ISPs as gatekeepers: a.nz community response Presented by Rick Shera,

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Presentation transcript:

ISPs as gatekeepers: a.nz community response Presented by Rick Shera,

s92A, Copyright (New Technologies) Amendment Act 2008 (NZ) 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

D3vilish d3finitionz r ISP – anyone who hosts, stores or provides connectivity r repeat infringer – a person who infringes repeatedly r account? r reasonably implement? r appropriate circumstances?

#fail

problems r evidence standards r termination of basic human right r privacy r impact on non-infringers r which ISP? r ulterior motives r ISPs as adjudicators r inadequate ISP safe harbours r slippery slope

Estimated 10,000 blacked out twitter avatars

$$

#fail

As set out in the proposal, the role of ISPs is too limited. … ISPs should be involved in communications with their customers; should help to resolve claims in response notices; and apply consequences NZFACT Submission to MED August 2009

meanwhile …

Links: NZ Ministry of Economic Development (MED) copyright policy – Creative Freedom Foundation (CFF) – Telecommunication Carriers’ Forum (TCF) - de f6.html InternetNZ – NZFACT – RIANZ – Rick Shera – / / /