[LINK] SMH: 'Jail threat against internet cafe owners'

[Roger Clarke]

[Can anyone confirm or deny this claim:
"A federal police spokesman said internet cafe operators ... had a 
duty of care to prevent illegal activity on their premises."]


Jail threat against internet cafe owners
The Sydney Morning Herald
Date: January 23 2008
Arjun Ramachandran
http://www.smh.com.au/text/articles/2008/01/22/1200764264492.html

MOST people use Tony Chen's Bondi Junction internet cafe to email 
friends or browse the internet. But if any of the backpackers or 
local residents frequenting his cafe, The Mouse Pad, were to 
illegally download music, Mr Chen - as the cafe's owner - could face 
up to five years in jail or fines of up to $60,500.

That was the stern warning yesterday from Music Industry Piracy 
Investigations, the Australian music industry's anti-piracy arm.

The organisation has released a guide for internet cafes, warning 
operators of their obligations in stopping music piracy.

Mr Chen's cafe operates on the principle of honesty. "I don't really 
know what [the patrons] do. We haven't really got any rules."

But Sabiene Heindl, the general manager of the investigating agency, 
said there were increasing numbers of complaints about copyrighted 
content being housed in internet cafes.

"The suggestion is that a number of cafes are actively encouraging 
people to save music on their servers, then [that content] is almost 
offered as a value-add for the fee paid," she said.

Last month Australian Federal Police raided a city centre internet 
cafe that allegedly offered customers large volumes of pirated 
content, in what Ms Heindl said was the first criminal action against 
an internet cafe for copyright breaches.

The agency has said it will also consider civil action against 
internet cafes simply unaware their customers are downloading content 
illegally. "It's not OK to turn a blind eye to these things," Ms 
Heindl said. The proposition shocked Mr Chen, who said he had not 
been made aware of his obligations or how to control the computers.

A federal police spokesman said internet cafe operators would not 
necessarily be held liable for customers' actions, but had a duty of 
care to prevent illegal activity on their premises.

-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW