AFACT v iiNet: Draft eSecurity Code introduced in court

Internet Industry Association draft Code of Conduct tendered

The Australian Federation Against Copyright Theft (AFACT), which represents more than 30 film studios and TV broadcasters, has submitted to the court a draft ISP code of conduct relating to computer security, despite Justice Cowdroy questioning its relevance.

As iiNet chief regulartoy officer Steve Dalby’s cross-examination continued, AFACT barrister, Tony Bannon, quizzed Dalby about the Internet Industry Association’s (IIA) eSecurity Draft Code of Conduct.

A 10 June meeting between the IIA, internet service providers, security vendors and other interested parties agreed on an eSecurity Draft Code, which is intended to be finalised by 1 December 2009. It calls on ISPs to actively monitor systems for malicious activity and compromised computers as part of normal network management activities and notify trusted third party sources.

Dalby said he was not familiar with the draft code, however Bannon made light of a media report on the subject in which Dalby was quoted.

In reply, Dalby said it was not unusual for him to receive calls from the media within an hour of an announcement being made, even when he hasn’t heard the announcement himself. He said his comments in this instance were “neutral and non-committal”.

When asked whether iiNet had been involved in any discussions to do with the draft code, Dalby replied “not to my knowledge”.

Justice Cowdroy proceeded to question Bannon as to whether the report was relevant to iiNet, before agreeing to tender the document.

The case will resume on November 9.

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