New Zealand toys with ‘Three Strikes’ law

Life

16 July 2009

New Zealand economic officials have released a revised draft of their proposed law for copyright infringement after the government rejected their first version earlier this year. The new bill aims for a fairer prosecution of illegal Internet usage, specifically in the area of copyright infringement.

“The main concern was that this could have led to the disconnection of the subscriber’s Internet account without due process,” said the bill’s drafters. Other issues addressed were what authority an ISP has to disconnect a customer and whether such action was a fair response the user’s activity.

The new draft offers more opportunity for the accused to file a claim if they so choose. With the first notice of warning, the user has 30 days to cease the illegal activity. If they do not, another 30-day period allows the user to file a dispute. If the ISP does not agree with the dispute, a copyright tribunal is then brought in to settle the matter.

The punishment is still either a fine or disconnecting the Internet. New Zealand’s current draft of the bill is open for public comment until 7 August.

 

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Around the world, ISPs are being asked to monitor and prosecute their users who engage in illegal matters, but many are refusing on the grounds that it is not up to them to monitor these activities. UPC Broadband was recently served by the Irish Recorded Music Association. Eircom, meanwhile, is the first provider in Europe to agree to the monitoring requests of a copyright holder.

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