On the (New) New Zealand Graduated Response Law (and Why It's Unlikely to Achieve Its Aims)
Rebecca Giblin, 'On the (new) New Zealand graduated response law (and why it’s unlikely to achieve its aims)' (2012) 62(4) Telecommunications Journal of Australia 54.1-54.14
14 Pages Posted: 9 Jan 2013
Date Written: 2012
In 2011 New Zealand controversially introduced a 'three strikes' graduated response law. Under this law, the holders of Internet service accounts which are detected as having infringed copyright via P2P file sharing technologies three times within a specified time period can be ordered by the Copyright Tribunal to pay content owners up to NZ$15,000. The law also provides for Internet access to be suspended, though these provisions are currently inactive pending determination of the efficacy of the financial penalty regime. This paper explores the contours of the NZ graduated response regime – and then outlines a number of technical and practical reasons why it's unlikely to achieve its aims.
Keywords: graduated response, new zealand, three strikes, 3 strikes, copyright, infringement, intermediary liability
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