Copyright Seminar: InternetNZ’s Point of View 25 May 2010

Agenda Today’s Programme InternetNZ’s Basic View Termination Other Issues Please make submissions

Today’s Programme MED David Diprose – ISPs Nat Torkington – Technologists Matthew Holloway – Creative Sector Morning Tea Rick Shera – the gritty legal detail Wrap up

InternetNZ’s basic view The entire proposal is a solution looking for a problem. The evidence does not add up in favour of public intervention. This Bill is much better than the previous legislation, but… —Notice and Notice should be all that is required. —Other technical improvements are needed The regime proposed is workable, aside from termination.

Termination In reporting back the last legislation, the Commerce Select Committee said: Requirement for a policy to terminate accounts of repeat copyright infringers We recommend that new section 92A (clause 53) be deleted as the standard terms and conditions of agreements between an Internet service provider and its customers usually allow for the termination of accounts of people using the services for illegal activity. Moreover, new section 92C already requires an Internet service provider to delete infringing material or prevent access to it as soon as possible after becoming aware of it.

Termination It’s a disproportionate remedy It is unenforceable It fails to recognise the growing importance of the Internet in people’s day to day lives It contradicts the driver to invest $1.5bn in fibre

Other issues … will be discussed mainly by Rick Shera… Definition of ISP Definition of account suspension Workability of the notices process

Please submit! Submissions are due on 17 June 2010 Please make a submission recording your views InternetNZ’s draft may help you write your submission – we can send you an advance draft copy.

Thank you. Jordan Carter, Policy Director