By Ernesto Van der Sar<\/p>\n\n\n\n
Mexico’s Senate has approved copyright amendments that require Internet providers to have a policy to cut off repeat infringers, or risk liability for their subscribers’ piracy. The law doesn’t explicitly say who counts as a repeat infringer. The changes follow calls from U.S. rightsholders, and come months after the U.S. Supreme Court ruled that ISPs aren’t liable simply for keeping pirating subscribers online.<\/p>\n\n\n\n
This strategy took a major hit in March, when the Supreme Court wiped out<\/a> the $1 billion verdict against Cox.<\/p>\n\n\n\n According to the Court, knowing about piracy and failing to act on it is not enough to make an ISP liable for contributing to it. However, south of the border, lawmakers have now taken a different approach.<\/p>\n\n\n\n On Tuesday, Mexico\u2019s Senate<\/a> approved a reform of the Federal Copyright Law<\/a> that ties ISP liability to having a policy to terminate repeat infringers.<\/p>\n\n\n\n The Senate approved the amendments with roughly two-thirds of the vote, as the opposition voted against.<\/p>\n\n\n\n The Chamber of Deputies already approved the same text in October, so the decree now goes to President Claudia Sheinbaum. Her government proposed the changes in May to bring the law in line with the USMCA trade agreement<\/a> between Mexico, the United States and Canada.<\/p>\n\n\n\n U.S. rightsholders pushed Mexico for ISP liability rules as well. In January, copyright industry coalition IIPA<\/a> complained that Mexico\u2019s 2020 reform \u201cdid not provide a clear principle of secondary liability for those inducing or promoting copyright infringement.\u201d<\/p>\n\n\n\n In April, the USTR moved Mexico to a lower tier of its piracy watch list, citing the draft amendments<\/a>.<\/p>\n\n\n\n The trade agreement also prompted an earlier change in 2020, when Mexico added DMCA-style safe harbors to its copyright law. As a result, hosting platforms and search engines are only protected if they have a policy to terminate the accounts of repeat infringers, but this didn\u2019t apply to regular consumer ISPs.<\/p>\n\n\n\n The new amendments change that, requiring Internet providers to have a policy for terminating the service of repeat infringers. This policy has to be published permanently on their website and in their terms of service, and it must include a basic way to notify users.<\/p>\n\n\n\n In other words, what can be terminated is the Internet connection itself, not just an account. According to Mexican business outlet EL CEO<\/a>, this means that access providers such as Telmex<\/a> and Izzi<\/a> will need such a policy.<\/p>\n\n\n\n Providers that don\u2019t comply risk facing liability.<\/p>\n\n\n\n Under the new rules, any ISP that fails to meet its safe harbor conditions becomes liable for its users\u2019 infringements if it knowingly contributes to, induces, or causes the infringement.<\/p>\n\n\n\n The same goes for an ISP that can control the infringing user and profits directly from the infringement. In both cases, the Mexican Institute of Industrial Property<\/a> (IMPI) can fine the provider up to roughly 4.7 million pesos (~$250,000), depending on the infringement.<\/p>\n\n\n\n The law doesn\u2019t explicitly define the term repeat infringer, nor does it say how many piracy accusations it takes before a subscriber can be cut off.<\/p>\n\n\n\nSenate Backs ISP Liability Rules<\/h2>\n\n\n\n
Disconnect Repeat Infringers<\/h2>\n\n\n\n
![\"New](\"https:\/\/torrentfreak.com\/images\/mexico-lfda-114-octies-c.png\")
<\/p>\n\n\n\nWho Is a Repeat Infringer?<\/h2>\n\n\n\n
![\"not](\"https:\/\/torrentfreak.com\/images\/notliable-sc.png\")
<\/p>\n\n\n\n