Encrypted services: legal protection of services based on or consisting of conditional access

The Commissioner indicated that the Commission could accept Amendments Nos 1 to 4, 6 to 8, 10, 12 to 17, 19 and 23 to 25. However, Amendments Nos 20 (which extended the proposal’s scope beyond anti-piracy measures) and 22 (which, by restricting the definition of illicit pirate devices, risked weakening the protection envisaged by the proposal) could not be accepted. Likewise, because they were not sufficiently clear, Amendments Nos 5, 9, 11, 18, 21 and one part of Amendment No 23 could also not be accepted. Despite these differences of opinion, the Commissioner concluded by highlighting that the agreement between the institutions on the final objective of combating piracy was broadly based.