Protect Yourself – for Organisations

This advice is for employers, schools, universities, libraries, free wifi providers, etc. Most of the advice for homes is also generally applicable to organisations.

Let everyone know about the new law

Don’t assume everyone using your Internet connection knows about the new law.

→ Talk to your staff, students, and other Internet users. Make sure everyone knows the basics of the new law and specifically discuss peer-to-peer file sharing. Encourage questions if they aren’t sure about something.

→ Identify legal alternatives and encourage your Internet users to use them. They should be equipped to identify and understand the benefits of content available under liberal licences encouraging re-use such as Creative Commons.

Know the account holder, develop processes

The account holder is liable, will get any notices, and could be ultimately fined by the Copyright Tribunal. The account holder is likely to be the organisation.

→ Know who the account holder is. Develop processes to receive any notices so that you can respond to them in the time specified by the regulations.

Control your Internet connection

As the account holder, your organisation is liable for the actions of those using your Internet connection. You’ll therefore have to consider what your potential risks are and how you’ll minimise them.

→ Some options to look at:

• Review your Internet acceptable use policy and update it if necessary. Make sure you’ve specifically addressed peer-to-peer file sharing. Communicate changes and, if appropriate, get agreement from users as a condition for continued Internet access.
• If you intend to block some ports or traffic, for example peer-to-peer traffic or file uploading, evaluate options available and implement the chosen option. We don’t recommend this but recognise that some organisations might take this option as one step to manage their risks.
• Ensure you can map an external IP address to internal users and keep records for a minimum of 40 days. This will let you identify who the infringing person was if you get a notice under the new law.
• Are you going to penalise an infringing person in some way? If so, you may need to take legal advice now to ensure your contract or terms of access allow you to do so.
• How are you going to control the activities of temporary users, such as visitors using your Internet connection?
• Document all the steps you’re taking so that you can demonstrate to the Copyright Tribunal that you did everything possible to stop copyright infringement. This is particularly important if you plan to use the “manifestly unjust” defence the new law provides.

Remove unneeded P2P software

Peer-to-peer (P2P) software is used to exchange (download and upload) files between people. P2P allows users to download files such as music, movies, and games using a file sharing software client that searches for other connected computers (called ‘peers’). Similarly, other computers on the Internet are able to search for files on your computer.

Examples of P2P software includes uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze. There are many others and the list keeps changing.

Having P2P software is legal and can be used for many legal file exchanges. However, you need to keep in mind that the new law specifically targets P2P. (see details in InternetNZ press release)

→ Scan all devices including computers and servers that connect to the Internet for P2P software. If your users are not using some or all of the P2P software installed, or you have a policy to not allow P2P software, completely remove unneeded P2P software found, including any directories and files associated with the software.

→ P2P software should be limited to advanced Internet users who have a legitimate need for it and understand the risks of continuing to use P2P software.

Review your computer and network security

It’s possible for viruses and other malware to use your Internet connection without your knowledge or control.

→ Make sure your computers and network are secure. Also, if you’re using a wireless connection, secure the device and wireless network. If possible, get an external auditor or specialist to review and test your security.

Recognise the seriousness and resources of copyright owners

Many copyright owners take detection and prosecution of copyright infringement very seriously. Some like the Motion Picture Association or the Recording Industry Association of America have significant resources and determination to go after infringers. If anything, they can be overzealous so don’t underestimate the seriousness of the new law.

There are many ways that copyright owners detect infringement of their work. Sophisticated technologies include digital fingerprinting/watermarking, automated webcrawlers, and countermeasures.

Three common detection methods used are:

1. Using law enforcement and court action internationally to obtain lists of IP addresses of people infringing their copyright
2. Setting up fake websites to lure unsuspecting people
3. Using third party expert services such as Bay TSP , Peer Media Technologies , and Copyright Enforcement Group