Dec 3, 2004 : Proposed Aussie Bill Restricts ISPs

📅 December 3, 2004 - According to reports, Australian Internet service providers will face restrictions similar to those faced by US ISPs under the Digital Millennium Copyright Act, if legislation tabled in the Australian Senate this week is approved.

The DMCA, signed into law in 1998, limits the liability of Internet service providers from copyright infringement perpetrated by their customers. However, to receive the legislation's protection, service providers must comply with stringent takedown provisions when infringing material is found on their networks.
Under the proposed legislation, reports say, Australian service providers would still have access to some ?safe harbor? rules, but the bill will also open up providers to takedown notices in cases of copyright infringement. At that time, ISPs would be forced to comply or be labeled copyright infringers themselves ? essentially what would happen under the DMCA. Service providers would have limited liability until receipt of a takedown notice.
The bill, reports say, also makes it clear that while service providers are not required to monitor their networks for copyright infringement, they must remove infringing material if they are aware of its presence.
The legislation submitted to the Australian Senate is reportedly designed to align Australian intellectual property laws with US laws as part of the impending free trade agreement being negotiated between the two countries.