The Labour Government MP for Exeter, Ben Bradshaw, has tabled a new draft Clause 18 (amendment that would force broadband ISPs to block websites containing copyright infringing material) for the Digital Economy Bill (DEB) in the hope that it will achieve "the same effect, while addressing the concerns expressed regarding the current clause.".

Sadly the "new" Draft Clause 18 (Download .PDF) replacement still aims to block copyright infringing websites (this could conceivably include sites like YouTube and risks unfair censorship), albeit with a somewhat less Rights Holder friendly process of oversight. We've posted a small sample of this draft below.

(4) The regulations must provide that a court may not grant an injunction unless satisfied that the location is
—
(a) a location from which a substantial amount of material has been, is being or is likely to be obtained in infringement of copyright,
(b) a location at which a substantial amount of material has been, is being or is likely to be made available in infringement of copyright, or
(c) a location which has been, is being or is likely to be used to facilitate access to a location within paragraph (a) or (b).

(5) The regulations must provide that, in determining whether to grant an injunction, the court must take account of
—
(a) any evidence presented of steps taken by the service provider, or by an operator of the location, to prevent infringement of copyright in the qualifying material,
(b) any evidence presented of steps taken by the copyright owner, or by a licensee of copyright in the qualifying material, to facilitate lawful access to the qualifying material,
(c) any representations made by a Minister of the Crown,
(d) whether the injunction would be likely to have a disproportionate effect on any person’s legitimate interests, and
(e) the importance of freedom of expression.

It also seeks to reignite the old Clause 17 whereby the Secretary of State, Peter Mandelson, could adjust the legislation when required. However the replacement includes greater room for consultation and debate prior to any changes being made, which could in theory make it more acceptable.


The bill itself hopes to tackle illicit copyright file sharing (P2P) by broadband ISP users. Sadly it could also result in innocent people being forcibly disconnected from the internet, the unfair blocking of websites such as YouTube and damage access to public/open Wi-Fi networks.

Earlier this week the Liberal Democrat party changed its stance when Don Foster and the LibDem Department of Culture, Media and Sport said, "We, therefore, do not believe that measures to address site blocking can reasonably be included in the Digital Economy Bill and we will not support any such measures" (here).

The Liberal Democrats Chief Whip and MP for Sutton, Cheam and Worcester Park, Paul Burstow, supported this yesterday in a twitter post by saying, "I have told the Govt we won't support the Digital Economy Bill as drafted. There is not enough time for MPs to examine it in detail." The new draft is unlikely to appease its critics, with many fearing that the wash-up process will approve it without conducting proper consultation and debate.