isps as gatekeepers: a.nz community response presented by rick shera,

ISPs as gatekeepers:a .nz community

response

Presented by Rick Shera, l@w.geek.nz

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 ISP – anyone who hosts,

stores or provides connectivity

repeat infringer – a person who infringes repeatedly

account? reasonably implement? appropriate circumstances?

#fail

problems evidence standards termination of basic human right privacy impact on non-infringers which ISP? ulterior motives ISPs as adjudicators inadequate ISP safe harbours 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 – http://www.med.govt.nz/templates/StandardSummary____172.aspxCreative Freedom Foundation (CFF) – http://creativefreedom.org.nz/Telecommunication Carriers’ Forum (TCF) - http://www.tcf.org.nz/content/d543212c-ab29-42dc-8fa5-de14710785f6.htmlInternetNZ – www.internetnz.net.nzNZFACT – www.nzfact.co.nzRIANZ – www.rianz.org.nz

Rick Shera – rjs@lojo.co.nz / l@w.geek.nz / http://twitter.com/lawgeeknz / www.lojo.co.nz