From kheitman@it.net.au Thu Apr 22 10:15:12 1999
Date: Thu, 22 Apr 1999 00:13:35 +0800 (WST)
From: Kimberley Heitman
To: aussie-isp@aussie.net
Cc: board@efa.org.au,
link@www.anu.edu.au
Subject: Action over the Bill
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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Kimberley James Heitman
http://www.multiline.com.au/~kheit/
Internet kheitman@it.net.au Telephone +618 9458 2790
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