The Creative Freedom Foundation’s photo blackout campaign against the Copyright Amendment (New Technologies) Act has been a knockout success. Now the crew behind the viral phenomenon is extending its campaign to highlight the act’s potential impact on small business.

Speaking exclusively to NBR, home of robust debate on the controversial new law, CFF co-founder Bronywn Holloway-Smith (left) said Section 92A of the act “will increase compliance costs for small business at a time when they can ill-afford extra expense”.

In its latest manifesto, the CFF argues: “Section 92A, which comes into effect at the end of February, defines ‘internet service provider’ as anyone who provides internet access to another person. This poorly worded clause means any library, school, university, cafe or business that offers internet access to staff or customers faces the ridiculous task of having to either implement a policy to track and store data on every internet connection for months, or face legal action for not responding to any accusation leveled at the "ISP".

Ms Holloway-Smith concedes that the act (and the associated ISP code of practice), do not specifically require an ISP to actively track its members’ usage. But she says it would be necessary to log all connections regardless in case evidence is needed to respond to later allegations by a copyright holder.

But logging all connections will take time and money.

"Businesses, both small and large, are facing a tough economic climate and to introduce the additional burden of demanding they take on the role of copyright police is simply not acceptable,” says Ms Holloway Smith.

The CFF co-founder fears that smaller organisations defined as ISPs under the act “will simply reverse the natural order of law and presume their staff or customers are guilty with little or no proof” and face the business risk of firing an errant employee.

“It’s outrageous that business is being asked to foot the bill for this law,” says Ms Holloway-Smith who, as a fine arts graduate, is emerging as an unlikely champion of commerce.

Ms Holloway-Smith and her husband, Matthew Holloway, a graphic designer, film-maker, and software developer, co-founded the CFF. The foundation’s online petition against the act has now recorded 8765 signatures, providing an indication of the number of people who are supporting its iconic new blackout campaign, which sees users of Facebook, Twitter and other social networking sites blacking out their photos to highlight their opposition to the act.

The CFF is calling on the National-led goverment to scrap the act, due to come into force on February 28. But a spokesman for Attorney General Christopher Finlayson's office has told NBR there will be "no last minute stall".