ISPs fury at amendment to Digital Economy Bill

Internet service providers (ISPs) have reacted with alarm and anger over a surprise amendment to the Digital Economy Bill, which would force them to block websites accused of hosting copyright material illegally.

The Internet Service Providers’ Association (Ispa) said it was “outraged” that amendment 120a, proposed by Liberal Democrat Lords Razzall and Clement-Jones was voted through the House of Lords yesterday; calling it “misjudged and disproportionate”.

The amendment was pushed through as an alternative to the controversial clause 17. That deeply unpopular clause, if it had been voted through, would have given any future Secretary of State unprecedented and sweeping powers to amend the Copyright, Designs and Patents Act 1988.

Nicholas Lansman, Ispa secretary-general, said "Ispa has been supportive of peers' excellent scrutiny of the Bill to date.

"However, in this instance, our members are extremely concerned that the full implications of the amendment have not been understood and that the reasoning behind the amendment is wholly misguided.

“We would therefore urge the Conservatives and Liberal Democrats to urgently reconsider their position."

It was known that the Liberal Democrats and Conservative peers planned to vote out clause 17, so in what appears to be a move to placate the entertainment industry, the new amendment was rushed through. By forcing ISPs to introduce network-level blocking, restricting access to specific sites, the amendment will still tackle illegal file sharing; but avoid the “blanket nature” of Clause 17 according to Lord Clement-Jones.

Andrew Heaney, executive director of strategy and regulation at Talktalk, warned this could open the back door to internet censorship and said “making the restriction of websites a more widespread policy would be dangerous given its major impact on internet users’ human rights, freedom of expression and privacy.”

He also warned that the wording could force ISPs to pay rights holder’s costs for seeking an injunction against a website which would inevitably be passed on to customers. He said this prospect would encourage ISPs to bar access to a site immediately before a rights holder’s case had been proven.

There will be another report day in the House of Lords on Monday, followed by the third reading the week after.