Pirate Party’s ALRC Copyright Review Submission

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Pirate Party Australia made a submission to the Australian Law Reform Commission on the issues paper “Copyright and the Digital Economy”. The paper examines the relationship between copyright and changing social practices, discussing the need for adjustment of the Copyright Act 1968 to greater reflect current trends.

Joining a chorus of submissions the Party called for a more appropriate copyright framework for modern Australia. Included among the recommendations made by Pirate Party Australia were the legalisation of backup copies, quotation rights for all kinds of creative material, a technology-neutral approach to reform, and a solution for the problem of orphan works. The submission also recognised the legitimacy of non-commercial/non-market transfers of culture, information and knowledge, recommending that allowances for such cultural transfers are respected by the copyright framework.

The ALRC will make their recommendations for copyright reform before December, 2013. The Commission will release a discussion paper in 2013, with a second call for submissions. Pirate Party Australia will also be making a submission at that time.

Pirate Party Appeals National Security Legislation Freedom of Information Refusal

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Having been refused access to draft national security legislation and preparatory texts, Pirate Party Australia has appealed to the Australian Office of the Information Commissioner for a review of the decisions of the Attorney General’s Department in the hope of gaining access to the documents.[1]

“After what was a disgraceful decision by the bureaucrats at the Attorney General’s Department to suppress these documents, we have now elected to appeal to the Information Commissioner so that we might finally come to understand the position of the Attorney General’s Department, and the advice they have received thus far,” said Rodney Serkowski, speaking for Pirate Party Australia.

“Whilst we have seen improvements in Freedom of Information laws in this country, there is still vast room for improvement, with the culture of secrecy still permeating throughout the public service. Processes and information that should be publicly available, are being suppressed for political reasons and to inhibit meaningful scrutiny and participation by non-governmental organisations and civil society,” Mr Serkowski.

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Trans-Pacific Partnership Agreement Contains ACTA-Like Provisions

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Stakeholders at a briefing held by the Department of Foreign Affairs and Trade (DFAT) last Friday were told that the upcoming regional agreement, Trans-Pacific Partnership Agreement (TPP), would contain some intellectual property provisions similar to the Anti-Counterfeiting Trade Agreement (ACTA).

ACTA was rejected by the European Union earlier this year, and the Joint Standing Committee on Treaties (JSCOT) has recommended against ratification until stringent criteria are met, including a cost-benefit analysis. Pirate Party Australia made multiple submissions to JSCOT regarding ACTA[1][2].

The TPP will contain an intellectual property chapter cobbled together from various other free trade agreements and treaties, including the Australia-United States Free Trade Agreement (AUSFTA), representatives of DFAT indicated when questioned. This is in direct contradiction to a 2010 recommendation by the Productivity Commission to seek to exclude intellectual property provisions from future bilateral and regional trade agreements (BRTAs), after AUSFTA introduced a net loss to the Australian economy[3].

“It is of great concern that we may see the reintroduction of ACTA-like provisions in the Trans-Pacific Partnership Agreement, which has been resoundly binned as a poorly formed agreement, starting with the EU rejecting it and continuing with JSCOT’s scathing review,” said Brendan Molloy, Secretary of Pirate Party Australia.

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Pirate Party Recommends Full Disclosure of Internet Filtering Requests

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Pirate Party Australia raises concerns over the mandatory nature of the new Interpol Internet filtering regime, in regards to its opaque nature and the dubious use of §313 of the Telecommunications Act.

ISPs have been ordered to implement Interpol’s “worst-of-the-worst” filter that specifically targets websites that provide access to child abuse material. This order has been made under §313 of the Telecommunications Act 1997. It is unclear whether or not the use of §313 for the purposes of Internet censorship is appropriate or even legal.

“While an Internet filtering regime that focuses squarely on the Interpol blacklist is a major step back from the proposed mandatory censorship regime which would have encompassed all Refused Classification content — and even some R18+ and MA15+ content — the opaque nature and lack of control over the blacklist are still issues that raise significant concern,” said Brendan Molloy, Secretary of Pirate Party Australia.

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Pirate Party Happy with Internet Censorship Backflip

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Pirate Party Australia is happy with the Labor Government’s backflip on Internet censorship, however still raises concerns over the opaque and ineffective nature of the Interpol blacklist scheme.

“The Interpol filter, which is updated weekly, is designed to prevent access to websites that are known or appear to be distributing child abuse materials. In practice, this is a system that blocks websites at the domain name level, meaning operators of such sites can simply change their domain name, a task easily accomplished within minutes,” said David W. Campbell, President of Pirate Party Australia.

“Obviously this will just lead to a perpetual game of cat and mouse. The Australian Government must be incredibly naïve to think these criminals will be deterred by having their domain name blocked.”

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