New Zealand telcos aim for a mobile exemption in three strikes bill

New Zealand has got three strikes legislation in preparation, the Copyright (Infringing File Sharing) Amendment Bill. Three major mobile carriers, Vodafone, Telecom and 2degrees have joined forces to try and bring about an exemption for mobile networks.

The bill will require of network providers to monitor whether their clients share copyrighted works. Infringers receive a number of warnings. When they refuse to change their behaviour, their details are forwarded to the Copyright Tribunal. This Tribunal handles the cases and can fine offenders up to 15.000 NZ dollar, about 8.300 euro. Furthermore, the bill enables rights holders to file for a temporary suspension of offenders’ internet accounts via the district court.

A spokesperson for Vodafone calls the bill "using a sledgehammer to crack a walnut". He states that only 2% of file sharing happens over mobile networks and that the costs to continuously monitor this traffic is cost prohibitive.

Furthermore, mobile operators foresee problems on the enforcement side. Firstly, many people use anonymous pre paid services. So where do the warnings need to be sent? Secondly, New Zealand has a lot of virtual networks that resell use of the principal networks. The virtual networks’ customers, again, are unknown.

The Recoded Industry Association opposes this view. The fraction of mobile in file sharing may still be low, the expectation is that it will rise as popularity and capacity of mobile internet increases and with tablets like the iPad.