Computerworld > NZ’s S92A failure linked to Aussie ISP copyright case

While New Zealand’s government, internet service provider industry and copyright owners contemplate their next move following the withdrawal of Section 92A of the Copyright Act, a legal action currently awaiting hearing in the Australian Federal courts is set to revolve around a strikingly similar p...

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.

With only four days until the Guilt Upon Accusation law, Section 92A of the Copyright Act, is due to come into force the Creative Freedom Foundation (CFF) are highlighting statistics that paint a picture of what New Zealanders may face if the Government allows this law.

Statistics emerge around the Guilt Upon Accusation Law.. With only four days until the Guilt Upon Accusation law, Section 92A of the Copyright Act, is due to come into force the Creative Freedom Foundation (CFF) are highlighting statistics that paint a picture of what New Zealanders may face if the Government allows this law.

S92A was championed by former Labour MP Judith Tizard as a law that would cut off the internet of those "who might be breaking the law" without any due process – effectively removing New Zealander's fundamental right to being presumed innocent until proven guilty. Prime Minister John Key has aptly called this law "draconian".

Ignorance no excuse over new copyright law | Stuff.co.nz

if you provide internet to others (as an employer, a library, a school, a cafe, a flatmate, or any other way) then YOU NEED TO HAVE A POLICY!

THIS MEANS YOU!!!!
YES YOU!    

Business New Zealand chief executive Phil O'Reilly said internet companies had every reason to be concerned about this "pernicious" law.

But also of concern was that thousands of businesses outside the internet sector don't have a clue about the new law and how they could be impacted by it.

Any business which provides internet access for its staff would be regarded as an internet service provider under the new law. This means that rights holder groups including giant media companies would send infringement notices directly to businesses, requiring them to deal with accusations of breach of copyright.

22 January 2009) Press release by Library and Information Association of New Zealand Aotearoa
"Librarians join protest against implementation of new section of Copyright Act
LIANZA, the Library and Information Association of New Zealand Aotearoa, representing 460 public, educational, commercial, industrial, legal and government libraries in New Zealand, has joined the widespread protest against the implementation of new section 92A of the Copyright Act, which comes into force on 28 February 2009.
LIANZA has three major concerns about this section. The first concern relates to the extremely wide definition of internet service provider. As written, every person or organisation that has a website is an ISP, as is every library, school, educational institution, association, government department, company, business and office that provides Internet access to its users or to its staff.
read more at http://www.lianza.org.nz/news/newsroom/news1232571195.html

Telecommunications Carriers Forum have been working on a policy to help ISPs comply with NZ's new copyright law.

That would be this law:

Section 92A: An Internet Service Provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer

They don't expect to have this complete in time for 28th February when this law comes into effect. So they're released a note with some advice

One section re-iterates the liability if ISPs don't act apon accusations and disconnect their own customers:

In Australia, under a provision which is worded almost exactly the same as our section 92A, the ISP community by and large has decided that it is not appropriate to terminate internet accounts on the basis of allegation only and that a Court order is required before they will act. Notices from rightsholders alleging infringement have been referred to the Police. As a result, 34 film and television companies are suing one significant ISP in Australia for failing to take appropriate action.

LIANZA has sent a letter to Stephen Joyce, NZ Minister of Communication and Information Technology, asking him to reconsider Sec 92a and expressing concern at the wide ranging potential of the definition of ISP.

A letter was sent yesterday on behalf of LIANZA to the Minister for
Communications and Information Technology, expressing LIANZA's concerns
about:

(1) the extremely broad definition of internet service provider (it includes any person or organisation which has a website)

(2) the implication that ISPs will be required to act on accusations of illegal access of copyright materials by users (thereby reversing the legal principle that a person or organisation is deemed innocent until proved guilty)

(3) the provisions of section 92A, requiring ISPs to terminate the account of a repeat infringer (which, if the repeat infringer is a user illegally accessing or downloading in-copyright materials on a library public-access computer, may result in the library, and possibly also the organisation (e.g. council, university, school, etc) to which the
library is attached, to lose all Internet access).

The letter strongly recommends that:

(1) the definition of internet service provider be amended
(2) section 92A be repealed prior to the date of its implementation (28
February 2009).

The New Zealand Library Association Inc. (LIANZA) is the professional organisation for the New Zealand library and information services sector.

Concern over new downloading laws - New Zealand's source for technology news on Stuff.co.nz

On February 28, a new section of the Copyright (New Technologies) Amendment Act 2008 will come into force.

It says internet service providers (ISPs) must "reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that internet service provider ...

Ti Point Tork » Blog Archive » S92A: Interim Repeat Infringer Termination PolicySource: nathan.torkington.comThe Telecommunications Carriers Forum have released a note to ISPs saying that while they’re working on a policy that will comply with S92A of the Copyright Act (”An Internet Service Provider ...