A controversial amendment to the NZ Copyright Act will mean that if a file-sharer is accused of copyright infringement, they are immediately presumed guilty.
The implementation of Section 92A would force the termination of internet connections and websites without evidence or trial, bypassing the right of the accused to defend themselves.
The amendment is open to interpretation, simply stating - “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 Ministry of Economic Development (MED) told 3 News the law is needed as it would be too time consuming and expensive for copyright owners to take individual users to court.
"While copyright owners can take legal action against those Internet users engaging in infringing peer to peer file-sharing, it is difficult for them to identify any particular user. In addition, they would then have to take the users to court."
"Given the number of users, this would be time consuming and expensive. Section 92A is intended to provide a framework for dealing with infringing P2P file-sharing that has sufficient flexibility to allow ISPs to develop policies that take account of their particular circumstances," said Emilia Mazur of the MED.
Additional questions are being raised over people who share files outside of the home.
If a single file-sharer was tracked to an organisation, school or business - would they get their entire connection culled?
In a joint statement, the Telecommunications Carriers Forum (TCF), InternetNZ, ISPANZ, TUANZ, New Zealand Computer Society and Women in Technology - refer to section 92 as “A deeply flawed law that undermines fundamental rights and simply will not work”.
With the aim of curbing copyright infringements, the proposal is likely to impact everyone from artists and businesses, to everyday web surfers.
An
online petition has been set up in the hope of swaying MPs before the regulation is due to come into effect on February 28, 2009.
3 News