Category Archives: article

Original articles by Tech Liberty

article, suppression

Government to turn ISPs into censors

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The Government is to tighten up the rules around court-ordered name suppression. The proposed changes are in response to the Law Commission’s report recommending that the rules around suppression need to be clarified and that suppression should be harder to get.

Of concern to Tech Liberty is the following from the Cabinet Paper (PDF):

that it be an offence where an onshore internet service provider or content host becomes aware that they are hosting information that they know is in breach of a suppression order, and they fail to block access or remove it as soon as is reasonable practicable;

While on the face it this does not seem completely unreasonable, the devil is in the details:

  • Defining exactly what an Internet Service Provider is turns out to be difficult – and is something that the copyright legislation has also struggled with. Does it include a library or cafe providing free internet? What about a publicly shared connection from someone’s house? How about ISPs that are only providing wholesale bandwidth to other ISPs – which is responsible?
  • What duties do ISPs have to police content hosted on their networks by their customers? What if the server is under the control of the customer and the ISP is only providing internet bandwidth and power?
  • How will ISPs and content hosts be able to tell whether material is in breach of a suppression order or not? What if the material is only hinting at the identity – does the ISP have to decide whether it’s enough to qualify as a breach and take it down?
  • What does “block access or remove it” mean in practice? If ISPs have no admin access to the server hosting the website (as is common when they host other company’s servers), will they be forced to take down entire websites or multi-site web-servers to remove a comment posted on a blog?

ISPs as judge/jury/executioner

We fear that this new law will be a repeat of the debacle around changes to the copyright act – trying to force ISPs into having to make complex legal decisions simply because no one else can do it.

It was wrong to make ISPs judge and punish people for breaches of copyright, it’s equally wrong to make them judge and punish people for breaches of suppression orders.

Future of suppression

Ultimately, the law changes may be largely pointless once the ease of publishing information on the internet anywhere in the world is taken into account.

We look forward to seeing the final text of the bill and expect that we will be making a submission.

See also Rick Shera’s blog post.

article, privacy

Changes to availability of car rego info delayed

The New Zealand Transport Agency has announced that the changes to public access to the Motor Vehicle Register have been delayed until April 1, 2011.

Current law

Currently, the names and addresses held on the Motor Vehicle Register are publicly available to any person who provides the registration plate number of the vehicle and pays the prescribed fee. It is possible to request a confidential listing.

This means that anyone who knows the registration number of your car can find out where you live.
Continue reading Changes to availability of car rego info delayed →

ACTA, article

ACTA: Improving but problems remain

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The ACTA treaty negotiation process is still going strong. The participants apparently feel pressured to finalise the agreement before the end of the year and have agreed to an extra negotiating round in Washington next week to help hurry things up.

The most recent leaked text shows that progress is being made on the details while some major disagreements (mainly around the scope of the agreement – should an anti-counterfeiting agreement also include patents and geographic indications) are yet to be resolved.

In our last summary article about ACTA we raised five issues where we thought that the treaty was a threat to justice and civil liberties.

Here we revisit them and find significant improvement in three of those issues and minor improvements in the other two.
Continue reading ACTA: Improving but problems remain →

article, copyright

Sky’s Takedown Notices – Justice or Intimidation?

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It’s a pretty scary thing to receive a legal letter from the law firm of a large corporate, especially when they claim that you’re in breach of their rights and then make a series of demands. Going to court is very expensive and even if you’re in the right, do you have enough money to be a test case? If you lose you might end up not only having to pay your own costs but those of the company who sued you. The threat of legal action is pretty intimidating for most people.

Sky TV is currently sending such letters to a number of people (see an example here). These are their own paying customers, who just want to watch Sky TV on their home-made entertainment systems. So why is Sky doing it? Before we can answer that question we’ll have to explain a little bit about electronic program guides.
Continue reading Sky’s Takedown Notices – Justice or Intimidation? →

ACTA, article

ACTA: Say hello to statutory damages

Update: After further analysis and discussion with NZ officials we believe that the current draft of the ACTA agreement would allow New Zealand to maintain its current damages scheme as represented by the (c) option in the agreement (additional punitive damages are decided by the judge). This means that New Zealand would not have to adopt a statutory damages regime to comply with ACTA.

Original article follows:

There’s a new ACTA draft leak out, thanks to La Quardature. And does it contain a shocker when comparing the new and last leaked texts.

Continue reading ACTA: Say hello to statutory damages →

ACTA, article

ACTA: Bad for Civil Liberties

We’ve been writing about the ACTA (Anti Counterfeiting Trade Agreement) treaty for a while. We believe that copyright law and enforcement will need to change but also believe that everyone should participate in creating new laws, not just big business and their proxies. As such, we strongly objected to the secrecy around the negotiations and called for New Zealand to withdraw. We also made a submission to the Ministry of Economic Development about the digital enforcement provisions section.

The secrecy around ACTA caused problems for critics because, while much of the contents had been leaked, it was difficult to analyse the draft treaty without solid information. This all changed after the last meeting in Wellington, where global public pressure forced them to release the current draft (pdf) of the treaty.

Now we have the text to look at, were our fears justified? In this article we concentrate on some of the ways that the draft ACTA treaty encroaches on our civil liberties.
Continue reading ACTA: Bad for Civil Liberties →