[AusNOG] Brandis to introduce site blocking legislation this week - Security - Telco/ISP - News - iTnews.com.au

[Peter Lawler]

FYI

http://www.itnews.com.au/News/401763,brandis-to-introduce-site-blocking-legislation-this-week.aspx

By Allie Coyne on Mar 17, 2015 2:49 PM

ISPs not consulted.

The federal government plans to introduce legislation this week allowing
content owners to apply for court orders to force internet service
providers to block overseas file-sharing websites.

The Copyright Amendment (Online Infringement) Bill - led by
Attorney-General George Brandis - was today cleared for introduction
into parliament by the Coalition.

According to sources, the legislation is scheduled to be introduced into
parliament either tomorrow or on Thursday in an effort to have it passed
before the end of the week.

The bill - the text of which is yet to be made public - is understood to
facilitate the blocking of overseas websites used for downloading and
uploading copyright infringing content.

John Stanton, CEO of telco industry body the Communications Alliance,
said it was "disappointing" that the industry had not been consulted on
the bill prior to its impending introduction.

The draft legislation forms part of the Government's crackdown on
copyright infringement, announced last year.

Last December the ISP industry was given four months to develop a code
for tackling online copyright infringement or risk having one forced
upon it through legislation.

The Government at the same time said it would also amend the Copyright
Act to enable rights holders to apply for a court order requiring ISPs
to block access to non-Australian websites that had been proven to
provide access to infringing content.

"The power will only apply to websites outside Australia as rights
holders are not prevented from taking direct action against websites
operated within Australia," the Government said at the time.

Brandis and Communications Minister Malcolm Turnbull at the time said
such an approach was the "least burdensome and most flexible way" to
address online copyright infringement.

They claimed rights holders had made efforts to improve content
availability and affordability in recent times, but Australians were
still downloading content without paying.

Turnbull also at the time conceded that shutting down overseas
file-sharing websites could result in a game of whack-a-mole - evident
through the reappearance of The Pirate Bay under a different domain
after the file-sharing site was pulled down in a Swedish raid.

"If you are asking me is it possible for .. The Pirate Bay to then move
to another IP address or another URL, of course that is true," Turnbull
said at the time.

"There's no silver bullet here. There's a whole range of solutions and
tools both on the side of the ISPs and on the side of the rights owners
that will materially mitigate copyright infringement."

The site-blocking scheme has been likened to online censorship by
critics including consumer advocate group Choice and Pirate Party
Australia, who argue it will create a filter that will allow the content
industry to hit consumers with disproportionate penalties.

Time running out for copyright code

ISPs and content owners have only several weeks left to reach agreement
on the most contentious element of the industry code to tackle copyright
infringement: cost.

Last month the two parties said they had come to agreement on the
foundations for the three-strikes scheme, but were still working through
who should foot the bill for its operation.

Stanton today told iTnews the parties were inching closer to resolution
on the issue.

He said the "chasm" that had existed between the two parties during
similar discussions in 2012 was now more of a "ravine" the ISP industry
was hoping it could jump over.

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