Unworried by internet law

The Dunedin City Council is confident it will not face fines if people use its free Octagon wireless internet (Wi-Fi) service to break copyright laws.

The Copyright (Infringing File Sharing) Amendment Act 2011 came into force yesterday, meaning internet account holders, and not necessarily the person engaged in illegal downloading, could face warning notices and a $15,000 fine for breaking the law.

However, council staff said that did not mean the council would be responsible for any illegal activity by individuals using the Dunedin network.

The council contracted a private Dunedin operator, Unifone, to provide the service, and the company, not the council, became an internet protocol address provider under the new law.

A Ministry of Economic Development spokeswoman confirmed that meant the council would not be liable for any breaches, but there was "potentially" a risk the company could be as the account holder.

Council Octagon Free Wi-Fi project manager Jason Doidge said the council and Unifone had sought advice on their legal position under the amended rules, and put "best efforts" into blocking illegal downloads.

That included a firewall that allowed web browsing, email, instant messaging and Skype, but prevented peer-to-peer file sharing, he said.

Efforts to disguise peer-to-peer file sharing to hide illegal downloads were also blocked, he said.

All sessions were also monitored and devices found to be involved in illegal downloads could be blocked, although that had not yet happened despite "tens of thousands" of user sessions, he said.

Unifone network manager Travis Baird said his company might receive infringement notices generated by users of the Octagon Wi-Fi, but the way the new legislation was applied still needed time to become clear.

"We have got to do our best and we have always done that with the Octagon [Wi-Fi]. We've always had that locked down pretty tight.

"It's only as safe as putting a padlock on your garage. It only keeps the honest people out really."

InternetNZ chief executive Vikram Kumar said the picture remained "a bit mixed", but he had received similar assurances from the Wellington City Council, which launched a new central city free Wi-Fi network also through a private partner yesterday.

- chris.morris@odt.co.nz

 

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