Termination of Internet accounts is inappropriate and impractical – ISPANZ

Media Release
June 16, 2009

ISPANZ (The Internet Service Providers Association of New Zealand) has asked the Government to take termination of Internet accounts for copyright infringers off the table in its work to replace Section 92A of the Copyright Act.

ISPANZ President Jamie Baddeley says terminating Internet accounts to address copyright infringement is a fundamentally flawed approach. “It is a crude instrument with a shotgun-like approach that will not address the majority of offenses. We would expect that addressing this issue and finding an alternative solution is the first order of business.”

Baddeley says it is time for rights holders such as the music industry to embrace the online world, work with ISPs to make their product readily available and innovate their business models.

“Where are the all-you-can-eat music packages that could be supplied as an add-on to consumer broadband packages,” he says. “Certain rights holders need to stop trying to force another industry to ameliorate their problems, and deal to the realities of the new digital age.”

ISPANZ notes the multitude of submissions to Government and to the TCF Copyright Code Working Party, that explain the practical problems around forced termination of Internet accounts, including:
• Causing a requirement for an independent and significantly resourced adjudication body to judge the ‘alleged’copyright complaints and handle disputes between consumers and rightsholders. This is a complex area which is clearly not an ISP’s role.

• Excessive complexity for ISPs, for example in terms of tracking the state of customers warning notices and interpreting what repeat infringement might be.

• Significant privacy issues for customers.

ISPANZ’ regards notice-and-notice as a superior process to address the genuine concerns of rights holders. Such a regime was proposed by ISPANZ ahead of the original legislation in respect to web hosting, and has been also been successfully used in overseas jurisdictions in peer-to-peer environments.

“Notice-and-notice eliminates significant complexity, while still meeting the desire that ISPs provide assistance to another industry that is basically having problems with its business models in the new digital age. In Canada notice-and-notice has been utilised under voluntary arrangement and in Japan under regulation,” says Baddeley.

About ISPANZ

ISPANZ is a non profit, industry group that represents most Internet Service Providers operating in New Zealand. Our membership includes all the major ISPs outside those of Telecom and TelstraClear; plus a broad range of medium and small ISPs. We exist to promote a fair and fully competitive Internet marketplace where our members can deliver the full benefits of the Internet to the New Zealand public and our economy.

ENDS

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