[AusNOG] So are iiNet condoning illegal piracy?

Geordie Guy elomis at gmail.com
Thu Jun 12 09:21:08 EST 2014


There are safe harbour provisions in Australia but they indemnify ISPs from
customer criminal behavior e.g. emails arranging a bank robbery, in the
same way the post office is indemnified from letters doing the same thing.
Piracy is not criminal here and the application of safe harbours to it
isn't relevant.

G
On 12/06/2014 9:13 AM, "Paul Brooks" <pbrooks-ausnog at layer10.com.au> wrote:

>  On 11/06/2014 1:09 PM, Damian Guppy wrote:
>
> Isnt that in the safe harbor provisions of the telco act?
>
>
> What 'Safe Harbour' provisions in the Telco Act? Safe Harbour (and 'Common
> Carrier') are concepts in US legislation, not Australian legislation.
>
> IANAL - but you should consult a real one if you think there is some sort
> of blanket 'CSP not responsible for actions of customers' in Australian
> legislation, so you can keep the reference handy.
>
> P.
>
>
>  --Damian
>
>
> On Wed, Jun 11, 2014 at 10:31 AM, Paul Brooks <
> pbrooks-ausnog at layer10.com.au> wrote:
>
>>  On 11/06/2014 11:43 AM, Mike Ryan - Brass Razoo Group wrote:
>> >
>> > By opposing legislation that outlaws criminal activity (intellectual
>> property theft)
>> > are iiNet giving a tacit nod to illegal activities? ISP's and carriers
>> are not
>> > liable for the behaviour of their clients. iiNet should stick to
>> providing
>> > shareholder value and ensuring system availability.
>> > It's called "Rule of Law".
>>  Please indicate where in Australian law this 'ISP's and carriers are
>> not liable for
>> the behaviour of their clients' is described.
>> Particularly regarding ISPs.
>>
>> P.
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