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Posts Tagged ‘subpoena’
Digital Rights, News - Friday, February 14, 2014 16:33 - 17 Comments
news Attorney-General George Brandis today appeared to back a scheme proposed by a coalition of most of Australia’s major ISPs which would see the issue of online copyright infringement handled through Australians being issued with warning notices after content holders provided evidence that they had breached their copyright online — and the door opened for ISPs to hand over user details to the content industry if the behaviour continued.
The scheme was proposed in November 2011 by a coalition of ISPs including Telstra, Optus, iiNet, Internode and Primus, but not TPG, Dodo or Exetel. It was developed through collaboration with
network equipment manufacturer Ericsson and industry groups the Communications Alliance and the Internet Industry Association.
At the time, the group of ISPs noted that the scheme would require ISPs to forward “education and warning notices” to customers whose broadband connections have been detected undertaking activity which “might” infringe copyright laws. Once a customer had been forwarded three warnings and one education notice, ISPs would send what is terms a “discovery notice” to the account holder, warning them that they have apparently failed to address issues set out in the previous notices and their details may be subpoenaed by the copyright holder which had filed the complaint.
The ISP will, at that time, also notify the copyright holder that the Internet user concerned had failed to address the issues of online copyright infringement. The copyright holder may then seek to apply for access to the Internet user’s details and identity through a subpoena or ‘discovery’ application directly with the ISP.
Brandis has previously avoided commenting on the Coalition’s policy regarding online copyright infringement. However, in a landmark speech given in Sydney to the Australian Digital Alliance Copyright Forum (the full text is available online), the Attorney-General addressed the issue directly. Continue…