[AusNOG] re Australian senate passes controversial, anti-piracy, website-blocking laws

Chad Kelly chad at cpkws.com.au
Tue Jun 23 21:56:26 EST 2015


On 6/23/2015 8:51 PM, ausnog-request at lists.ausnog.net wrote:
> However, if*you*  are the first test case, how do you plan to show to the court what
> you interpreted as reasonable, and how you tried to use reasonable means? The court
> order won't tell you what 'reasonable' might mean, or what measures might be
> considered unreasonable. The content organisation that asked for the injunction
> certainly won't tell you.
Well funnily enough, most web hosting providers hear in Australia 
prohibit the hosting of copyrighted material and will remove it from the 
servers if they find it. Or unless you can prove that you have a licence 
for it.
They have all this stuff outlined in the Terms of Service agreement when 
a user signs up.
The majority of hosting providers have the ability to Terminate accounts 
quite easily, or they can suspend accounts at a minimum.
Also Geo blocking is considered reasonable, yes I know it does not work 
that effectively, but as long as it looks like your doing something the 
courts don't have an issue. Most judges don't have a clue when it comes 
to IT.
As for the VPN argument, that is outside of the ISP and web hosting 
providers control and so it would be up to the VPN provider to give the 
courts your details.
Long story short these laws won't make a difference.



-- 
Chad Kelly
Manager
CPK Web Services
web www.cpkws.com.au
phone 03 9013 4853

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