Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Specific Knowledge Important In Considering Legality Of Mega


lawsociety.org.nz

MEDIA RELEASE – For immediate use, 24 January 2013

Specific Knowledge Important In Considering Legality Of Mega Website

The new Mega website fronted by Kim Dotcom appears to have been set up to ensure that Mega does not have specific knowledge of the information which is being stored or shared, intellectual property lawyer Clive Elliott says.

Mr Elliott, who is convenor of the New Zealand Law Society’s Intellectual Property Law committee, says knowledge is a key aspect in any consideration of the legality of Mega.

“The Mega service is an API – applications programming interface – which is said to provide ‘user-friendly cloud storage with security and privacy’,” he says. “Two important points arise from this when looking at whether the service is legal.”

Mega is seeking cloud storage partners, provided they are located outside the United States.

“The plan is to store data on servers run by third parties, thereby stepping back and largely farming out this role. It also means that, arguably, the US authorities would have to take any legal action outside their own jurisdiction. As can be seen with the extradition proceedings, this would add a whole range of complexities to any potential proceedings.”

All Mega users will automatically obtain a unique and randomly generated encryption key, Mr Elliott says.

“This means that the user alone will have access to that information. They alone will be able to decide what to store and what to share and how. This is another way in which Mega is purporting to step back from the process.

“On the face of it, Mega will not have first-hand knowledge of what is being stored or shared by its partners or customers or any intermediaries.”

Mega will still need to remove any infringing material from its site.

Mr Elliott says that if and when content owners draw offending material to Mega’s attention, its “no need or wish to know” policy will no longer shield it from liability or attract safe harbour immunity.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gaza.Scoop: UNRWA School, Ambulances Attacked - Gaza MOH

The Ministry of Health Gaza expresses its horror and outrage at the latest Israeli massacre moments ago at an UNRWA school sheltering displaced persons in Beit Hanoun. Ten people have been killed and there is a large number of wounded. More>>

ALSO:

Gordon Campbell:
On Gaza And Burning The Israeli Flag

One of the selling points in New Zealand’s campaign for a temporary seat on the Security Council is that we have a pluckily independent voice to offer on international conflicts.

This image is not entirely self-delusional. When we did occupy a temporary UN Security Council seat in the 1990s, New Zealand was forthright about the need for the international community to actively respond to the Rwanda genocide. On April 14, 1994, New Zealand, Nigeria and the Czech Republic were the only nations to call for a forceful UN intervention to halt the killings. It was a proud moment in the diplomatic record of the Bolger government.

What then, is the current National government doing with respect to the slaughter in Gaza? More>>

 

Parliament Today:

Minister Told Of FBI Investigation, Says INZ: Coleman Must Quit Or Be Sacked Over Dotcom Case - Harré

Immigration New Zealand has done the right thing in distancing itself from Jonathan Coleman’s claims that ministers were not aware of FBI involvement in Kim Dotcom’s residency application, says the Internet Party. More>>

ALSO:

Valedictory Season: Maori Party Founders Say Goodbye

Two major Maori MPs gave there farewell speeches to Parliament Thursday outlining their history, experiences, triumphs and regrets. More>>

ALSO:

Resignation Not Accepted: Transport Minister Breaches Aviation Security Rules

"Running late for a plane at Christchurch Airport, I without thought breached airport and airline security rules by entering the gate lounge through a door usually used for exit only..." More>>

ALSO:

TAIC Report: Urgent Recommendations After Melling Rail Accident

The Transport Accident Investigation Commission has made four urgent recommendations to KiwiRail following the accident two months ago (27 May) when a Matangi passenger train collided with a stop block at Melling Station, Lower Hutt. More>>

ALSO:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Spending Questions: Claudette Hauiti To Step Aside At Election

National Party President Peter Goodfellow confirms that he has received notification from List MP Claudette Hauiti that she plans to step aside at the 20 September election. More>>

ALSO:

EPA: Board Of Inquiry Rejects Basin Flyover By Majority Of 3 To 1

The independent Board of Inquiry delegated to decide on the Basin Bridge Proposal has, by a majority decision (3 to 1), cancelled the Transport Agency’s Notice of Requirement and declined its resource consent applications for the construction, operation and maintenance of a flyover on State Highway 1 in Wellington City... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news