Clause 11 amends existing legislation to confer on the Secretary of State for Business, Innovation and Skills (Lord Mandelson at the time of writing) the power to impose a technical obligation on internet service providers, if the Secretary considers it appropriate.
A “technical obligation”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against particular subscribers to its service.
A “technical measure” is a measure that— (a) limits the speed or other capacity of the service provided to a subscriber; (b) prevents a subscriber from using the service to gain access to particular material, or limits such use; (c) suspends the service provided to a subscriber; or (d) limits the service provided to a subscriber in another way.
Francis Davey, a barrister who specialises in copyright law, points out that this says nothing at all about copyright infringement. For example, the power could be used to:
The GIST Hub
Clause 11: Obligations to limit internet access
Clause 11 amends existing legislation to confer on the Secretary of State for Business, Innovation and Skills (Lord Mandelson at the time of writing) the power to impose a technical obligation on internet service providers, if the Secretary considers it appropriate.
A “technical obligation”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against particular subscribers to its service.
A “technical measure” is a measure that— (a) limits the speed or other capacity of the service provided to a subscriber; (b) prevents a subscriber from using the service to gain access to particular material, or limits such use; (c) suspends the service provided to a subscriber; or (d) limits the service provided to a subscriber in another way.
Francis Davey, a barrister who specialises in copyright law, points out that this says nothing at all about copyright infringement. For example, the power could be used to:
In short, pretty much anything.
Further reading: