Government may consider “three strikes” policy for internet pirates

The Federal Government is considering introducing new ways to crack down on net pirates, including the possible introduction of a “three strikes” policy that would see individuals have their internet connections severed after three warnings for illegal downloads.

But the Government has admitted there are disadvantages to the policy, which would give ISPs the added responsibility of tracking, identifying and then disconnecting users who repeatedly download files via illegal methods.

Communications minister Stephen Conroy said in the Government’s Digital Economy report earlier this week that it is looking to reduce illegal file sharing, including the implementation of a three strikes system along with other solutions.

“The Government recognises a public policy interest in the resolution of this issue,” the report said.

But it said in the report that disadvantages to the three strike system included “the lack of judicial oversight of administering sanctions based on private allegations, the lack of public transparency about the process and concern over consumer rights”.

A spokesperson for Conroy said the Government is awaiting the outcome of a copyright trial between the entertainment industry and ISP iiNet before deciding whether legislative changes are required.

The company is being sued by the film and television industry for allegedly allowing users of its internet services to download illegal files. iiNet is fighting the allegations.

iiNet managing director Michael Malone says a three strikes policy is not the answer for solving piracy, and said the Government is right to point out its downfalls.

“As noted in the report, we have major concerns about how such a scheme would work. There needs to be some sort of third party review, preferably judicial. ISPs cannot become the judge, jury and executioner, based on allegations from a third party.”

“There is no evidence that three strikes does anything to reduce piracy.”

Malone supports the solution practiced in Sweden, where copyright holders can go to court for an order requiring an internet provider to release specific customer information.

“The rights holder can then contact the pirate direct, with a warning or even a threat of litigation. That’s the same process that every other agency must follow today in Australia. It also ensures that consumers are protected, by requiring the accuser’s evidence to be scrutinised by the magistrate.”

Steve Fawkner, chief executive of gaming development studio Infinite Interactive, says his company has been hit by piracy but doesn’t think a three strikes system is the answer.

Instead, he says entertainment industries will have to work hard on how to innovate and offer content that people want to buy instead of steal.

“I have doubts that any system like that would work. I think piracy is not the responsibility of governments or ISPs to police. It should be our responsibility. We need to entice people to buy, and give people some features that can only be accessed if they go online.”

“I think we’re starting to see this work, when you look at something like the way X-Box Live Arcade works, which allows people to download and play games, which you cannot pirate. I’m sure there’s a solution, and to me, the industry needs to create the right one.”