Minutes of Public Policy Committee - 1 May 2008

Present: David Farrar (Chair), Simon Riley, Julian Kersey, Chris Streatfield, Doug Mercer, Pete Macaulay, Jonny Martin

By phone: Ernie Newman, Rick Shera

In attendance: Keith Davidson, Jordan Carter, Campbell Gardiner

Apologies: Judy Speight, David Diprose, Stewart Fleming, Chris O’Connell

Action Points / Matters Arising from the Previous Minutes

AP – Invite David Skilling to a Council or Pub-Pol meeting – consider whether appropriate given discussion on election campaign issues.

AP – Broadband Investment Meeting – second meeting yet to be held.

AP - Meet with minister – not worth a dedicated meeting given recent developments.

AP - Create a legal jurisdiction paper – still to be done by DPF.

3. Election Campaign Project

InternetNZ was planning to spend $130k on the election campaign project. The ‘whether to do this’ question has diminished in salience given the political dynamics have changed since John Key’s announcement. And the proposed spend now appears to be redundant.

However, there is still work to be done on the ‘how’ and ‘why’ of nationwide fibre-to-the-home roll-out. It was suggested we identify two or three basic fibre models and analyse the strengths and weaknesses of each model, criteria for investment, costs, etc. We would seek to tender the work out to an external consultant.

The purpose of such an analysis would be that (assuming both potential future governments will be interested in broadband) the MED doesn’t start with a blank piece of paper but has some pre-existing research to work with.

Discussion followed on fibre models. In addition to the NZ Institute’s FibreCo model there are a range of other potential models and the National Party’s announcement, which is the basis for a model.

There was talk of appraising and critiquing the NZ Institute FibreCo model by getting an external consultant to look at this and other, less advanced models. This would be done via an RFP process. The FibreCo model would be the logical thrust of any critique.

David noted that Wellington-based government relations firm Saunders Unsworth had earlier advised us to delay our proposed election campaign project and instead appraise the FibreCo model.

Ernie noted that New Zealand is in a unique position globally and we mightn’t find too many international examples to draw from in researching the issues. Simon suggested convening a roundtable in to unpack the NZ Institute FibreCo model and Ernie suggested a two-pronged approach, firstly canvassing views then working out the best solution.

Discussion continued on how broad the critique should be, and what it should cover. It was also noted that there can never be a single ‘fibre model’ but a mix of connectivity deployed in the most appropriate ways.

There was general support for proceeding with the preparation of an RFC that would seek tenders to complete basic analysis of the NZI proposal and of other possible models, to use as the basis for some industry consultation. The draft will come back to the Committee for further input.

AP - Doug, Jordan and David to draft an RFC based on feedback from the meeting and send to the Committee.

3.47pm – Doug Mercer left the meeting.

4. Copyright – Helping ISPs cope with the new Act

Rick updated the meeting on the Copyright Act, which passed recently with a clause reinserted saying ISPs are required to cut off customers if they abuse copyright.

He proposes that InternetNZ get together with the ISPs, recording industry, the MED and other relevant parties to see if we can arrive at a reasonable regime to cater for the clause.

Next steps are for InternetNZ (and possibly the TCF) to host a day-long roundtable for the main players to come and debate the issues. A separate session for ISPs would be held on the same day in advance of the main roundtable discussion.

AP – staff to arrange roundtable along the lines outlined.

5. PPC Work Plans

Jordan briefed the meeting on Pub-Pol project work plans. The timeframe for the upcoming Parliamentary Internet Caucus events was questioned and Jordan noted that dates have been confirmed in Ministers’ diaries.

There has been a suggestion that the June PIC could be about Internet campaigning. The following PIC was going to be on fibre but this may no longer be such a good idea.

The Computer Consumer Security Education is a Pete initiative. And a final effort at resurrecting the ICOP project is to be made by staff.

The Committee welcomed provision of the information in the plans and thanked the staff for this.

6. Draft Digital Strategy 2.0: InternetNZ response

Jordan proposed an open drafting process, getting the widest possible range of suggestions.

Discussion on the Connectivity thread of the Digital Strategy. This is probably the most important part for InternetNZ to focus on in the response. In addition, it was noted that the ways in which people use the Internet will continue to evolve in respect of the ‘Content’ thread, and that InternetNZ should take a lead role in articulating this.

Pete believes that the ‘wheels have fallen off’ the Digital Strategy. He maintains that, after 18 months, nothing has happened. There is a document that doesn’t say much more than the first version. The Government however is said to be ultra keen for feedback on the 2.0 version.

7. Rural Broadband Working Party

The working party is meeting tomorrow to sign off the policy framework it has developed. Their 10-page document will be sent to Pub-Pol Committee once it’s been signed off for input.

8. Updates/Issues

Operational Separation – The independent oversight group has been appointed. These are probably people we want to start building relationships with.

Banking Code of Practice – There’s been an unofficial back-down. An official position from the banks is imminent, it is said.

Cyberlaw Fellowship – The press release has gone out. Cynthia will start teaching in July.

Retention of text messages for law enforcement purposes – The issue for us is the principle that you don’t keep communications for ‘possible’ law enforcement purposes, but for ‘specific’ purposes.

Discussion on the surveillance aspect, which is of concern, and the privacy trade-offs. It’s not a particularly core issue for us, but is interesting for the precedents it could cause.

InternetNZ has drafted a letter. David proposed publishing it on our website after sending. Discussion on how wide we take our position opposing.

AP – staff to work further on the letter regarding interception of SMS messages, then send back to Pub-Pol.

AP – staff to research the wireless interception and other issues raised by members on the list, and provide information papers to PPC.

9. Any Other Business

There were no items of general business.

Meeting Closed: 4.42pm

Date of next meeting: As in agenda.

Signed as a true and correct record:

…………………………………………………

David Farrar, Member, Chair