Online infringement of copyright provisions (sections 3–16)
Sections 3 to 16 contained copyright infringement provisions, which were controversial. These provisions established a "code" to be created which would define a system of procedures covering notifications to Internet Service Providers to notify their customers when an allegation was made of downloading copyright-infringing content online, subscriber appeals, conditions under which subscribers could be identified to third parties, and conditions for disconnecting persistent infringers. The objective was to provide evidence that copyright holders could use in court action against subscribers who repeatedly infringed. A second element of the provisions comprises the ‘technical measures’, where a sanction would be applied directly via a subscriber's Internet provider.
Under DEA Section 3 the allegations were to be transmitted to the Internet Service Providers (ISPs) by the copyright holders. The ISPs would then be obliged to transmit notifications to their subscribers, informing them of the allegation. DEA Section 4 mandated the ISPs to keep a list of repeat offenders (a "copyright infringement list" ) who had reached a pre-determined threshold in terms of the number of infringements committed, and the data should be anonymous. The aim is that copyright holders could later seek a court order to identify subscribers against whom they want to take action.