New Zealand Govt Slowly Resurrecting “Three-Strikes”

Hollywood warns it must still include Internet disconnection, “an ultimate sanction to show we’re serious,” but critics says “unfettered access for all” is more important, and that warning letters alone will suffice.

Back in March, New Zealand decided to throw out controversial Section 92A of the Copyright Amendment (New Technologies) Act that called for terminating the accounts of repeat file-sharers per a “three-strikes” graduated response system.

The decision followed public outcry from critics concerned people could be cut off without proper proof of their guilt, referring to it mockingly as the “guilt upon accusation law.”

Now it’s being reported that the New Zealand Economic Development Ministry has formed a group of intellectual property and internet law experts to begin developing a framework for copyright legislation to be submitted as a bill later this year.

Groups on both side of the issue are already lining up to voice their opinions.

The Internet Society of New Zealand (InternetNZ), a non-profit organization dedicated to “unfettered access for all,” an Internet that “continues to operate in an open environment that cannot be captured by any entity or individual for their own ends,” demands that it does not repeat the mistakes the previous law made.

“Termination should be off the table,” says InternetNZ Executive Director Keith Davidson. “Nobody condones copyright abuse, but the termination of a household or business Internet account is totally out of proportion to the alleged offence. “If the aim of the review is to find a way to reduce people’s abuse of copyright, it should legislate for a notice system where people who are alleged to be infringing copyright get a notice educating them about the problem.”

Davidson says this solution alone is capable of reducing illegal file-sharing by around 70%, a figure, in fact, echoed in the recent release of the UK’s Digital Britain Report.

“92A was thrown out by the government after heated community reaction to it. Any attempt to re-introduce this penalty will likely lead to the same public response,” he continued. “Instead of trying for termination again, InternetNZ calls on the government to choose a different solution based on notices – a solution that will work for Kiwi Internet users. Only this approach fairly balances copyright rights holder concerns with the public interest in the ongoing development of a free and open Internet.”

The Internet Service Providers Association of NZ (ISPANZ) has also asked the government to take termination of internet accounts for copyright infringers off the table in its work to replace Section 92A.

ISPANZ President Jamie Baddeley says terminating internet accounts to address copyright infringement is a fundamentally flawed approach.

“It is a crude instrument with a shotgun-like approach that will not address the majority of offences. We would expect that addressing this issue and finding an alternative solution is the first order of business.

On the other side of the equation is NZFACT, whish was established by the Motion Picture Association to “protect the film and television industry in New Zealand from the adverse impact of movie piracy and copyright theft.” It is asking that New Zealand follow France’s lead and rework the legislation so that a judge can terminate the Internet connections of repeat file-sharers.

Mr Eaton told Australia’s National Business Review that he supports three principles:

1. That online copyright violators are given three warnings over a period of several months;
2. That a high standard of evidence is required; and
3. That an independent arbitrator be available for instances where the standard of evidence is disputed.

“There needs to be an ultimate sanction to show we’re serious,” says NZFACT executive director Tony Eaton.

The recording industry, for its part, is only concerned the process is taking too long.

“My only concern would be the length of time it’s going to take,” says Recording Industry Association chief executive Campbell Smith. “Given the perilous state our industry is in due to copyright infringement any length of time is really damaging. But we do understand there needs to be a process. This issue has been discussed for some time already. The Government is well aware of everybody’s concerns, which will be taken into account in this process.”

But will it?

Critics point out that the people involved in the panel so far doesn’t include ISPs or Inter user groups like InternetNZ, and that the endgame may already be decided.

“There’s been nothing said or seen which would imply that level of broader consultation and re- thinking has taken place or is in place,” added Telecommunications Carriers Forum independent chair Richard Westlake. “There is a working group but we’re concerned the issue has been pre-judged.”

So are the people of New Zealand I’m sure.

Stay tuned.

jared@zeropaid.com

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