New Zealand Internet Blackout
UPDATE 23/2/09: It isn’t over yet, but today the Prime Minister, John Key, announced a delay to the implementation of section 92a until March 27th. The idea is that stakeholders now try and develop a mutually acceptable code of practice. The PM has also said that if a solution could not be found then it would be suspended. It ain’t over, but that’s a good start and thanks in large part to the hard work done by the Creative Freedom Foundation. Well done those guys.
UPDATE…thought I ought to be a little more specific about this Internet Blackout business and make it clear that the issue at hand is absolutely not about Copyright itself.
I totally wish more rights owners would consider the creative commons, but I absolutely respect copyrights holders right to protect their IP. I also wish content publishers would get savvier about distribution, but this isn’t about that either. This is about the poorly considered and draconian provisions included in the Copyright Amendment Act coming into effect on Febuary 28th.
Specifically, Section 92a of the Copyright Amendment Act assumes Guilt Upon Accusation and forces the termination of internet connections and websites without evidence, without a fair trial, and without punishment for any false accusations of copyright infringement. It gives an unprecedented amount of power to ISPs (in a very wide definition) to close down websites and terminate internet connections just because an accusation is made. Indeed it essentially forces ISPs to take such action lest they be implicated in any case subsequently. The New Zealand Consumer institute noted the following…
The onus is then on the customer to prove their case and get their website access reinstated. We believe this responsibility is open to malicious abuse by parties who wish to close-down websites or disrupt in some way another person’s business or enjoyment of the use of the internet.
When the law forces an assumption of guilt that is a bad thing…our legal system is based on a presumption of innocence until guilt is proven and S92a is a poorly considered amendment which will have far reaching consequences.
The Internet Blackout is about speaking out against injustices like Guilt Upon Accusation being done in the name of artists and protecting creativity.