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New Australian legislation would put copyright infringers under a "three strikes" policy. The third strike would result in ISP account termination.  (Source: Sony Pictures)
The Aussies look to follow a British proposal to force ISPs to terminate filesharers

In what could be described as a filesharer's worst nightmare and the RIAA's sweetest dream, Great Britain and now Australia are debating legislation that seeks to force internet service providers (ISPs) to drop customers whom are found to be downloading copyrighted material.

The International Federation for the Phonographic Industry (IFPI), a media watchdog and parent of the RIAA, championed the efforts.  It says that over one billion songs in Australia alone were downloaded illegally, yearly, costing the music industry an untold fortune in revenue.

The new Aussie and British legislation calls for a three strikes policy.  A first offense, which the government categorizes as accessing music, TV shows and movies illegally, would result in a warning letter from your ISP.  A second offense would result in a temporary suspension of your ISP account.  A third strike and you're out -- the ISP would terminate your account.

Australian Communications Minister Stephen Conroy said the Government was aware of the music industry's stance that ISPs should be legally forced to adopt a music industry sanctioned code of conduct.  It also is aware of the similar pending British legislation.  Conroy states, "We will also examine any UK legislation on this issue [including any three-strikes policy] with particular interest."

Music Industry Piracy Investigations general manager Sabiene Heindl put in over a year of lobbying to try to get the effort through.  She says 2.8 million Australians downloaded music illegally last year, and not enough is being done to stop them.  She argues, "Because P2P file sharing involves these music files sitting on individual people's computers, there is very little that MIPI can do to remove those files or stop them being shared.  That's why we have been pushing a proposal to internet service providers for a commonsense system of warning notices which, if unheeded, would ultimately result in a user having their account suspended or disconnected."

ISPs are unhappy with the move.  National Internet Industry Association chief executive Peter Corones plans on airing his constituents’ complaints to Mr. Conroy later this week.  Mr. Corones argues that current penalties are "stiff enough".  In Australia downloading music can land you injunctions, damages and costs, fines of up to $60,500 for individuals and up to $302,500 for corporations per infringement and up to five years' jail -- nothing to sneeze at.  Corones argues, "Internet service providers are not the enforcers of copyright."

The statement is a sharp juxtaposition to ISP policies in the U.S. and abroad.  In recent months, it has been revealed that Comcast and other ISPs indeed "police their connections" by throttling P2P traffic, a policy which may be illegal.

The new legislation will likely anger Australia's youth.  In a survey of Australians between the ages of 10 and 17, 63 percent felt there was no point paying for music and it should be freely available, mirroring the music industry's worst fears.  Unfortunately for these young people, the days of carefree downloading may soon be at an end.



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By kilkennycat on 2/19/2008 12:46:36 AM , Rating: 4
... and if there is any way that a 3rd-party detector can discover the size of a specific encrypted torrent download and raise a flag to it being a possible movie download, I fully expect the pirates/hackers to come up with mechanisms to mask the detection of large files while they are in transmission...

Disclaimer: I have never pirated any copyright material. Just a technology observer. There stupid governmental actions are taken by a bunch of people ( mostly lawyers )
that have zero knowledge when it comes to network technology.

For the moment in the UK and Australia, I predict:

Hackers/Pirate 2.......Governments/RIAA/MPAA 0.




By kilkennycat on 2/19/2008 12:48:48 AM , Rating: 2
Apologies, late night typo in header of my posting..

Encryption, not Encryotion......


By eye smite on 2/19/2008 6:11:29 AM , Rating: 5
There's a p2p i've used in the past that has encryption built into it. Filetopia is the name, it's out of mexico city if I remember right. They have their own torrent too. It's like the little boy at the dam, everytime they stick a finger in to stop the leak, more holes pop up. I'm also willing to wager that Australia's youth aren't going to quietly accept anything that restrains what they see as a freedom. Knowing a few Australians, they're much more outspoken when miffed than us Americans.


By MAIA on 2/19/2008 10:35:50 AM , Rating: 3
I'm a grown up already and theft is the price the industry ask for selling music.

Regarding breaking the law. Law is made by Man, in this case lobbied by the industry itself. I couldn't care less. Who's the poor guy anyway ? Not the industry for sure ... there goes your "justice" ...


By VashHT on 2/19/2008 12:17:27 PM , Rating: 2
I hate it when self righteous idiots act like every law ever made in existence is just and infallibly right. As the guy above me said, laws are made by men. Obviously mankind is not perfect, so over time there are bound to be imperfect (aka unjust) laws. If people accept every law as perfect and undeniably right then it can lead to absolutely terrible things.


By FITCamaro on 2/19/2008 1:56:16 PM , Rating: 2
Your point is valid. But so is his.

One can argue against almost any law but that doesn't mean it still isn't the law. The fact remains, if you break the law, you'll suffer the consequences. And regardless of your view of the law, you're still guilty. So if you're not prepared to accept those consequences, don't break the law.

The job of the government is to make and enforce laws. The job of the people is to put those in power who will make the laws.

As far as the article itself is concerned, sucks to be you Australia. Vote someone else in next time who will repeal whatever measure is passed. Luckily I don't see any legislation like this getting passed here in the states anytime soon. I'm sure it will get proposed, but I doubt it'd ever get any real backing.


By Ajax9000 on 2/19/2008 6:58:30 PM , Rating: 2
The last Federal election here was just under 3 months ago. The "business loving" ruling coalition (~republicans) were comprehensively dumped in favour of the Australian Labor Party (~democrat).

If Labor carries this forward there is stuff-all chance of the coalition repealing it -- and it is likely to be at least 5 years before the electorate will give them a chance again anyway.


By Duwelon on 2/19/2008 7:59:46 PM , Rating: 2
You don't even know how to use "self righteous" as a slanderous device properly and you're trying to educate me about laws. Like someone below you posted, people make laws. Government = people. If you don't like laws, vote in someone else who can change them. Until then, you're both a sinner and a lawbreaker no matter good about it you try to make yourself feel.


By JS on 2/19/2008 10:20:46 PM , Rating: 2
Perhaps the guy's an atheist. That rids him of 50 % of your accusations right off the bat!


By Duwelon on 2/19/2008 11:01:51 PM , Rating: 2
Did you know God doesn't believe in Atheists? God really didn't make anyone that dumb...


By JS on 2/19/2008 11:33:53 PM , Rating: 4
Beware of what ye say, lest His noodly appendage smite thee for thy blasphemy.


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