[LINK] After delay, Kiwis to get kinder, gentler "3 strikes" policy

[Kim Holburn]

A good discussion of it here:
http://www.boingboing.net/2009/12/16/three-strikes-law-re.html
Some of the comments are worth a read.

On 2009/Dec/16, at 11:11 PM, Roger Clarke wrote:

> After delay, Kiwis to get kinder, gentler "3 strikes" policy
>
> The government scrapped a botched graduated response plan back in
> March, but it has returned with a much-improved version of the scheme
> that puts judges in charge of disconnections and removes "guilt by
> accusation."
>
> By Nate Anderson
> December 16, 2009 12:06 PM
> http://arstechnica.com/tech-policy/news/2009/12/after-delay-kiwis-to-get-kinder-gentler-3-strikes-policy.ars
>
> New Zealand has introduced a rewrite of copyright law's Section
> 92a-the infamous bit of legalese that was to bring "three-strikes"
> rules and Internet disconnections to the Kiwis. The new rules remove
> "guilt by accusation" and make it more difficult for rightsholders to
> fine or disconnect suspected file-swappers.
>
> The original Section 92a was scrapped back in March after widespread
> opposition. Users and ISPs were most concerned that the rules would
> apparently disconnect even huge businesses after a few employees
> downloaded illicit files. A high-profile judge raised concerns that
> the procedure could run afoul of contract law in New Zealand. ISPs
> weren't keen on disconnecting their own customers for the benefit of
> one set of industries, and they couldn't believe the law provided no
> indemnification from lawsuits; the ISP could be sued both by users
> and rightsholders if they didn't like the way it was handling the
> three-strikes program. And users wanted some form of third-party or
> judicial arbitration before any Internet disconnection.
>
> To its credit, the government pulled its proposal, took more than
> half a year to work on it, and has revised the process. Under the new
> rules, rightsholders can now notify ISPs about alleged infringement,
> and ISPs will forward those notices to subscribers (called
> notice-and-notice). After three such letters, rightsholders can
> choose to go to a special Copyright Tribunal to seek a fine or go to
> court to seek a disconnection of up to six months.
>
> The plan removes ISPs from the role of playing Internet cop, and it
> also provides for counternotices, appeals, and some sort of judicial
> oversight of sanctions. InternetNZ, which runs the .nz domain system,
> said today that it was pleased with the revisions.
>
> The law will be introduced early in 2010.
>
>
> --  
> Roger Clarke                                 http://www.rogerclarke.com/
> 			
> Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611  
> AUSTRALIA
>                    Tel: +61 2 6288 1472, and 6288 6916
> mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/
>
> Visiting Professor in the Cyberspace Law & Policy Centre      Uni of  
> NSW
> Visiting Professor in Computer Science    Australian National  
> University
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-- 
Kim Holburn
IT Network & Security Consultant
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