If you want Netflix in Australia there’s really only one way to do it: get yourself a VPN with an endpoint in the states. That’s not an entirely difficult process, indeed many of my less tech savvy friends have managed to accomplish it without any panicked phone calls to me. The legality of doing that is something I’m not qualified to get into but since there hasn’t been a massive arrest spree of nefarious VPN users I can’t imagine it’s far outside the bounds of law. Indeed you couldn’t really do that unless you also cracked down on the more legitimate users of VPN services, like businesses and those with regulatory commitments around protecting customer data. However if you’d ask the BBC users of VPNs are nothing but dirty pirates and it’s our ISP’s job to snoop on them.
In a submission to the Australian Government, presumably under the larger anti-piracy campaign that Brandis is heading, the BBC makes a whole list of suggestions as to how they should go about combating Australia’s voracious appetite for purloined content. Among the numerous points is the notion that a lot of pirates now use a VPN to hide their nefarious activities. In the BBC’s world ISPs would take this as a kind of black flag, signalling that any heavy VPN user was likely also engaging in copyright infringement. They’d then be subject to the woeful idea of having their Internet slowed down or cut off, presumably if they couldn’t somehow prove that it was legitimate. Even though they go on to talk about false positives the ideas they discuss in their submission are fucking atrocious and I hope they never see the light of day.
I have the rather fortunate (or unfortunate, depending on how you look at it) ability of being able to do my work from almost anywhere I choose, including my home. This does mean that I have to VPN back into the mothership in order to get access to my email, chat and all other corporate resources which can’t be made available over the regular Internet. Since I do a lot of this at home under the BBC’s suggestion I’d probably be flagged as a potential pirate and be subject to measures to curb my behaviour. Needless to say I don’t think I’m particularly unique in this either so there’s vast potential for numerous false positives to spring up under this system.
Worse still all of those proposed measures fall on the ISP’s shoulders to design, implement and enforce. Not only would this put an undue burden on them, which they’d instantly pass onto us in the form of increased prices, it would also make them culpable when an infringing user figured out how to defeat their monitoring system. Now everyone knows that it doesn’t take long for people to circumvent these systems which, again, increases pressure on the ISPs to implement even more invasive and draconian systems. It’s a slippery slope that we really shouldn’t be going down.
Instead of constantly looking towards the stick as the solution to Australia’s piracy woes it’s time for companies, and the Australian government, to start looking at the carrot. Start looking at incentives for rights holders to license content in Australia or mandating that we get the same content at the same time for the same price as it is elsewhere. The numerous Netflix users in Australia shows there’s demand for such a service, we just need it to match the same criteria that customers overseas expect. Once we get that I’m sure you’ll see a massive reduction in the amount of piracy in Australia, coupled with the increase in sales that the right’s holders seem so desperate to protect.