Ley Sinde
| Ley Sinde | |
|---|---|
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| Sustainable Economy Act | |
| Territorial extent | Spain |
| Enacted by | Ángeles González-Sinde |
| Date enacted | December 30, 2011 |
| Summary | |
| The Sinde Law, part of the larger Sustainable Economy Act, is Spanish legislation designed to reduce internet copyright infringements. | |
Ley Sinde, or the Sinde Law, is a provision in Spain's Sustainable Economy Act designed to address internet copyright infringements. The bill passed the final legislative hurdle and was made law Friday December 30, 2011. The law created a new intellectual property commission designed to review requests from copyright holders about websites that they claim infringe upon their copyright. The commission has the authority to determine whether to take action against the website or content intermediaries such as the internet service provider (ISP) or hosting provider. The commission's ruling is evaluated by a judge, with the goal of completing the entire review process within 10 days. The law has a provision that also requires content intermediaries to respond more quickly than under previous law: websites determined to be in violation of copyright law must be taken down within 48 hours. Finally, the law has a significant impact on individual privacy rights: it allows impacted parties to seek the identity of those they believe to have infringed on their copyright. This clause reversed precedent set by a 2008 European Court of Justice’s ruling in Promusicae v. Telefónica barring IP holders from demanding the identity of copyright infringers from ISPs. There was strong international pressure, predominantly from the United States, for the creation of this legislation while it was strongly opposed by bloggers, journalists and tech professionals in Spain. Deputy Prime Minister Soraya Sáenz de Santamaría said that the aim of the law was "to safeguard intellectual property, boost our culture industries and protect the rights of owners, creators and others in the face of the lucrative plundering of illegal downloading sites."
The United States government has used the Special 301 Report to encourage other countries into adopting more stringent copyright and patent laws. Cables unearthed by suggest US pressure was a major factor in the creation of Ley Sinde. In February 2008 the US Embassy in Spain sent a cable back to Washington indicating they planned to tell the Spanish government that they would appear on the Watch List of the Special 301 Report if they did not take significant steps to reduce internet copyright infringements. The cable indicated that they would encourage the Spanish government to adopt a law similar to the two proposals that would eventually become France's HADOPI Law and the UK's Digital Economy Act. The Spanish government did not show sufficient progress to satisfy the Office of the United States Trade Representative, and it was added to the 301 Special Report in 2008 and 2009.
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