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

Gordon Campbell: On Drone Strikes And Judith Collins‘ Last Stand

The news that a New Zealand citizen was killed last November in a US drone attack in Yemen brings the drones controversy closer to home.

To the US, drones are a legitimate response to the threat posed by the al Qaeda organisation and its franchisees... To the US, the drones carry the added advantage of not putting US troops at risk on the ground, and minimises the need for putting them in large numbers in bases in the countries concerned, always a politically sensitive point.

The counter-argument, well articulated by security analyst Paul Buchanan on RNZ this morning, is that this particular drone attack can be said to amount to an extra-judicial execution of a New Zealand citizen by one of our military allies, in circumstances where the person concerned posed no threat to New Zealand’s domestic security. More>>

 

Parliament Today:

Policies: Labour’s Economic Upgrade For Manufacturing

Labour Leader David Cunliffe has today announced his Economic Upgrade for the manufacturing sector – a plan that will create better jobs and higher wages. More>>

ALSO:

Gordon Campbell: On The Life And ACC Work Of Sir Owen Woodhouse

With the death of Sir Owen Woodhouse, the founding father of the Accident Compensation Scheme, New Zealand has lost one of the titans of its post-war social policy. More>>

ALSO:

Bad Transnationals: Rio Tinto Wins 2013 Roger Award

It won the 2011 Roger Award and was runner up in 2012, 2009 and 08. One 2013 nomination said simply and in its entirety: “Blackmailing country”... More>>

ALSO:

Select Committees: Tobacco Plain Packaging Hearings

The Stroke Foundation is today backing the Cancer Society and Smokefree Coalition who are making oral submissions to the Health Select Committee in support of proposed legislation to remove of all branding from tobacco products. More>>

ALSO:

Milk: Oravida Asked For Cabinet Help

New evidence released by New Zealand First today reveals Justice Minister Judith Collins used her position to manipulate the Government to help her husband’s company, Oravida, after the Fonterra botulism scare, says New Zealand First Leader Rt Hon Winston Peters. More>>

ALSO:

With Conditions: Ruataniwha Consents Approved In Draft Decision

The Tukituki Catchment Proposal Board of Inquiry has granted 17 resource consents relating to the $265 million Ruataniwha Water Storage Scheme in a draft decision that would open more of the Hawke’s Bay to irrigation. More>>

ALSO:

Fast Lanes, Campervans: Labour 'Making The Holidays Easier For Kiwi Drivers'

The next Labour Government will make the holidays easier and journeys quicker for Kiwi families driving on the roads, says Labour Leader David Cunliffe. More>>

ALSO:

Gordon Campbell: On Royalty And Its Tourism Spin-Offs

Ultimately the Queen’s longevity has been one of her most significant accomplishments. A transition to Prince Charles while the monarchy was in the pits of public esteem in the mid to late 1990s would have been disastrous for the Royal Firm. Far more congenial representatives have now emerged... More>>

ALSO:

Privacy (Again): ACC Demands Excessive Privacy Waivers

Labour: “This is just another example of ACC under National deliberately acting to deny treatment and compensation... Those who did fill in the form have effectively been victims of yet another ACC privacy breach. This time Judith Collins knew it was happening..." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news