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Electronic Frontiers Australia notes that the Copyright Amendment Bill would create a criminal offence, punishable by up to five years in prison and/or a fine of up to $A65,000, to possess a 'device' such as a VCR, an iPod, an MP3 player or a computer 'with intent to use it to make an infringing copy'.

The EFA says that this is a blatant attempt to target 'everyday' Australians.

'Although groups lobbying on behalf of copyright owners maintain that these changes are not targeted at individual end-users, they have strenuously opposed moves to change the Bill to ensure that the every-day activities of thousands of individual Australians are not criminalised,' said vice-chair Dale Clapperton.

'When copyright lobby groups talk about more than 20 per cent of all Australians being "currently involved in the types of infringing behaviour the Government expressly intends and needs to deter", and give examples including making "illegal copies of film and television programs for work colleagues and friends" it becomes

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clear that everyday Australians are being targeted,' he said.

Clapperton added that the EFA is concerned that the law will encourage indiscriminate legal action similar to that taken by the US music industry against alleged file sharers.

'Under current copyright laws, no technology users in Australia have been charged with copyright infringement. However, thousands have been sued in the US, including grandmothers who don't have computers, and dead people,' he said.

'What EFA is very much concerned about is that thousands of people are being sued on the basis of inaccurate information. We're afraid that we will see this in Australia except, instead of suing them, they will have them charged under the new criminal provisions.'

Australia's attorney-general, Philip Ruddock, said that the new offences in the bill are 'the fines are aimed at market-stall operators selling pirated copyright material, not to "trick" consumers'.

In which case, Clapperton said, the relevant clauses should be rewritten.

'If they're not planning to enforce these laws against individuals, then they should rewrite these laws so that they don't apply to individuals,' he said.

A spokesman for Ruddock said that this was not likely to happen.

Apple has also criticised the bill for criminalising everyday acts of copying.

'Apple submits that the current provisions of the bill will leave [Australian law] still outdated and overly restrictive given today's technology and the legitimate expectations of consumers,' said the company's submission to the Senate Committee enquiry into the bill.