[OPLIN 4cast] OPLIN 4Cast #234: No Internet in NZ libraries?

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Wed Jun 15 10:30:42 EDT 2011


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OPLIN 4Cast

OPLIN 4Cast #234: No Internet in NZ libraries?
June 15th, 2011

<http://www.oplin.org/4cast/wp-content/uploads/2011/06/NZ.png>There's an 
interesting tussle going on in New Zealand concerning public access to 
the Internet in libraries. Like a number of European countries, New 
Zealand has been trying to implement a "three-strikes" law that would 
require Internet service providers (ISPs) to cut off the Internet to 
subscribers who are caught three times illegally downloading copyrighted 
materials. New Zealand first attempted such a law in 2008, but the 
legislation would have required ISPs to kick people offline based only 
on accusations of infringement, not convictions, and public outcry then 
forced the government to rethink the law. Now it's back, but the Library 
and Information Association of New Zealand Aotearoa (LIANZA) is warning 
that the law as now written may compel libraries to disconnect their 
public Internet access. If you're thinking none of this has any relation 
to the U.S., the fourth link below brings it back home.

    * Library internet faces axe
      <http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10726286>
      (New Zealand Herald/Hamish Fletcher) "Parliament passed changes to
      the Copyright Act last month allowing copyright holders to issue
      warnings to those believed to have illegally downloaded content. A
      third suspected infringement allows the rights owner to seek a
      court order to fine offenders $15,000. Under the law, which takes
      effect in September, libraries would end up paying the fine
      because the account owner was responsible for any illegal
      downloading."
    * Submission to the Ministry of Economic Development on Copyright
      (Infringing File Sharing) Regulations 2011
      <http://www.lianza.org.nz/sites/lianza.org.nz/files/lianza_submission_regulations_discussion_document.pdf>
      [pdf] (LIANZA/Tony Millett) "This would hugely impede one of the
      major roles of libraries, which is to make information (including
      digital information) as widely and freely available as possible.
      Both the Aotearoa People's Network, set up in public libraries to
      facilitate access to information and particularly to official and
      government information, and the latest rural broadband
      initiatives, will be seriously affected unless the new policies
      enforced by these regulations recognise best efforts by libraries
      to meet the spirit of the law."
    * New Zealand libraries considering shutting off public internet
      access to avoid three strikes law
      <http://www.techdirt.com/blog/wireless/articles/20110518/01343314311/new-zealand-libraries-considering-shutting-off-public-internet-access-to-avoid-three-strikes-law.shtml>
      (Techdirt/Mike Masnick) "While various librarians insist they made
      this issue known to elected officials, the law makes no exception
      for operations like a library. That is, if three people in a
      library use the internet connection there for infringing purposes,
      the entire library may lose its internet access. Thus, in order to
      preserve internet access for those who work at the library, many
      New Zealand libraries are considering turning off internet access
      for the public."
    * American Embassy Wellington cable to U.S. Secretary of State
      <http://wikileaks.ch/cable/2009/04/09WELLINGTON88.html>, et al.,
      2009-04-03 (WikiLeaks) "Embassy will continue to stress with GNZ
      [Government of New Zealand] officials the need for a shorter
      rather than protracted timeline for the redraft and will ascertain
      the details of a notice and comment period for public submissions
      once released by GNZ. During this hiatus we've proposed holding
      DVC(s) [digital video conferences] between NZ and U.S.
      interlocutors to possibly help with drafting and as a public
      diplomacy tool to dispel public misperceptions about proper role
      of IPR [intellectual property rights] protection. U.S. agencies
      have the benefit of 10 years worth of experience in enforcing the
      U.S. Digital Millennium Copyright Act that may serve useful to New
      Zealand officials in their effort to implement section 92A."

*/LIANZA fact:/*

The Library and Information Association of New Zealand Aotearoa / Te Rau 
Herenga o Aotearoa represents 448 public, educational, commercial, 
industrial, legal, health, and government libraries in New Zealand.
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