Monday, April 19, 2010



No three strikes in ACTA?

According to Computerworld this morning, a three strikes regime leading to disconnection has been removed from the ACTA treaty. This is good news if its true, but it raises the question: why is New Zealand implementing one then? The Copyright (Infringing File Sharing) Amendment Bill currently before the House includes just such a regime, partially justified by the need to have a domestic legal regime consistent with ACTA (see the Regulatory Impact Statement [PDF], p. 7). But if ACTA isn't going to include such a regime, then that "justification" disappears.

Given that the bill doesn't do anything other than create a three strikes regime, then if Computerworld's report is true, it should be withdrawn. And if the government wants to come up with a replacement, it should ensure that it is actually proportionate to the harm done (unlike their current proposal), and that it considers the very serious human rights implications of limiting internet access in modern society (something our pre-computer-age Attorney General does not seem to understand).