Submission about Digital Enforcement Provisions in ACTA
The Ministry of Economic Development asked for submissions about the Digital Enforcement Provisions in the ACTA treaty.
While we object to New Zealand's participation in the treaty, we still thought it was worthwhile to respond. The full text follows (headings correspond to those in the request for submissions), but the 8 recommendations we made are:
- The ACTA treaty should note that ISPs are not liable for the actions of their users.
- That ACTA includes a "notice and counter-notice" regime where complainants can pay ISPs to deliver a notice to the account holder for an IP address at a particular time, and the ISP can pass responses back to the complainant.
- That ACTA specifies that complainants should be able to obtain the identity of a user from the ISP only after a court order has been obtained.
- That ACTA makes no attempt to encourage mutually supportive relationships between ISPs and rights holders.
- That ACTA should recognise that anti-TPM measures have a useful and lawful purpose.
- That ACTA should insist that participating countries allow consumer rights-holders the right to create, buy and use anti-TPM software and devices if these are used for lawful purposes.
- That ACTA should forbid the use of TPMs that limit the reasonable and customary rights of people to enjoy the use of the rights that they have purchased or otherwise legally obtained, unless the supplier also undertakes to provide unprotected versions when required.
- That ACTA should not include enforcement measures concerning the removal or modification of copyright management information.
Five New Things About ACTA
With the leak of the full text of ACTA, complete with every nuance of positions by the various countries involved, we have the first full and complete picture of what our government is up to.
Here's five things we learnt from reading the treaty.
ACTA – The NZ Official Information Requests
We've written about the unhealthy secrecy around the ACTA treaty negotiations. As New Zealanders we believe we have a right to know what our government is doing on our behalf.
We wrote to the Ministry of Economic Development and the Ministry of Foreign Affairs and Trade to ask them some questions about ACTA under the Official Information Act. We just got our answers back (scanned PDFs of the MED letter - 3MB, MFAT letter - 3MB, and cabinet paper - 6MB) and we have to admit that we weren't very surprised to see more excuses not to release official information than we saw information.
Department of Internal Affairs failing on open government
Last week we announced that the New Zealand internet filter had "gone live" and was now being used to filter the connections for users of two ISPs (Watchdog and Maxnet), with more expected to follow.
The obvious question has to be, why was Tech Liberty announcing something that the Department of Internal Affairs had done? Where was their announcement that the filter had gone live on the 1st of February? Don't civil servants have a duty to communicate to the people that they serve?
Guest article: Security risks of centralised filtering
We'd like to welcome our first guest author, Gerard Creamer. He's written an article that explains some of the security risks inherent in implementing a centralised filtering system. It's a little more technical than most of the articles we publish; we hope you find it interesting.
Media release: NZ government now filtering internet
The Department of Internal Affairs has admitted that the internet filter is now operational and is already being used by ISPs Maxnet and Watchdog. It appears that Maxnet have not told their customers that they are diverting some of their internet traffic to the government system to be filtered.
Thomas Beagle, spokesperson for Tech Liberty, "We're very disappointed that the filter is now running, it's a sad day for the New Zealand internet."
New Zealand’s government internet filter is already running
One of the big questions about the implementation of internet filtering in New Zealand has been ... when? We've made a number of Official Information Act requests to the Department of Internal Affairs and the answer has always been "in the next couple of months".
In a letter written on January the 20th, the DIA told us that they will be making an announcement regarding the implementation of the filter "in the near future". Well over a month later there has been no announcement.
Why we oppose internet filtering
We are opposed to the Government implementing Internet filtering in New Zealand.
Why did Customs seize this laptop?
[This post was prompted by contact from a person who had a laptop seized. Since original publication they have asked for their comments to be removed.]
We recently asked Customs whether they were able to do this and they replied that they could under the Customs and Excise Act (1996).
Looking for information
We'd like to find out more about what Customs are doing in this area. In particular we'd like to know what they're looking for, whether they're targeting anyone in particular, and what they do with the systems and data they seize.
Please contact us if this has happened to you or anyone you know. Please include as much detail as possible. We promise to respect your anonymity.
