Post Tagged with: "three strikes"

Governments Respond to UN Report On Three Strikes Violating International Law

More than 40 countries and delegations have responded at the Human Rights Council to the recent United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression report that criticizes three strikes/graduated response system. The response, which includes Canada as a co-signer, underscores […]

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June 13, 2011 3 comments Must Reads

Australian Music, Software Groups Back Away From Internet Termination

The Australian Content Industry Group, which includes the music industry’s anti-piracy arm and the book, computer software and video game industries, has backed away from a call for a three strikes system leading to termination of Internet accounts. The group is still calling for “mitigation measures” but says loss of […]

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June 6, 2011 2 comments Must Reads

UN Report Says Internet Three Strikes Laws Violate International Law

The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has released an important new report that examines freedom of expression on the Internet.  The report is very critical of rules such as graduated response/three strikes, arguing that such laws may violate the International Covenant on Civil and Political Rights (Canada became a member in 1976). Moreover, the report expresses concerns with notice-and-takedown systems, noting that it is subject to abuse by both governments and private actors.

On the issue of graduated response, the report states:

he is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three strikes-law” in France and the Digital Economy Act 2010 of the United Kingdom.

Beyond the national level, the Anti-Counterfeiting Trade Agreement (ACTA) has been proposed as a multilateral agreement to establish international standards on intellectual property rights enforcement. While the provisions to disconnect individuals from Internet access for violating the treaty have been removed from the final text of December 2010, the Special Rapporteur remains watchful about the treaty’s eventual implications for intermediary liability and the right to freedom of expression.

In light of these concerns, the report argues that the Internet disconnection is a disproportionate response, violates international law and such measures should be repealed in countries that have adopted them:

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June 3, 2011 17 comments News

Facts and Figures on South Korea’s Three Strikes System

Heesob Nam provides an update on the South Korea three strikes system with 31 users having had their Internet access suspended.

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October 26, 2010 Comments are Disabled Must Reads

Publisher Association Seeks Three Strikes and You’re Out for Canada

The International Association of Scientific, Technical & Medical Publishers has written to the Canadian government to criticize Bill C-32.  In addition to criticizing virtually every new exception – including many that are far more restrictive than those found in the U.S. – it argues for a system that could lead […]

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October 1, 2010 18 comments Must Reads