title: Measuring the impact of the copyright amendment act on New Zealand residential DSL users

authors: Alcock, Shane

subjects: internet law

abstract: The Copyright (Infringing File Sharing) Amendment Act 2011 (CAA) is a New Zealand law that aims to provide copyright holders with legal recourse when content is illegally shared over the Internet. This paper presents a study of residential DSL user behaviour using packet traces captured at a New Zealand ISP before, shortly after and several months after the CAA coming into effect. We use libprotoident to classify the observed traffic based on the application protocol being used to identify and examine any changes in traffic patterns that may be a result of the new law. We find that the use of peer-to-peer applications declined significantly once the CAA was in effect, suggesting a strong correlation. We also found that there were increases in tunneling, secure file transfer and remote access traffic amongst a small segment of the user population, which may indicate an increased uptake in the use of foreign seedboxes to bypass the jurisdiction of the CAA.

text: Measuring the impact of the copyright amendment act on New Zealand residential DSL users The Copyright (Infringing File Sharing) Amendment Act 2011 (CAA) is a New Zealand law that aims to provide copyright holders with legal recourse when content is illegally shared over the Internet. This paper presents a study of residential DSL user behaviour using packet traces captured at a New Zealand ISP before, shortly after and several months after the CAA coming into effect. We use libprotoident to classify the observed traffic based on the application protocol being used to identify and examine any changes in traffic patterns that may be a result of the new law. We find that the use of peer-to-peer applications declined significantly once the CAA was in effect, suggesting a strong correlation. We also found that there were increases in tunneling, secure file transfer and remote access traffic amongst a small segment of the user population, which may indicate an increased uptake in the use of foreign seedboxes to bypass the jurisdiction of the CAA.

year: 2012

title: The international law gaze: America’s fist and the WTO Appellate Body

authors: Alvarez-Jimenez, Alberto

abstract: Saturn Devouring His Son is a famous and disturbing painting by Francisco Goya that you can see at the Prado Museum in Madrid. (http://www.franciscogoya.com/saturn-devouring-his-son.jsp). It depicts the Greek myth of the Titan Cronus (Saturn), who, fearing to be overthrown by his sons, devoured each of them at birth, save one.  Like Saturn, the United States seems to be attempting to devour the Appellate Body of the World Trade Organization (WTO), the jewel of the dispute settlement system of an organization that the United States much helped to give birth to. What is the United States doing? It is blocking the consensus within the WTO for the appointment or reappointment of Appellate Body members to the point that the Appellate Body has been forced to operate with a reduced number of members. You should not dismiss this policy as just a new expression of the tragicomedy that is taking place in Washington since January: the attack on the Appellate Body is one and the very same that the Obama administration put in place in 2016 when it blocked the reappointment of Seung Wha Chang, a South Korean Appellate Body member whom the United States thought of as having views that expanded the authority of the Appellate Body. (Alex Lawson, “US Playing with Fire in WTO Appellate Body Spat” QLAW360. May 24, 2016. https://www.law360.com/articles/799678/us-playing-with-fire-in-wto-appellate-body-spat). The action forced WTO members to elect another candidate, Hyun Chong Kim, at the end of 2016. However, he resigned to become South Korea’s Trade Minister in 2017, thus creating a vacancy again. Two other Appellate Body members, Ricardo Ramirez and Peter Van den Bossche, ended their second terms in 2017. The three vacancies have not been filled, due to the United States’ behaviour.  For an institution of seven members, this situation is already severely affecting its operation

text: The international law gaze: America’s fist and the WTO Appellate Body Saturn Devouring His Son is a famous and disturbing painting by Francisco Goya that you can see at the Prado Museum in Madrid. (http://www.franciscogoya.com/saturn-devouring-his-son.jsp). It depicts the Greek myth of the Titan Cronus (Saturn), who, fearing to be overthrown by his sons, devoured each of them at birth, save one.  Like Saturn, the United States seems to be attempting to devour the Appellate Body of the World Trade Organization (WTO), the jewel of the dispute settlement system of an organization that the United States much helped to give birth to. What is the United States doing? It is blocking the consensus within the WTO for the appointment or reappointment of Appellate Body members to the point that the Appellate Body has been forced to operate with a reduced number of members. You should not dismiss this policy as just a new expression of the tragicomedy that is taking place in Washington since January: the attack on the Appellate Body is one and the very same that the Obama administration put in place in 2016 when it blocked the reappointment of Seung Wha Chang, a South Korean Appellate Body member whom the United States thought of as having views that expanded the authority of the Appellate Body. (Alex Lawson, “US Playing with Fire in WTO Appellate Body Spat” QLAW360. May 24, 2016. https://www.law360.com/articles/799678/us-playing-with-fire-in-wto-appellate-body-spat). The action forced WTO members to elect another candidate, Hyun Chong Kim, at the end of 2016. However, he resigned to become South Korea’s Trade Minister in 2017, thus creating a vacancy again. Two other Appellate Body members, Ricardo Ramirez and Peter Van den Bossche, ended their second terms in 2017. The three vacancies have not been filled, due to the United States’ behaviour.  For an institution of seven members, this situation is already severely affecting its operation

year: 2017

title: Lessons learned from the MV Rena: Reimagining maritime and resource management law

authors: Paul, Adrienne Joy

subjects: Resource Management Law - New Zealand

abstract: The main research question in this thesis is what lessons can Aotearoa New Zealand learn from the MV Rena grounding accident? This research is an historical account of the legal framework existing at the time of the MV Rena grounding. In addition, the thesis will outline the surrounding marine environment to examine the relevant regulatory system.
In the early morning of 5th October 2011, the MV Rena vessel struck Ōtāiti (Astrolabe Reef).  Initially, the accident concerned a response to the safety of the crew on board the MV Rena. However, the seriousness of the damage to the hull with part of Ōtāiti reef protruding through the keel, presented issues concerning the recovery strategy for the vessel and cargo from the coastal marine area.  The MV Rena grounding released oil, cargo, and equipment into the surrounding marine environment of Ōtāiti. The oil, cargo and equipment travelled by the ocean currents, spreading across large areas of the ocean. This caused environmental effects across the coastal marine area in the Bay of Plenty region. The grounding was the “worst maritime environmental disaster” Aotearoa New Zealand had ever seen. 

The government of the day and the MV Rena owner are committed to international obligations for preparing and responding to maritime disasters and marine pollution. However, the government of Aotearoa New Zealand was not a party to international obligations addressing groundings relative to bunker oil. In addition, when responding to environmental effects from the grounding the legal processes regulating the maritime and resource management system, caused distress to the local community in the Bay of Plenty region. Specifically, the people of Motiti Island (“Motiti”), relative to preserving and protecting their cultural and spiritual relationship with Ōtāiti and Motiti.

An analysis of maritime and resource management law at the international level and domestic level is explored in this thesis. Such as, marine pollution, and indigenous peoples’ rights (iwi Māori) in connection with the Maritime Transport Act 1994, the Resource Management Act 1991, the Waitangi Tribunal process and related planning and policy instruments.  The research concludes that, had the government of the day ratified relevant conventions prior to the MV Rena grounding incident, the outcome of the location of the ship may have been a completely different result, such as a full wreck removal, without opposition. Additionally, the research concludes that the gap in the laws regulating marine environments did not equip iwi Māori with protecting their interests, resulting in a spiritual injustice to the people of Motiti. This research reveals that maritime and resource management law still has a long way to go with supporting the indigenous people’s voice in Aotearoa New Zealand for sustainable marine solutions. This thesis conclude with recommendations directed at better maritime and resource management regulations and indigenous peoples’ involvement.

text: Lessons learned from the MV Rena: Reimagining maritime and resource management law The main research question in this thesis is what lessons can Aotearoa New Zealand learn from the MV Rena grounding accident? This research is an historical account of the legal framework existing at the time of the MV Rena grounding. In addition, the thesis will outline the surrounding marine environment to examine the relevant regulatory system.
In the early morning of 5th October 2011, the MV Rena vessel struck Ōtāiti (Astrolabe Reef).  Initially, the accident concerned a response to the safety of the crew on board the MV Rena. However, the seriousness of the damage to the hull with part of Ōtāiti reef protruding through the keel, presented issues concerning the recovery strategy for the vessel and cargo from the coastal marine area.  The MV Rena grounding released oil, cargo, and equipment into the surrounding marine environment of Ōtāiti. The oil, cargo and equipment travelled by the ocean currents, spreading across large areas of the ocean. This caused environmental effects across the coastal marine area in the Bay of Plenty region. The grounding was the “worst maritime environmental disaster” Aotearoa New Zealand had ever seen. 

The government of the day and the MV Rena owner are committed to international obligations for preparing and responding to maritime disasters and marine pollution. However, the government of Aotearoa New Zealand was not a party to international obligations addressing groundings relative to bunker oil. In addition, when responding to environmental effects from the grounding the legal processes regulating the maritime and resource management system, caused distress to the local community in the Bay of Plenty region. Specifically, the people of Motiti Island (“Motiti”), relative to preserving and protecting their cultural and spiritual relationship with Ōtāiti and Motiti.

An analysis of maritime and resource management law at the international level and domestic level is explored in this thesis. Such as, marine pollution, and indigenous peoples’ rights (iwi Māori) in connection with the Maritime Transport Act 1994, the Resource Management Act 1991, the Waitangi Tribunal process and related planning and policy instruments.  The research concludes that, had the government of the day ratified relevant conventions prior to the MV Rena grounding incident, the outcome of the location of the ship may have been a completely different result, such as a full wreck removal, without opposition. Additionally, the research concludes that the gap in the laws regulating marine environments did not equip iwi Māori with protecting their interests, resulting in a spiritual injustice to the people of Motiti. This research reveals that maritime and resource management law still has a long way to go with supporting the indigenous people’s voice in Aotearoa New Zealand for sustainable marine solutions. This thesis conclude with recommendations directed at better maritime and resource management regulations and indigenous peoples’ involvement.

year: 2022