Media Release
30 January 2003
EFA outraged over possible ISP liability changes
Electronic Frontiers Australia expressed outrage today over media reports suggesting that the United States of America may pressure the Australian government to remove recently-enacted legislative protection for Internet Service Providers.
The reports indicate that the US consider the matter of Internet Service Providers being held liable for the material carried via their services is "on the table" for discussion as part of a free trade agreement "harmonising" "key legislation on commerce" between Australia and the United States.
The United States Digital Millennium Copyright Act ("DMCA") provides (in part) that Internet Service Providers can be held legally liable for content carried via their services unless they act to remove or block access to the content upon receipt of a complaint, which can be issued by any person or company that claims the content violates their intellectual property rights.
"In the four years since the DMCA became law in the United States, it has become a tool of censorship and harassment in the hands of big business," said Electronic Frontiers Australia board member Dale Clapperton. "By making Internet Service Providers legally liable unless they comply with demands to remove material from their networks, it encourages a 'delete first, ask questions later' policy, which can sometimes see entire web sites deleted on the basis of frivolous, vexatious or unjustified complaints," he said.
One recently reported abuse of this law involved major US chain stores including Wal-Mart, Target, and Kmart using complaints under the DMCA to have merchandise pricing for their Thanksgiving sales removed from an Internet site.
"Internet Service Providers are not experts in copyright law, and should not be required to make judgements on the merits of a claim of copyright infringement, especially where inaction could mean a lawsuit against the ISP itself," Clapperton continued.
"There exists ample recourse under existing Australian copyright law for intellectual property holders to prevent the publication of material which they claim violates their rights. The proper venue for these types of complaints is a court of law, and the proper remedy is an injunction against publication of the content."
"There is simply no justification for a 'ten-minute takedown' such as the DMCA provides. It only encourages frivolous, vexatious and specious claims of copyright infringement," Clapperton concluded.
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Below is:
- Background information
- Contact details for media
Background:
Original media article:
US tightens net copyright, Australian IT, 28 Jan 2003
http://australianit.news.com.au/articles/0,7204,5896759%5E15306%5E%5Enbv%5E,00.html
About EFA:
Electronic Frontiers Australia Inc. ("EFA") is a non-profit national organisation representing Internet users concerned with on-line rights and freedoms. EFA was established in 1994, is independent of government and commerce, and is funded by membership subscriptions and donations from individuals and organisations with an altruistic interest in promoting online civil liberties.
Media Contact:
Mr Dale Clapperton
EFA Treasurer
Phone: 0416 007 100
Email: dale at blackbird.net.au
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Electronic Frontiers Australia Inc -- http://www.efa.org.au/
representing Internet users concerned with on-line freedoms
URL of this release: http://www.efa.org.au/Publish/PR030130.html
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