Government Passing Internet 3-Strikes Law Today

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1332 posts

Uber Geek
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Reply # 472898 23-May-2011 11:58

So, what do we think should be a part of the notice sent to accused infringers?

So far, as far as information relating to the alleged infringing file, I think:

- Date and time of infringement in New Zealand time.
- Tracker(s) if any, alleged offending content was tracked by.
- Complete file/folder name of alleged infringing content.
- Hash of alleged infringing content as reported by tracker.
- IP/Hostname of alleged offender.

Giving this detail will be trivial for agents monitoring file sharing networks but will make it easy for alleged infringers to identify whether or not they have infringed copyright because they will have a good amount of information to check logs and elsewhere for proof either way.

As for the rest of the form there will need to be a clear section detailing the steps a user may take in order to challenge a notice as well as options available to them and a description of the entire possible process.

karit

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Master Geek
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Reply # 473662 24-May-2011 21:06

1080p: So, what do we think should be a part of the notice sent to accused infringers?

So far, as far as information relating to the alleged infringing file, I think:

- Date and time of infringement in New Zealand time.
- Tracker(s) if any, alleged offending content was tracked by.
- Complete file/folder name of alleged infringing content.
- Hash of alleged infringing content as reported by tracker.
- IP/Hostname of alleged offender.

Giving this detail will be trivial for agents monitoring file sharing networks but will make it easy for alleged infringers to identify whether or not they have infringed copyright because they will have a good amount of information to check logs and elsewhere for proof either way.

As for the rest of the form there will need to be a clear section detailing the steps a user may take in order to challenge a notice as well as options available to them and a description of the entire possible process.

Umm shouldn't the accuser actually show evidence of the breach? Maybe a network dump showing the file being transferred and that extracted into a file? That above info doesn't actually prove anything.

File names and directory names are not a copyright issue. It is the actual content and should be up to them to prove that the content of the files is what they say it is. Is it a crime to call a home video of your kids playing with transformers transformers.avi? That content is not copyrighted by the entertainment industry so they shouldn't be sending notices for it and it should be up to them to prove that is not the case.

A Hash from the tracker yeah and they have proof that is a real file and not a fake or a virus?

They also need to should you were actually sharing and not just being framed like some printers in the US http://dmca.cs.washington.edu/faq.html#q10

This is my draft submission. I will remind everyone that submissions close this Friday and please send something along.
http://mytwocents.karit.geek.nz/2011/05/my-draft-for-my-feedback-on-meds.html

nickd

447 posts

Ultimate Geek
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Reply # 473679 24-May-2011 21:54

karit: Umm shouldn't the accuser actually show evidence of the breach?

Remember that you're guilty until proven innocent with the law in it's current form.

karit

80 posts

Master Geek
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Reply # 473715 24-May-2011 22:23

nickd:
karit: Umm shouldn't the accuser actually show evidence of the breach?

Remember that you're guilty until proven innocent with the law in it's current form.

Yeah the whole point of the MED submission is about what the Copyright Holder provides and if enough people ask for real evidence hopefully they will put in something that kinda resembles what someone may call evidence. It is better than nothing. I do highly recommend everyone makes a submission by Friday

The MED details
http://www.med.govt.nz/templates/MultipageDocumentTOC____45923.aspx

My submission
http://mytwocents.karit.geek.nz/2011/05/my-draft-for-my-feedback-on-meds.html

nickd

447 posts

Ultimate Geek
+1 received by user: 1

Reply # 478040 5-Jun-2011 17:44

Hi All,

Just noticed this up on Wired. Seems that internet access is now a human right. Wonder what this will do to the legislation.

tdgeek

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Reply # 478046 5-Jun-2011 18:24

Yes, "A United Nations report said Friday that disconnecting people from the internet is a human rights violation and against international law."

The disconnection issue here was put back 2 years. Far easier to stick to the fines, up to $15000 is enough of a penalty.

Talkiet

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Spark NZ

Reply # 478047 5-Jun-2011 18:32

nickd: Hi All,

Just noticed this up on Wired. Seems that internet access is now a human right. Wonder what this will do to the legislation.

Wow...

Noun
1.
human right- (law) any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as freedom of thought and expression and equality before the law)
right - an abstract idea of that which is due to a person or governmental body by law or tradition or nature; "they are endowed by their Creator with certain unalienable Rights"; "Certain rights can never be granted to the government but must be kept in the hands of the people"- Eleanor Roosevelt; "a right is not something that somebody gives you; it is something that nobody can take away"
right to privacy - right to be free of unsanctioned intrusion
right to life - the right to live
right to liberty - the right to be free
right to the pursuit of happiness - the right to try to find happiness
freedom of thought - the right to hold unpopular ideas
equality before the law - the right to equal protection of the laws
civil right - right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equality
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

I guess we can now add LOLcats to that list.

Idiots.

Cheers -N

lokhor

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Reply # 478098 5-Jun-2011 21:29

What implications would that have for people in prison?

Lead Consultant @Intergen
All comments are my own opinion, and not that of my employer unless explicitly stated.

tdgeek

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Reply # 478114 5-Jun-2011 22:16

Prisoners? Well, that is obvious.

Ventura

105 posts

Master Geek
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Reply # 478126 5-Jun-2011 22:56

So..... Is there a list of the sites that they say are tracking?? Wouldn't want to visit a site unintentionally, you know like I do have the ability to block sites if I know which ones they will ping me on... :-(

gnfb

1643 posts

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Reply # 478168 6-Jun-2011 10:15

Does somone know somone in the press that can get the NZ gov to comment on the human rights issue?

Is an English Man living in New Zealand. Not a writer, an Observer he says. Graham is a seasoned 'traveler" with his sometimes arrogant, but honest opinion on life. He loves the Internet!.

gnfb on trademe travelkit.nz

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gnfb

1643 posts

Uber Geek
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Reply # 478175 6-Jun-2011 10:33

I would have thought that there are enough clever people out there that a software app could be made available to allow us to have an unlisted ip address just like my phone This would save all the problems of he said she said I t would be a service to humanity to make sure that human rights arn't violated as we all know how important that is in Australia and new Zealand and most importantly it would allow me to vote national again rather than greens.

So clever people is it possible to actually effectifly block my IP address ? somone suggetsed that using Open Dns and another program I cant remeber was "quite" effective

Is an English Man living in New Zealand. Not a writer, an Observer he says. Graham is a seasoned 'traveler" with his sometimes arrogant, but honest opinion on life. He loves the Internet!.

gnfb on trademe travelkit.nz

GNFB Geeks Out on Geekzone

Email Me

tardtasticx

Doesn't know what he doin
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Reply # 478176 6-Jun-2011 10:38

gnfb1234: Does somone know somone in the press that can get the NZ gov to comment on the human rights issue?

we could just make a letter template, get lots of people on geekzone to print it out, sign it and send it off to parliament since its free to post there im pretty sure. They'll have to reply to at least one of us.

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tdgeek

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Reply # 478177 6-Jun-2011 10:43

gnfb1234

The human rights issue relates to disconnection. What you are proposing is avoidance so when you break the law you arent caught. Maybe you can also get an app that tells you when there are no police in the area so you can burgle in safety? Your "he said, she said" argument is not relevant. If "he" didnt break the law, "she" won't be knocking on your door.

While there are many true and valid concerns over this law, I get tired of those who have issues with it invading their illegal activity.

gnfb

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Reply # 478181 6-Jun-2011 11:04

tdgeek: gnfb1234

The human rights issue relates to disconnection. What you are proposing is avoidance so when you break the law you arent caught. Maybe you can also get an app that tells you when there are no police in the area so you can burgle in safety? Your "he said, she said" argument is not relevant. If "he" didnt break the law, "she" won't be knocking on your door.

While there are many true and valid concerns over this law, I get tired of those who have issues with it invading their illegal activity.

You are making the assumption (guilty until proven Innocent) that I am breaking or intend to break the law I am trying to avoid false prosecution, from a law that says you are guilty until proven innocent
Trying to protect myself just like the doctor or the PM who both have unlisted phone numbers. Ok maybe not quite the same thing but you get the point. I dont know how its gone overseas but I imagine it will be a horendous expense for business trying to make sure that they are safe from prosecution if one of there workers accesss sites that re deemed illigal. As for th erest of us with wireless connections as far as I understand if you hack my wireless Im still respsonsible as the account holder.

Is an English Man living in New Zealand. Not a writer, an Observer he says. Graham is a seasoned 'traveler" with his sometimes arrogant, but honest opinion on life. He loves the Internet!.

gnfb on trademe travelkit.nz

GNFB Geeks Out on Geekzone

Email Me

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