The Telecommunications Carriers Forum (TCF), representing telcos and the  largest ISPs, maintains it still hates the upcoming copyright law change. But nevertheless it’s issued a draft code of practice – required for ISPs under the law – which addresses the three-allegations-and-you're-out myth.

TCF chief executive Ralph Chivers (left) tells NBR a key message of the ISP draft code is that a business will not see its internet connection arbitrarily cut because of the actions of a single rogue employee under the Copyright Amendment (New Technologies) Act, due to come into force February 28.

Under the draft code, an ISP will pass along complaints from a copyright holder to its allegedly infringing customer immediately. The customer will also receive a summary of complaints each month, which Mr Chivers says will act as a warning – required under the controversial section 92A of the Act –- even though it won’t be explicitly labelled as such.

If more than three complaints against a customer are received within 18 months, then a disconnection process will begin. Customers will have the right to dispute infringement notices under the code, says Mr Chivers.

The 18-month time-frame and trio of warnings will give any business ample to deal with an employee who is downloading pirated music or movies, Mr Chivers says.

Asked whether copyright holders like RIANZ would accept such a liberal warning regime, Mr Chivers points out that a serial offender would receive three notices in three months.

The aim of the code is to give large and small ISPs a template for their code of practice required by the new law, Mr Chivers says.

No three-allegations-and-you're-gone
The code also aims to dispel the “urban myths” around the act, such as that three spurious allegations against a customer will be enough to prompt a connection to be disconnected, or a take-down notice issued against a website.

“The code requires a standard of proof that would stand up in a court of law,” Mr Chivers says. “People are not going to come home from holiday and find their internet disconnected or their site taken down. People will get three clear warnings, and the chance to refute them with their ISP.”

The draft also contains a provision for large organisations that hold their own IP address – such as a publisher, or TradeMe, to introduce their own code of practice. If they do, ISPs will put them in direct touch with any complaining copyright holder.

The draft Code of Practice is available through the TCF’s website, with submissions open until 5pm on March 5.