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posted by janrinok on Sunday March 29 2015, @02:14AM   Printer-friendly
from the not-so-free-world dept.

Two items of news from Australia which mirror similar stories from other countries in the West.

Australian legislation to counter piracy finally released

Kept under wraps until this morning [Mar 26], the site-blocking elements of the Copyright Amendment (Online Infringement) Bill 2015 are likely to please rights holders with their significant reach. The bill, which is set to cost telcos about $130,000 a year, contains no cap on the number of websites rights holders can request a judge to block in a single injunction.

Critics of the regime are likely to argue that having no cap on the scheme could result in what happened in India, where a number of legitimate websites were blocked, including Google services, when a judge agreed to block some 472 websites. An updated judgement fixed the error. But it appears consumers and rights groups won't be able to apply to a court to revoke blocks, as they are not listed as one of the types of parties that can do this.

The competition watchdog, the ACCC, and the communications regulator, the ACMA, are the only people envisaged by the government to be able to apply to revoke a block other than the people behind a blocked site, an internet service provider asked to block it, or a rights holder.

Mandatory Data Retention Becomes Law in Australia

The Australian Parliament has passed a series of amendments to the country's Telecommunications Interception and Access Act 1979, requiring "telecommunications service providers to retain for two years telecommunications data (not content) prescribed by regulations". The Coalition government and Labor party joined forces to pass the laws, ignoring a number of last-minute amendments from the Greens and other senators.

The Register reports that Attorney-General George Brandis continues to misrepresent the data retention requirement:

Brandis told ABC Radio's AM program this morning that “nothing is different to the way it has been for the last 20 years or so”. Yet Telstra recently told a Parliamentary Committee that it doesn't record IP addresses or missed call records for users of its mobile networks. So Telstra is clearly being asked to do something new.

The AM interview we've linked to above is worth a listen because Brandis, six months into the metadata debate, still can't speak with authority on the subject. He jitters and struggles to articulate his position. At times he makes little sense, such as when asked why we need metadata retention when there are so many alternative communications media for ne'er-do-wells to use. His response is that criminals always break the law and will continue to do so despite the new legislation.

Left unsettled is the cost of metadata retention to ISPs, which recently led them to write an open letter to George Brandis. One report suggests a cost of AU$3.98 per subscriber per year.

 
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  • (Score: 4, Informative) by takyon on Sunday March 29 2015, @02:23AM

    by takyon (881) <{takyon} {at} {soylentnews.org}> on Sunday March 29 2015, @02:23AM (#163691) Journal

    Since these stories were combined, here's some talk about how data retention may or may not be used for civil infringement cases:

    Illegal downloaders could be targeted by new data retention laws [afr.com]

    However, in what is likely to be a controversial remark, AFP commissioner Andrew Colvin responded to a question about the application of the powers, suggesting they would also be used to target Australians consuming pirated content online. “Illegal downloads, piracy, cyber-crimes, cyber-security, all these matters – our ability to investigate them is absolutely pinned to our ability to retrieve and use metadata," Mr Colvin said. Mr Turnbull then observed that most illegal content was consumed through torrents, which would not be tracked by the proposed legislation.

    Oz gov lets slip: telco metadata might be available to civil courts [theregister.co.uk]
    'Pirate block' proposal back on Oz agenda [theregister.co.uk]

    Metadata laws may close piracy loopholes [smh.com.au]

    The parliamentary joint committee recommends that parties to civil court cases be prevented from obtaining your metadata; Recommendation 23: The Committee recommends that the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 be amended to prohibit civil litigants from being able to access telecommunications data that is held by a service provider solely for the purpose of complying with the mandatory data retention regime. It's unclear whether this recommendation will be amongst the list of amendments put forward by Labor. Without this change, the use of metadata in civil proceedings would likely be at the attorney-general of the day's discretion. The pleas of the powerful copyright lobby are unlikely to fall on deaf ears. Even if it this recommendation is heeded in the amendments, the phrase "soley for the purpose" creates a signifiicant potential loophole for copyright holders. They can argue that the metadata they seek isn't solely kept as part of the mandatory retention scheme, it's also retained to support the piracy code. That makes two purposes, so the restriction doesn't apply and it's open season on piracy metadata... Copyright holders such as the backers of the Dallas Buyers Club case are already complaining that the piracy code is too narrow for their liking. That won't be a problem if they can rely on the Attorney-General to let them trawl through your metadata and use it against you in any civil trial.

    As you can see, the messaging is clearly mixed (pun++).

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  • (Score: 3, Disagree) by Jeremiah Cornelius on Sunday March 29 2015, @05:07PM

    by Jeremiah Cornelius (2785) on Sunday March 29 2015, @05:07PM (#163869) Journal

    Everything makes sense, when you continually recollect that Australia was originally instituted and run as a crown penal-colony.

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