[AusNOG] "ISPs agree to graduated warnings for pirates"

Mon Feb 23 12:04:29 EST 2015

The problem will be Comms Alliance, like any lobby group who *thinks*
they represent the entire industry/population whatever, wont like
changes by a bunch of people criticising their "hard work" who have no
affiliation with them (hey, I might be proved wrong though), as Paul has
referenced, the ACMA will hold a public comment period also, and that
would likely be a better place to address the issues as well, so keep
that copy of what you send Comms Alliance, because you'll possibly have
to drag it out and send to the ACMA's consult as well. 

Paul, Yes, thanks for the extra info. 

On 23/02/2015 09:56, Rod Veith wrote: 

> My 2 page response has been sent to the Comms Alliance. I find abhorrent the whole premise that ISPs have a role to play in copyright enforcement prior to the issuing of court orders! 
> 
> Willing to share and hope to swap responses off list. 
> 
> Summary of response: Totally against the scheme. 
> 
> Rod 
> 
> FROM: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] ON BEHALF OF Rod Veith
> SENT: Monday, 23 February 2015 8:50 AM
> TO: 'Paul Brooks'; ausnog at lists.ausnog.net
> SUBJECT: Re: [AusNOG] "ISPs agree to graduated warnings for pirates" 
> 
> Thank you for the links. 
> 
> We are preparing our reply and will send it to the alliance. 
> 
> Our ISP business has not been approached about this scheme either before or after this draft was produced by the Communications Alliance. 
> 
> Rod 
> 
> FROM: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] ON BEHALF OF Paul Brooks
> SENT: Monday, 23 February 2015 8:14 AM
> TO: ausnog at lists.ausnog.net
> SUBJECT: Re: [AusNOG] "ISPs agree to graduated warnings for pirates" 
> 
> Noel - assume there isn't anyone from CommsAlliance here to address the concerns - reps from the comms industry on this working group were Baker and McKenzie, Telstra, Optus, M2, iiNet, IPStar, Verizon and VHA.
> Many of these concerns were probably raised during the working committee meetings that brought this about - but many of them would have been howled down by the content industry.
> The group that put this together had a deadline to put out a draft code that both sides could at least live with - if they don't meet the deadline with a draft that the service providers AND the content industry can live with, then the Government was going to 'create' one themselves and impose it whether you liked it or not - and most people figured that would be worse. They still might.
> 
> I agree, these are all really good comments. Now everyone needs to get them in to Comms Alliance before the end of the public coment period. Commenting in here is like a discussion at the urinal in the pub - satisfying, but doesn't get the vibe in to the people that are making the decisions.
> 
> This thing is now in a legislated process, in accordance with the Telco Act:
> * 1 month public comment period to Comms Alliance
> * Comms Alliance committee consider all the public comments and make changes as determined by the working committee
> * if the changes agreed by the committee are big enough there might need to be another public comment period - or they might just reach out to people the comment to run them through the changes
> * Comms Alliance presents the draft code to ACMA
> * ACMA open up a 2 month (might be 1 month) public comment period
> * ACMA consider comments and suggestions made to ACMA
> * ACMA make it a mandatory code applicable to every carriage service provider
> 
> Even if its 'I don't agree with this, and I'm not a member of Comms Alliance, and Comms Alliance shouldn't be claiming to represent the industry when it only represents its members and didn't ask AusNOG', write your comment in to Comms Alliance.
> Even better, suggest specific changes to words and processes. These are required to be addressed by the committee, to a level that a comment like 'this is screwed up I don't agree' won't be.
> 
> So please please please - everyone, on behalf of your service provider of employment, or as an interested individual, follow the public comment instructions at http://www.commsalliance.com.au/Documents/public-comment [5] and let the Committee know what changes you would like to see in and out of this draft code: 
> 
> WANT TO SUBMIT A COMMENT ON A DRAFT DOCUMENT?
> 
> You can use the Submit Comments form [6] to submit your comments via email or go to the Contact Us [7] webpage to obtain other contact methods such as by post or fax. 
> 
> All submissions received will be made publically available on the Communications Alliance website unless the submitter requests otherwise. 
> 
>> COPYRIGHT NOTICE SCHEME INDUSTRY CODE
>> 
>> DR C653:2015 (709 KB) [1] 
>> 
>> The Copyright Notice Scheme Industry Code creates a Copyright Notice Scheme through which residential fixed internet users who are alleged to have infringed copyright online will receive an escalating series of infringement notices designed to change their behaviour and steer them toward lawful sources of content. The Scheme has a strong emphasis on public education and does not contain explicit sanctions against internet users, but does provide for a 'facilitated preliminary discovery' process through which ISPs can assist Rights Holders who may decide to take legal action against persistent infringers. 
>> 
>> Information on the Working Committee which revised the Code, including the Terms of Reference can be found here. [2] 
>> 
>> PUBLIC COMMENT PERIOD CLOSES AT 5.00 P.M. ON (AEDT [3]) 23 MARCH 2015. 
>> 
>> Please note that all submissions received will be made publically available on the Communications Alliance website unless the submitter requests otherwise. 
>> 
>> -------------------------
> 
> Even if you just cut'n'paste the comments made in here in the past day.
> 
> All comments are required to be considered by the committee, and the more people that provide comments, the more they know the level of feeling behind it.
> 
> Paul.
> 
> On 22/02/2015 2:20 PM, Noel Butler wrote: 
> 
> Absolutely agree, their intention might be well meaning, but there is too many holes in it, perhaps someone from comms alliance here would like to address these concerns? 
> 
> On 22/02/2015 12:37, Damien Gardner Jnr wrote: 
> 
> It did seem a little one-sided there. It's all well and fine to say the process on the Rights Holder side must be certified, but there was no documented recourse if it should be found that the Rights Holder was telling furfies. For example, AFAIAC, should the Rights Holder be found to be making false allegations, the ISP should have the right to blacklist them and never deal with them again. 
> 
> Seems like the Account Holder needs some recourse BEFORE the Final Notice, also. For example, if the Account Holder is a household with 4 teenagers, AND lots of visiting friends, well, they have no way to tell who may have done it, so there needs to be a way to come back to the ISP and say 'Sorry, this was NOT me, nor was it someone I can identify, so please cancel this notice'. 
> 
> I don't like the requirement for the ISP to send out the Final Notices via registered post, without there being some way to recoup that cost. Automated emails are all well and fine. But once you have to have someone print, fold, and stuff a letter, walk to the post office, get a tracking number, and then come back and enter that number into a system, that notice just cost you $30 to send. And then later when someone needs to audit that process because there was a failure in the system (The accounts junior that walked to the post office mixed up two of the tracking numbers), that notice then just cost you another $200+ in developer time. 
> 
> Seems to be putting a LOT of cost and administrative overhead on the ISP's, for NO benefit to ISP's or the community. All the benefit is on the Rights Holders. Perhaps a $10-20 per processed infringement notice incoming from the Rights Holders would be a good cost offset for the effort involved? 
> 
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Links:
------
[1]
http://www.commsalliance.com.au/__data/assets/pdf_file/0005/47570/DR-C653-2015.pdf
[2]
http://www.commsalliance.com.au/Activities/committees-and-groups/wc66
[3] http://australia.gov.au/about-australia/our-country/time
[4] http://lists.ausnog.net/mailman/listinfo/ausnog
[5] http://www.commsalliance.com.au/Documents/public-comment
[6]
http://www.commsalliance.com.au/Documents/public-comment/submit-comments
[7] http://www.commsalliance.com.au/contact_us
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