[Ecommerce] First Round Australia-US FTAin March: US wants Australia to tighten "net copyright"

[Manon Anne Ress]

http://news.com.au/common/story_page/0,4057,5896759%5E15319,00.html

US tightens net copyright
Simon Hayes
January 28, 2003

UNITED States trade negotiators are pushing for Australia to sign up to 
a tough new copyright regime that could hold internet service providers 
liable for breaches.

The first round of talks in an Australia-US Free Trade Agreement will 
commence in Australia in March, and the internet industry is flagging 
that ISP liability for copyright material is "on the table" as far as 
the US side is concerned.

US Trade Representative Robert Zoellick has raised the issue in a letter 
to Congress ahead of the talks.

A free trade agreement would probably involve the two nations 
"harmonising" key legislation on commerce. This could include bringing 
the Australian Copyright Act into line with US law.

Australia's law differs substantially from the US Digital Millennium 
Copyright Act, which holds ISPs liable for the transmission of copyright 
material unless they sign up to a content management agreement that 
requires them to remove material judged to be in breach of copyright law.

"The US would like to influence our legislation in a way similar to 
theirs," Department of Foreign Affairs and Trade regional and free trade 
agreement section director John Richardson said.

The US was also likely to seek stronger protection against software 
piracy, he said. "In copyright they believe we don't have strong enough 
criminal penalties, as opposed to civil penalties."

Australian ISPs have said heavy lobbying from the entertainment industry 
is behind the US stance.

"The US side is heavily influenced by music and motion picture industry 
interests, which in the US have been very aggressive in the way they 
have pursued ISPs," Internet Industry Association chief executive Peter 
Coroneos said.

"The US has definitely put ISP liability on the agenda, and we're 
developing a position on that."

The controversial DMCA was passed by Congress in 1998, and has been 
widely attacked for not providing enough protection to users.

While 1998 amendments to Australia's Copyright Act protect ISPs from 
legal action when they act as conduits for copyright material, the US 
law provides that so-called "safe harbour" only when they sign up for a 
regime of takedown notices.

Like Australia's internet censorship regime, the US takedown system 
requires ISPs to deliver notices to alleged violators and to block 
access to copyright material.

Copyright owners may also ask for the identity of the subscriber, but 
many ISPs have fought such orders.

Just last week, the US District Court ordered ISP and telco Verizon to 
give up the name of a subscriber alleged to have downloaded 600 songs 
via Kazaa in a single day.

Mr Coroneos said the Department of Foreign Affairs and Trade had 
approached the IIA for input on the copyright issue.

Unlike many other interests - including the Australian Wheat Board, 
which is opposing US attempts to dismantle the single desk system for 
exports - the internet industry could join the agreement quickly.

The IIA has been working on a code of practice with the Australian 
Recording Industry Associations for some months.

The Australian



-- 
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176