Privacy in the context of piracy: The forgotten issue in the hunt for online copyright pirates

As is well known, the iiNet case related to whether ISPs can be held liable for the alleged online copyright piracy of their subscribers. However, the case is interesting for several reasons. For example, the iiNet case is illustrative of the obvious fact that the hunt for online copyright piracy gives rise to several important privacy issues. The reverse is also true; that is, the iiNet case shows that the fundamental human right to privacy is a factor to be taken into account in the application of relevant copyright law. Using the iiNet case as an example, this article seeks to highlight how privacy is affected by, and affects, the application of copyright law in the context of online copyright piracy – a question that, so far, has gained limited academic attention.