An actual problem with the Copyright (Infringing File Sharing) Amendment Bill

The most glaringly wrong part of the Amendment is this:

122PB Application of section 122C to cellular mobile networks

(1) An IPAP need not comply with either of the obligations in section 122C(1) in respect of the services it provides by way of a cellular mobile network.

(2) Subsection (1) is repealed with the close of 31 July 2013 (but see subsection (3)(c)).

(3) The Governor-General may, by Order in Council made on the recommendation of the Minister, do all or any of the following:

(a) repeal this section:

(b) repeal subsection (2):

(c) amend subsection (2) by replacing the date specified in that subsection with any other date, whether that date is earlier or later than the one it replaces:

(d) revoke or amend any Order in Council made under this section (the principal order), but only if the repeal, amendment, or revocation effected by the principal order has not taken effect.

(4) The powers in subsection (3) may be exercised more than once.

This makes absolutely no sense.  A rights violation doesn’t change based on the medium used – why should it matter if the Internet access is via cellular data, microwave, satellite, fiber, copper DSL, or copper dial-up?  Even the authors of the Amendment clearly know that it makes no sense, which is why there’s the built-in expiry and ability to remove it at essentially any earlier time (or, crazily, extend it).

Unless the point is to encourage everyone to illegally file-share over cellular data?  Given that the prices are higher, I’m sure the providers would be happy with that…

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