Copyright law change could see net cut-offs

Published: 12:10PM Thursday January 08, 2009 Source: ONE News

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There are warnings internet users could find themselves disconnected without warning under controversial copyright laws due to take effect next month.
 
Some say the legislation could punish innocent file-sharers without proof.
 
Until August, Elliott Smith had over 100 videos on YouTube. Then, he made the mistake of uploading Olympics footage without permission and within 12 hours his account was suddenly deleted.

"I emailed YouTube and they didn't get back to me. So I ended up just setting up a new account. It's probably easier than going back but I didn't have any of my old videos or anything saved to my hard drive so it's a bit of a hassle," says Smith.

YouTube operates under American law. But there are warnings New Zealand could see more cases like Smith's when our own copyright law changes in less than eight weeks.

"What it does is it forces internet service providers to cut off the internet of anyone who's accused of infringing copyright, not found guilty, just accused," says Bronwyn Holloway-Smith of the Creative Freedom Coalition.

And there are claims those accusations could punish complete innocents.

"One in four computers in the world is infected with a virus which means that the computers could potentially be downloading, sending on copyright infringing material without the owner even knowing about it," says Holloway-Smith.

Internet service providers are also worried. They have pointed out how the law could affect big firms. They say if one individual is accused of breaching copyright, the internet connection for the whole organisation could be cut.

The music industry lobbied for the law in a bid to stop illegal downloading and file sharing.

The new government admits the law is flawed. It's considering delaying its introduction to allow the internet industry to make suggestions on how to get the law on copying right.

The implementation of the new law will effectively force the termination of internet connections and websites without evidence or trial, bypassing the right of the accused to defend themselves.

It states that "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."

The group launched their campaign in December, and say unless there is major public protest against it, it will roll over into law on February 28.

Their aim is to "unite artists who are against the removal of New Zealanders' rights through proposed changes in Copyright law, done in the name of protecting creativity".

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In a joint statement, the Telecommunications Carriers Forum, Internet NZ, ISPANZ, TUANZ, New Zealand Computer Society and Women in Technology - say that the new law is a "deeply flawed law that undermines fundamental rights and simply will not work".

Judith Tizard, former Labour MP said in October during an interview that "it is easier for internet service providers to cut off anyone who might be breaking the law".

However Creative Freedom Foundation says that in practice, many businesses and people may be forced to bear the burden of paying for a secondary backup internet connection and website just in case they are falsely accused.

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