Is watching US Netflix a crime? Greens want answers
Confusion surrounds the future legality of people picking the locks on overseas online television services, despite an attempt by Trade Minister Tim Groser to clarify the situation yesterday.
Internet users and Sky Television want to know if it will become a criminal offence to get around blocks on overseas online television services, such as the US version of Netflix.
Green Party co-leader James Shaw called for answers from the Government after Thursday’s release of more detail on the TransPacific Partnership Agreement.
Tens of thousands of Kiwis are believed to watch the US version of Netflix via services that trick Netflix into thinking the users are located in the United States.
Documents released by Groser said the TPPA would require New Zealand to provide stronger protection for technological protection measures (TPMs).
TPMs are a general term used to describe ‘‘digital locks’’ that prevent copyright works being accessed by people who don’t have the rights holders’ consent. The main new requirement was for ‘‘civil and criminal remedies’’ against people breaking TPMs, according to a paper issued by the Ministry of Foreign Affairs and Trade.
Shaw said the Government should explain whether the TPPA ‘‘would criminalise people who used VPNs’’, saying the information released so far was not clear.
Groser said New Zealand had negotiated the right to make ‘‘exceptions’’ under the TPM clause for activities that were ‘‘legitimate’’ in New Zealand. The Government intended to use that power to continue to allow people to break regional locks on DVDs that they bought overseas, the ministry said.
But Groser did not clarify whether the criminal and civil remedies would apply to New Zealanders who used VPNs to circumvent geo-blocks on overseas online television services.
The Government would determine what ‘‘exceptions’’ it allowed during the implementation of the new laws, he said in a statement issued late on Friday afternoon.
Legal experts have said it is a grey area whether the use of antigeo-blocking services to access overseas TV services currently breached civil law.