Digital Economy Act

After negotiations last week the Government have published the Digital Economy Act, a slimmed down version of the recent Digital Bill. It covers a variety of topics, but the main items to speak of include Ofcom's new outlined objectives for reporting including:

Infrastructure
Network service matters
Internet domain names and has new powers on internet domain registries
Media content

Ofcom will also be flexing new muscles on Public Lending rights as well as a new objective to set up a code of practice on copyright infringements. In addition the recently proposed landline tax has officially been dropped from the Finance Act for now.

Ofcom has published Terms of Reference setting out its initial obligations and approach to setting up a code of practice for managing copyright infringements. Ofcom says that qualifying ISPs will be required to notify subscribers of allegations made by copyright owners that their account has been used for unlawful file sharing and to maintain a list of the subscribers who receive multiple unchallenged notifications.

Subscribers must be provided with sufficient information in any notification such that they can challenge the basis under which notification has been sent. They must also have access to a robust and effective appeals mechanism. Subscribers on those lists may have their details passed to relevant copyright owners who may pursue legal action, though any such transfer of personal information will require a Court Order. Any processing of subscriber data must be in compliance with the relevant data protection laws.

These measures will be introduced and governed through a code of practice, which will be approved, implemented and enforced by Ofcom. Ofcom will also establish mechanisms for the resolution of disputes between parties to the code. The code must be in place by December 2010, including 3 months consultation within Europe. Ofcom will initially assess whether a code can be drafted with industry otherwise it will impose one. The new draft code will be issued in May 2010.