as pointed out by Creative Freedom, NZFACT^[1] have finally admitted Section92a^[2] of the copyright act means "guilt by accusation"

NZFACT were quoted on stuff.co.nz:

[NZFACT] envisaged ISPs would act on infringement notices generated automatically by copyright holders, who would identify infringers by tracking traffic on file-sharing sites."

So, someone automatically generates an accusation, and ISPs were expected act on them. That's accusation, swiftly followed by punishment explained.

Why would ISPs do that? becuase the original S92a made the ISP themselves liable if they didn't disconnect the accused, thanks to some vagues wording of "reasonable circumstances" (the whole section 92 is entitled "ISP Liabilty").

[1] NZ front of USA based lobbyists for extreme copyright laws.
[2] The Guilt by Accusation Internet Termination clause in New Zealand copyright law that was thankfully stopped by the blackout protestors and our new National government.

In New Zealand we like to think we live in a democracy, with elected members of parliament who do the will of the people, and listen to experts in their subject matter before passing laws.

so, how are laws made in New Zealand?

There's an overview at Parliament.govt.nz on how laws are made. The key steps are:

• Introduction
• First reading
• Select committee
• Second reading
• Committee of the whole House
• Third reading
• Royal assent.

4 December 2006: Copyright (New Technologies) Amendment Bill was introduced to house on
12 December 2006: first reading
Referred to Commerce Committee
9 March 2007: Select committee submissions due

Transcript of select committee from hansard

During select committee stage, the draconian "Guilt By Accusation" & Internet disconnection was removed. (That's all of section 92).

The Bill moved from Select Committee, and went back to the house for voting.

a report from Waikato's student magazine:

Supporters of the controversial "guilt upon association" copyright law have been asking people to sign a petition in favour of the law, claiming it is about controlling child pornography.

Several United Video and other video rental stores in Hamilton are circulating a petition, asking that people agree to the statement "that ISPs (Internet Service Providers) should... [agree] to terminate the internet accounts of persistent infringers of copyright law."

But staff at the video stores have been telling customers that the petition is about stopping child pornography. Staff at United Video Dinsdale could be overheard last weekend telling customers that the petition was about stopping "illegal downloads online" and "especially kiddy porn." They were unclear about what the law being referred to actually was or what the petition addressed. When staff called upon the manager, Sue, to clarify the petition, she also said that the law was about stopping illegal downloads,

"Particularly child porn," she said.

read more

What the amendment actually does is make an ISP liable is they do not have a policy of disconnecting those that repeatedly infringe copyright. Do they imagine someone is going to use the copyright laws and claim they own the copyright on some child rape videos!!??

Wednesday, 11 March 2009, 2:56 pm
Press Release: LinuxChix NZ

New Zealand Linux Industry and Community reject guilt on accusation copyright laws Press release by LinuxChix NZ, Waikato Linux Users' Group and Wellington Linux Users' Group 11-March-2009

A new threat has emerged against Linux and other Open Source Software: New Zealand's new, ill-conceived copyright laws that pave the way for users to be disconnected on accusation of copyright infringement.

Copyright threats against Linux are nothing new. In 2003 The SCO Group, a commercial entity from the USA, falsely claimed copyright on parts of the Linux operating system. It took a long time, over four years for these claims to be declared as false by the courts and thrown out. Even though SCO Group's copyright claims were found baseless, the drawn-out legal process was prohibitively expensive and held the potential to severely damage the future of Linux.

Many New Zealand businesses and community groups fear the threat of false copyright accusations against Linux could result in internet disconnection and website takedowns without due process. There is no requirement under the new law to prove the accusations, nor are there any sanctions against those who make false ones.

Already, the country's third largest ISP, TelstraClear, has stated it will take down sites accused of hosting copyright infringing material without investigation or verification of the claims.

New Zealand Linux Industry and Community reject guilt on accusation copyright laws | linuxchix.org.nSource: linuxchix.org.nzA new threat has emerged against Linux and other Open Source Software: New Zealand's new, ill-conceived copyright laws that pave the way for users to be disconnected on accusation of copyright infringement.

The Creative Freedom Foundation has teamed up with Mike Corb and Luke Rowell / Disasteradio to produce the Guilt Upon Accusation anthem: The Copywrong Song.

The song is part of a week of action, launched by the Foundation, against Guilt Upon Accusation laws in NZ. The campaign, taking place from 16-23 February, is a reaction to Section 92A of the Copyright Amendment Act due to come into effect in NZ on February 28, and has already seen thousands of people, organisations, and major companies "blackout" their websites, blogs, FaceBook, MySpace, Twitter and Bebo accounts to show their opposition to the law.

Lyrics: Matt Hunt, Mike Corb, Bronwyn Holloway-Smith, Luke Rowell/Disasteradio
Music: Mike Corb
Produced by: Luke Rowell/Disasteradio
Vocals, guitar, guitar synth: Mike Corb
Synths and programming: Luke Rowell/Disasteradio

DOWNLOAD THE MP3
Info on the Remix Challenge

it.gen.nz » Blackout: Say no to Guilt upon AccusationSource: it.gen.nzYou may have noticed sites turning black today. Black is what the New Zealand Internet could become if we don’t act now. Parliament has sold New Zealand Internet users down the river, and only Parliament ...

Join New Zealand Internet blackout protest against insane copyright lawSource: www.geekzone.co.nzReason didn't work and the Parliamentary process failed, which is why we in New Zealand now have arguably the world's harshest copyright enforcement law. Sections 92A and C of the amended Copyright Act ...

If you also wish to black out your avatar, in protest of "Guilt upon accusation" within New Zealand's new Copyright laws, you may use the attached black images.

(images released under WTFPL)

the law (section 92a) comes into effect on 28th February - it just needs the new cabinet ministers to sign it off.

This is the last week to "make some noise".

If you haven't written to your MP, or Steven Joyce (Minister for Communications) yet, then there is still time. A letter to either doesn't even need a stamp if posted in New Zealand.

Dunne: Repeal ‘guilt by accusation’ internet piracy law | United FutureSource: www.unitedfuture.org.nz“All of us who brought in this Act last year believed we were protecting artists from piracy and illegal downloads. However, it is now clear that we have a situation where internet users are vulnerable to the mere accusation of piracy, and that is simply neither fair nor just,” Mr Dunne said.

“In...    United Future declares that section 92a needs to be repealed and suggests a three to six month timespan to fix this draconian law    

APRA and RIANZ Seek Power To Judge Copyright InfringementSource: holloway.co.nzTypically a wrongly accused person would respond with what’s called a Counter Notice saying that they reject the accusation and an ISP would judge that, but with the RSCN Procedure the accuser is empowered to decide whether the accused’s Counter Notice is valid, not the ISP.     Instead of your ISP judging your guilt, how about the person who accussed you gets to judge it?

The TCF invite your feedback. http://tinyurl.com/tcf-draft-homepage    

heise online - 30.01.09 - Keine Internetsperren bei UrheberrechtsverstößenSource: www.heise.deDas Bundesjustizministerium strebt kein System der "abgestuften Erwiderung" auf illegale Filesharing-Aktivitäten an, während sich ein irischer Provider in einem Rechtsstreit mit der Musikindustrie auf ein solches Verfahren einließ.    Germany will not be passing "Guilt apon accusation" style laws. saying that Three Strikes is incompatible with German pirvacy and telecommunications laws.

Back in January the UK declared they also would and could not pass laws implementing guilt apon accusation.

Meanwhile, guilt apon accusation becomes law in New Zealand on 28th February    

Musicians In New Zealand Protesting 'Guilt Upon Accusation' Plan | TechdirtSource: www.techdirt.com

New Zealand Gov't Refuses To Remove 'Guilt Upon Accusation' Clause In Copyright Act | TechdirtSource: www.techdirt.com

Homepage News » NZ Herald asks "UK backs down on three strikes - will sanity prevail here?" — CreatiSource: creativefreedom.org.nzCiting the UK's recent statements against Guilt Upon Accusation laws due to "impracticalities and complexities" this NZ Herald article asks why National's Steven Joyce thinks this law is workable?: "The UK government's back-down also calls the move by the National government further into question. I...

Imagine if NZ Post was required to keep a photocopy of every thing you send in the post, unsealing the evelope to do so - including all your credit card statements, confidential contracts, love letters, photos of your kids sent to their grandma. Imagine what a stamp will cost under this law?

All this would need to be saved just in case you get accused of copyright infringement by post - and if you are accused, your local postman is to be the judge of your guilt.

If you are accused, and the postman can't work out if you're guilty or not, they will take the safer path and "disconnect you". You are now denied from sending or receiving any mail.

Lets imagine you are guilty -- you posted a video of your 2 year old daughter dancing at her birthday party, and in the background there's some music by the wiggles - you infinged copyright both by recording this moment and by sharing it with their grandparents.

You are denied use of the post. Now you can no longer receive you bank statement, no more photos sent to grandma, no christmas greetings from your sister in Ireland, and no more love letters.

Imagine it's 1990 and Post is how everyone sends these things.

You're going to struggle to file a tax return, government departments can't send you information, you won't get that invite to speak at a conference.

Then imagine it's today - and it's not the Post, but your ISP -- and now you have the situation in New Zealand.

Stuff.co.nz - Poll ResultsSource: www.stuff.co.nz    STUFF POLL: Are you concerned by new 'guilt by accusation' internet copyright laws?

No, responsible users won't be affected (242 votes, 8.4%)
Yes, it assumes guilt rather than innocence (2216 votes, 77.3%)
Let's wait to see how it works in practice (407 votes, 14.2%)    

Labour, National, what’s the diff? We’re still guilty if accused | KnowITSource: knowit.co.nzCalls to repeal a law that could mean Kiwi internet users have their connections cut if they are accused of breaching copyright have been knocked back by the Government.

The new “guilt by accusation” law would result in internet service providers (ISPs) being forced to take on the role of gateke...

— Creative Freedom Foundation (creativefreedom.org.nz)Source: creativefreedom.org.nzRIANZ, APRA, and NZFACT are continuing to push for Section 92a: a flawed law that presumes guilt upon accusation, punishing internet users with disconnection without a trial or evidence held up to court scrutiny.

Group petitions against copyright law changes | TECHNOLOGYSource: tvnz.co.nzWatch TVNZ news tonight for Bronwyn Holloway-Smith speaking on New Zealand's "guilt apon accusation" style copyright laws.

from http://tech.slashdot.org/article.pl?sid=09%2F01%2F06%2F0351202&from=rss

Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides 'Guilt Upon Accusation,' which means that if a file-sharer any New Zealander is simply accused of copyright infringement he/she will be punished with summary Internet disconnection. Unlike most laws, this one has no appeal process and no punishment for false accusation, because they were removed after public consultation. The ISPs are up in arms and now artists are taking a stand for fair copyright.

More posts tagged s92a

Quoting Matthew Holloway:

Slashdot | NZ File-Sharers, Remixers Guilty Upon AccusationSource: tech.slashdot.org"Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides 'Guilt Upon Accusation,' which means that if a file-sharer is simply accused of copyright infringement he/she will be punished with summary Internet disconnection. Unlike most...

coffee.geek.nz | Whoever dies with the most toys wins.Source: coffee.geek.nzIf you listened to recording industry lobbyists, you could be fooled into thinking the artistic and creative citizens of New Zealand are united in wanting Guilt apon Accusation in New Zealand law, and ...

If you listened to recording industry lobbyists, you could be fooled into thinking the artistic and creative citizens of New Zealand are united in wanting Guilt apon Accusation in New Zealand law, and for copyright holders to have the right to take down any website or disconnect any person, business, school, hospital, or institute from the internet without trial, without proof of any crime and no penalty for false accusations.

These laws passed under the Labour government. National voted yes. (greens and maori party voted no). Most went into effect on November 1st - the remainder go into effect on 1st March.

If you're an artist, and don't want draconian laws made in your name, or just want more info on WTF New Zealand government and recording industry lobbyist have unleashed apon New Zealanders, head over to http://creativefreedom.org.nz