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

[Paul Brooks]

+1 Mark.

Having been on the inside of the code development process enough times (but not this
one) - the *biggest* spanner to the whole process would be for the Comms Alliance
committee to receive a hundred submissions pointing out flaws, inconsistencies,
suggestions for changes, suggestions for additions, changes to thresholds, all with
reasons why the changes should be made, why the proposed measure is disproportionate,
and the implications if they are not changed or included.
Each one has to be raised, debated and considered for altered drafting.
Each one provides an evidence trail that the draft Code does *not* represent the
consensus of the industry, for the inevitable review later.
Even better if the same points are raised by multiple comment submissions.
And come April 8, the committee can genuinely tell the Government 'we couldn't meet
the deadline because we're still working through the deluge of submissions from the
public comment period'.
*If* they get the deluge of comments and submissions - from the AusNOG (and
non-AusNOG) community.



On 23/02/2015 12:22 PM, Mark Newton wrote:
>
> On Feb 23, 2015, at 8:13 AM, Paul Brooks <pbrooks-ausnog at layer10.com.au
> <mailto:pbrooks-ausnog at layer10.com.au>> wrote:
>
>> 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.
>
> Nope, that’d be much better. 
>
> Make the government take some gooddamn responsibility for the inevitable public
> backlash. Make it their mess, beginning to end, enacted in a democratic forum where
> voters can make submissions and have a say, and the whole process can get watered
> down in the Senate. Make it so that when ISPs screw-over customers, customers are in
> no doubt whatsoever that they’re being screwed over due to government policy, and
> they can scream blue murder at their MPs and get the law changed.
>
> By agreeing to turn it into an industry issue, Comms Alliance has given the
> government plausible deniability, and usurped the democratic process by turning it
> into a cosy negotiated arrangement behind closed doors, where the content owners get
> what they want, and the service providers get them to agree to be nice, and we the
> public get literally no say in it whatsoever.  And when service providers screw over
> customers, customers will quite rightly direct their ire at their ISPs.
>
> Best possible outcome for the Government and the rightsholders: Free kicks for
> everybody! ISP industry rolls over /again/, and will subsequently wonder why they
> never have any political influence over anything, and keep getting treated with
> contemptuous disregard by both sides of politics because they are literally the
> easiest industry in the entire economy to house-train.
>
>   - mark
>
>

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