[H-GEN] Alston's censorship bill has passed

[Mark Suter]

(Note reply-to: being general at humbug.org.au vs Mark Suter <mark at zwitterion.humbug.org.au>)

Anthony,

Firstly, we need some humour.

    http://www.efa.org.au/Campaigns/stoprain.html

> I'm honestly not at all convinced by the "technical" arguments against
> this bill. Sure, restricting access to all offensive material is
> impossible, but, at least ttbomk, that's not what they require ISPs to
> do. And sure, restricting access is more onerous than not, but, well,
> so is keeping your kitchen clean when you're trying to run a restaurant.

The technical aspects, as currenly legistlated, would be awesomely
expensive, if they are even possible at all.  BTW, it seems that
the ABA may have a role in specifing what OS you must run.  And,
"Yes", the ABA can take action against an ISP that *allows* access to
'inappropriate' material hosted elsewhere.  Have a read of s.25(1)(a),
as available at the following site.

    http://www.efa.org.au/Campaigns/99.html

While you're there, have a good read of the submissions to the Senate
by such notables as the EFA, ALIA, Mark Newton, Danny Yee and Matthew
Arnison.

This legislation goes far beyond mere Government Censorship.  In order
to discuss it in the right frame of mind, please re-read _1984_.

> Personally, the only thing I have against this bill is that it's
> censorship, and that I think censorship is fundamentally wrong. If
> you don't want to look a smut, don't look at smut. If you're sick of
> altavista giving you twenty links to pr0n for every relevant web page,
> use a different search engine. If you get sick of the guy in front of
> you in the labs looking at smut all the time, tell him he's a pervert
> and to do it at home.

Censorship is not wrong of itself.  The term "censorship" normally
also entails that the decisions are made by some external authority,
for example, "THEM" or "TTP" or "The Australian Government".

> And don't get me started about all the crap about "You're all immoral
> child pornographers!". Or that the only group willing to stand up for
> freedom of speech in Australia is the Eros foundation.

This very argument has been used in parliament:

    You oppose our censorship bill?  You must be one of those
    paediaphiles that rapes babies before breakfast.

    How can you support this smut?

    What kind of deviant are you?

Please, read the following email, forwarded from the SAGE-AU mailing
list.

Yours sincerely,

-- Mark John Suter | I know that you  believe  you understand
suter at humbug.org.au  | what you think I said, but I am not sure
PGP encryption is OK | you realise that what you  heard  is not
Ph: +61 4 1162 2316  | what I meant.                  anonymous

---------- Forwarded message ----------
Message-ID: <028001bea743$e58e2ca0$fbff25cb at Secure>
From: "Jason Garland (Apache Global IT)" <JasonG at Apache.Net.Au>
To: "SAGE-AU Mailing List (E-mail)" <sage-au at sage-au.org.au>
Subject: Re: [SAGE-AU] censorship legislation passed
Date: Wed, 26 May 1999 16:49:20 +1000

Having examined the draft bill, kindly placed online in html by Heath Gibson 
at http://www2.hunterlink.net.au/~ddhrg/censorship_legislation.html 
I have to say that it's far worse than the original press release would have 
suggested. 

As foreshadowed, it censors the Internet as if it were cable-TV and 
gives the ABA power to issue takedown orders. However, Alston has gone much 
further in the detail, to the extent that the hysterical rhetoric from his 
office to date now appears to have been an attempt at sugar-coating. 

The EFA Board is yet to examine the Bill in detail, but on my reading of the 
way the prohibitions will be administered by the ABA and the tamed industry 
association there's several issues that Alston has not been frank about to 
date. EFA will be releasing a considered reponse to the Bill when sending 
its submission to the Senate IT committee by the end of next week, but for 
the time being some points have to be made. 

First new feature is the licencing of ISPs, and compulsory trade 
unionism under the IIA. Daily penalties of $27,500 should be enough to bring 
small ISPs into line, if the threat of being shut down by the Federal Court 
doesn't. 

Second, the ABA will write the IIA Code, and tell ISPs what hardware and 
software to use. Oh, and from now on ISPs work weekends as takedown orders 
issued by email or fax will have to be complied-with within 24 hours. Same 
penalties natch - $27,500 daily for merely allowing "adult themes" material. 

Third, people can complain about ISPs as well as sites, for permitting 
access to "adult themes" material anywhere in the world. The ABA has power 
to investigate any ISP, any time, under s.25(1)(a) if the ISP allows end 
users to access material prohibited in Australia from anywhere else in the 
world. Is there any doubt that proxy filters are to be compulsory? 

Fourth, less censorious State and Territory laws are over-ridden, and 
no-one under 18 is allowed to own an account. Free speech is dead coast to 
coast, and the ABA has the power to outlaw dual membership of WAIA and SAIA 
through its control over the IIA Code. 

And finally, everything archivable is covered, not just web sites. As 
technology improves, the industry and the public will pay for smaller 
and smaller sieves down to the RAM caches, IRC and newsgroups. 

With the depth of bastardry in the detail, it's fairly plain that the 
Minister hates the Internet and all who sail in her. All live email 
addresses on Alston's recent spam should understand that they're on the 
enemies list. 

Obviously the Government considers that a future where Australians use Big 
Pond to go to slow overseas sites is the only plausible scenario in which 
they get a good price for Telstra ;-) 

EFA has copped some flak for being critical of Alston's plans, and it's 
disappointing that other industry groups have been quiet. Whatever 
argument may have been made for preserving special or cordial 
 relationships with the Government has now evaporated. ISPs will still 
have to exercise editorial judgements over content, and there's no 
pretence in this Bill that self-regulation means anything other than 
outsourcing censorship. 

We've nominated Friday May 28 as a day for action by individuals and groups 
around Australia, though appropriate events or publicity better suited to 
the weekend following will be similarly promoted. Those who feel that the 
day should be observed with mild annoyance are at liberty to do so - however 
as Alston claims there hasn't been significent adverse public comment to 
date, it may be better to speak more loudly. 

By all means submit to the Senate IT Committee - submissions close April 
30 - see http://www.aph.gov.au/senate/committee/ADVERT/online.htm 
Otherwise, join the campaign. Details and links are at 
http://www.efa.org.au/Campaigns/alert99.html and 
http://www.efa.org.au/Campaigns/may28/index.html , or contact Darce Cassidy 
(EFA Executive Director) or myself. The campaign mailing list is available 
to coordinate regional protests, and to agree wording of form letters and 
means of making these available to the public. Act locally and think 
globally - while you can! 

Kimberley Heitman, 
Chair, EFA 



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