Section 92A is alive again

July 14, 2009 – 6:25 pm

Earlier today, Ministry of Economic Development has released a Review Policy Proposal Document, highlighting recommended changes to the older version of the section.

It is significantly improved, according to many sources. A copyright tribunal is proposed to deal with the judicial and punishment issues, and alhtough the three strikes policy is still there, the details are quite different now. I've reduced it two three steps, for details, see the excellent analysis from the Creative Freedom Foundation.

Phase 1 - First Infringement and Cease and Desist Notice Procedure

Phase 2 - Obtain Copyright Tribunal Order to get infringer's details

Phase 3 - Copyright Tribunal decision

Creation of the copyright tribunal significantly improves the fairness of the whole process, however, I am still very disappointed that termination of Internet access remained as a punishment.

Access to Internet, in my opinion, is a fundamental human right in this digital age, people who lacks the full and free Internet access will be significantly disadvantaged in the society.Internet access should be regarded as part of the freedom of communication, which is a concept in many written constitutions.

Such termination is not in the spirit of a free, democratic society - This is why we are so against Internet censorship, especially the Great Firewall. The termination is even worse than that, which the citizens' right to communicate is not just being impeded, but denied in full.

The document is open for consultation, submissions are open until 5pm Friday 7 August.