Wednesday, August 6, 2008

InternetNZ ACTA submission

I am just reading the InternetNZ newsletter The Browser and I would like to bring attention to the InternetNZ ACTA submission.

The Anti Counterfeiting Trade Agreement (ACTA) is being negotiated internationally by some nations, including New Zealand, and it affects everyone's lives in many countries, including New Zealand, Australia, the U.S, Mexico and E.U.

This is what the InternetNZ distributed to its members and I recommend you read the InternetNZ ACTA submission:


ACTA seeks to impose a raft of enforcement measures which have the potential to further erode citizens’ fair-use rights in respect of digital copyrighted material.

For instance, a global legal regime for Internet distribution of copyright protected works may be introduced.

To date, negotiations have been held behind closed doors and publicly-available information is scant, with the exception of an ACTA discussion document leaked online.

In response to a call for submissions from the Ministry of Economic Development, InternetNZ filed a submission in July that expressed a range of concerns the Society has with Internetrelated aspects understood to be under consideration.

For example, ACTA may see the introduction of procedures enabling rights holders to expeditiously obtain information from ISPs identifying alleged infringers, and could also introduce remedies against circumvention of technological protection measures.

InternetNZ Executive Director Keith Davidson questions the need for New Zealand to be discussing Internet provisions as part of ACTA.

“We already have legislation - the Copyright (New Technologies) Amendment Act 2008 - that covers off the illegal distribution of digital sound and video recordings via the Internet. The Act also deals with circumvention of technological prevention measures and with repeat digital copyright infringers.

“Further, the Act has only recently been passed, with many of its newly-amended and introduced provisions yet to take root and be fully tested,” he says.

InternetNZ believes that the proposed ACTA Internet distribution and information technology provisions, if implemented, will do little to strengthen New Zealand’s existing measures against digital copyright infringement.

The Society is also concerned that they may coincidentally further restrict what should be the legitimate use of digital content by New Zealanders.

“We strongly urge the Government to adopt a wait-and-see approach with respect to the effectiveness of New Zealand’s amended Copyright Act before committing to sweeping multilateral digital copyright enforcement measures as part of ACTA,” says Davidson.

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