(Australia) Modchippers Under Fire with New Law
Date: Saturday, September 16 @ 22:57:08 UTC
Topic: Xbox Gaming
Users of modchipped videogame consoles could face fines of up to AU$6600 under new laws being put in place by the Australian Federal Government, a news alert from law firm Minter Ellison says. Those who distribute or offer modchipped devices could face fines of up to AU$60,500 and/or up to five years in jail.
The new laws, which are being put in place to comply with Australia's obligations under the Australia United States Free Trade Agreement (AUSFTA), will be in effect from 1 January 2007. A draft of the legislation was released for public comment earlier this week. According to the Minter Ellison statement, the "AUSFTA requires Australia to prohibit the use of devices and services to circumvent technological protection measures (TPM)".
"The exposure draft prohibits the use of devices and services to circumvent access control TPMs. It is an offence to circumvent access control TPMs punishable by a fine of up to AU$6,600.
"The exposure draft also prohibits dealings with devices and services to circumvent all types of TPMs (including access control TPMs). Dealing in circumvention devices and services will be punishable by up to five years imprisonment and/or a fine of up to AU$60,500. The concept of 'dealings' has been expanded and will include distribution, offering, provision and communication. There will no longer be a requirement for a dealing to be 'in the course of trade'."
Some exemptions to the law will be put in place, including for those doing computer security testing, law enforcement and library use.
News-Source: http://cnet.com.au
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