ITWire

The controversial Section 92A of the Copyright Amendment (New Technologies Act) would require ISPs to disconnect customers on the basis of mere allegations that they had downloaded copyright material without authorisation. It was due to come into force on February 28 but at the eleventh hour, and after weeks of intense industry lobbying and public protests, prime minister, John Key, announced on February 23 that implementation of the controversial clause would be delayed until March 27 to give the industry time to develop a voluntary code (ExD 24 Feb) (The TCF had announce plans to do this back in September 2008.)

However in a submission to the TCF on the planned code. Mark Aspden, TelstraClear's general counsel, said: "having fully considered the issues and also having taken account of the widespread public concern on the topic, TelstraClear is of the view that it is inappropriate for the TCF to adopt such a code."

He added: "Given the problems inherent in the law, the feedback from customers and Internet users and the fact that the code would impact a broad range of businesses and organisations that are not associated with the TCF TelstraClear does not support the adoption of the code by the TCF."

TelstraClear is a member of the TCF working group set up to develop the code which is working to finalise the code. TelstraClear's rejection of the planned code was welcomed by InternetNZ (also a member of the working group). Executive director, Keith Davidson, said that TelstraClear's decision meant the TCF would not now be able to implement the code and he called for "a first principles review of the Copyright Act to take account of the digital age, with full public and stakeholder consultation."

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