Feeds

Web blocking powers return

Digital Economy Bill gets another do-over

High performance access to file storage

Power to make provision about injunctions preventing access to locations on the internet

Secretary Ben Bradshaw

To move the following Clause:

(1) The Secretary of State may by regulations make provision about the granting by a court of a blocking injunction in respect of a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that infringes copyright.

(2) 'Blocking injunction' means an injunction that requires a service provider to prevent its service being used to gain access to the location.

(3) The Secretary of State may not make regulations under this section unless satisfied that:

   (a) the use of the internet for activities that infringe copyright is having a serious adverse effect on businesses or consumers,

   (b) making the regulations is a proportionate way to address that effect, and

   (c) making the regulations would not prejudice national security or the prevention or detection of crime.

(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.

(6) The regulations must provide that a court may not grant an injunction unless notice of the application for the injunction has been given, in such form and by such means as is specified in the regulations, to:

   (a) the service provider, and (b) operators of the location.

(7) The regulations may, in particular:

   (a) make provision about when a location is, or is not, to be treated as being used to facilitate access to another location,

   (b) provide that notice of an application for an injunction may be given to operators of a location by being published in accordance with the regulations,

   (c) provide that a court may not make an order for costs against the service provider,

   (d) make different provision for different purposes, and

   (e) make incidental, supplementary, consequential, transitional, transitory or saving provision.

(8) The regulations may:

   (a) modify Chapter 6 of Part 1 of the Copyright, Designs and Patents Act 1988, and

   (b) make consequential provision modifying Acts and subordinate legislation.

(9) The Secretary of State may not make regulations under this section without the consent of the Lord Chancellor.

(10) Regulations under this section must be made by statutory instrument.

(11) A statutory instrument containing regulations under this section may not be made unless:

   (a) the Secretary of State has complied with section [Consultation and Parliamentary scrutiny], and

   (b) a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12) In this section "copyright owner" has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988; "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975; "modify" includes amend, repeal or revoke; "operator" in relation to a location on the internet, means a person who has editorial control over material available at the location; "qualifying material" in relation to an injunction, means the material taken into account by the court for the purposes of provision made under subsection (4); "service provider" has the same meaning as in section 97A of the Copyright, Designs and Patents Act 1988; "subordinate legislation" has the same meaning as in the Interpretation Act 1978.

(13) In the application of this section to Scotland: "costs" means expenses;"injunction" means interdict.

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.