Having been on the receiving end of "Cyber laws" in this country I can
attest for the lack of technical competency amongst the judiciary and
worse still the "Cyber crime center". If the way those guys operate is
anything to go by then :
1.) They don't need evidence
2.) With anything that relates to tech in the courts you are presumed to
be guilty.
3.) You cannot prove yourself innocent because no body you talk to will
understand you, and because they don't understand you they don't believe
you.
These new laws are the typical reaction taken by people who don't
understand something - outlaw it!
On 2/09/11 9:27 AM, "Jay Daley"
On 2/09/2011, at 9:07 AM, Paul Brislen wrote:
I don't know if the tribunal would be able to understand the argument from a technical point of view but yes, you'll need to prove what you were doing at that specific time was legit.
In my previous job I received many complaints from specialist contractors working on behalf of rights holders (relating to domain names not downloading) and they always demonstrated poor technical competency by those contractors.
I doubt this has improved and so it is likely that a thorough examination of the technical details of the complaint will turn up significant flaws in the way they complaint has been generated.
It would be useful if there were a volunteer team ready to conduct this examination that the first set of accused could call on. That way we might be able to discredit the methodology at an early stage.
Jay
-- Jay Daley Chief Executive .nz Registry Services (New Zealand Domain Name Registry Limited) desk: +64 4 931 6977 mobile: +64 21 678840
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