Just released: the TCF draft policy on Section 92A
(crossposted from CreativeFreedom.org.nz)
If Section 92A comes into effect then all ISPs must follow a policy of disconnecting people before a trial based on accusations of copyright infringement. One of the largest groups of ISPs, the TCF, released their draft code of practice today asking for feedback. Here’s the press release, the homepage and the policy itself (PDF, 300KB). A lot of competing interests will be vying to affect this TCF draft, and so we should all prepare to have our say. This code of practice cannot undo the problems of Section 92A: that internet connections are terminated based on accusations of copyright infringement before a trial and before any evidence has been held up to court scrutiny, although to be fair this draft does try to manage this situation. It asks ISPs to measure “evidence that would be acceptable to a court”, but remember that “the definition of an Internet Service Provider goes much further than the traditional ISP [...] includes schools, universities, libraries, businesses, government departments and any other organisation that provides internet services.” and all of these organisations are now expected to replace a court and understand copyright law such as copyright between businesses and between the arts and free speech. The TCF should be applauded for trying to manage this appalling law, and we’re glad to see the sections on Vulnerable Customers and Essential Service Providers (page 14). Of particular interest is Section F (pages 31-33) a proposed amendment currently not in the code. This proposed ammendment seems to indicate that a single accusation may reveal your personal contact details, however more analysis is yet to come. Get reading people and post your analysis in the forum or in email to us.
