澳大利亚宪法专家及多位参议员近日发出警示，若政府推进修改版权法以允许人工智能公司抓取互联网上受版权保护的音乐、书籍和新闻等材料，该举措可能违反澳大利亚宪法。1 这一潜在的法律变动被指存在被认定为“政府征收财产”的风险，从而可能招致来自全球权利持有人的巨额国际赔偿诉讼。1
首席宪法专家安妮·特威梅（Anne Twomey）指出，虽然目前仅存在“潜在”的违宪担忧，但这完全取决于最终立法草案的具体措辞是否严谨。1 与此同时，联盟党参议员与唱片行业也表达了反对意见，对法案可能带来的法律后果表示关切。1 面对各方质疑，澳大利亚司法部回应称对该问题保持“极其敏感”的态度，承认相关法律风险不容忽视。1
Australian legal experts and opposition senators have raised alarms that proposed amendments to copyright laws, designed to permit artificial intelligence companies to scrape copyrighted materials such as music, books, and news from the internet, could potentially breach the nation’s constitution 1. The central concern is whether allowing this data extraction without adequate protection constitutes an unconstitutional acquisition of property by the government 1. If the legislation is drafted improperly, it risks being classified as a compulsory acquisition of private assets, which would trigger significant constitutional protections under existing law 1.
Anne Twomey, recognized as Australia’s leading expert on constitutional matters, indicated that while the issue is not definitively settled, there are "potential" grounds for concern depending entirely on the specific wording of the final legislative draft 1. This potential misstep could expose the government to enormous international litigation, as rights holders across the globe may launch substantial compensation claims against Australia 1. The warning has been echoed by Coalition senators and representatives from the recording industry, who argue that the changes pose serious legal and financial risks 1. In response to these critiques, the Department of Justice acknowledged that it is "extremely alive to the issue," signaling heightened scrutiny over how the amendments might interact with constitutional requirements 1.
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