Mexico’s Senate Approves ISP Rules To Disconnect Persistent Online Pirates

November 7, 2026

An anonymous reader quotes a report from TorrentFreak: On Tuesday, Mexico’s Senate approved (PDF) a reform of the Federal Copyright Law that ties ISP liability to having a policy to terminate 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. In other words, what can be terminated is the Internet connection itself, not just an account. According to Mexican business outlet EL CEO, this means that access providers such as Telmex and Izzi will need such a policy.] The Senate approved the amendments with roughly two-thirds of the vote, as the opposition voted against. 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 between Mexico, the United States and Canada.

[…] Providers that don’t comply risk facing liability. Under the new rules, any ISP that fails to meet its safe harbor conditions becomes liable for its users’ infringements if it knowingly contributes to, induces, or causes the infringement. 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 (IMPI) can fine the provider up to roughly 4.7 million pesos (~$250,000), depending on the infringement. The law doesn’t explicitly define the term repeat infringer, nor does it say how many piracy accusations it takes before a subscriber can be cut off. According to Aurora Lopez-Portillo, director of legal services at IP firm ClarkeModet, each provider has to decide its own threshold. She told EL CEO that ISPs should also check whether the accusations actually hold up, while giving users a chance to respond, even though the law doesn’t require that.

During Tuesday’s Senate debate, some lawmakers in the opposition raised similar concerns. Senator Gabriel Elizondo warned that families can share a single connection, so the pirating activities of one person could leave an entire household offline. Previously, opposition lawmakers proposed requiring a court order before Internet service could be suspended, but that proposal was not adopted. […] There, failing to meet the safe harbor conditions, including the repeat infringer policy, is the first requirement for liability. If an ISP also contributes to infringement with knowledge of it, or can control the infringer and directly profits from it, it can be held responsible. The new repeat infringer rules will take effect 180 days after their publication in Mexico’s official gazette, which hasn’t happened yet as far as we can see. How Mexican ISPs will define a repeat infringer, and how many accusations it takes, has yet to be seen.