The Federal Government will introduce compulsory internet filtering. Communications Minister Stephen Conroy announced the changes today following a controversial trial to filter the internet which was conducted earlier this year.Analyzing this lunacy:
Senator Conroy says some internet content is simply not suitable in a civilised society.
"It is important that all Australians, particularly young children, are protected from this material," he said.
He says the Government will not determine what is blacklisted on the internet in Australia; rather an independent body will determine what sites are rated as RC for refused classification.
Legislation will be introduced into Parliament next year which will require all ISPs to block material which has been refused classification in other countries.
The filtering trial attracted criticism from some who said it would not work and would slow internet speeds.
But Senator Conroy says the trial has been successful.
"Our pilot, and the experience of ISPs in many western democracies, shows that ISP level-filtering of a defined list of URLs can be delivered with 100 per cent accuracy," he said.
"It also demonstrated that it can be done with negligible impact on internet speed."
Grants will also be offered to ISPs to voluntarily block other content.
After the legislation is passed the filter will take 12 months to implement.
Senator Conroy says the Government will take steps to ensure the filter is transparent and people know why material is being blocked.
In May 2008, the Government said it would spend $125.8 million over four years on several measures to strengthen cyber safety, including the filter.
1) "Some internet content is simply not suitable in a civilized society, it is important that all Australians are protected from this material".I was under the mistaken impression that individuals in civilized society had the capacity and freedom to autonomously discern good from bad, and accordingly make a decision to consume or not consume, thank you Senator for correcting my misguided perception.
2) "Government will not determine what is blacklisted; rather an independent body will determine what sites are rated as RC".Independent in the way that the “Peoples Daily” is an independent newspaper in the People’s Republic of China. The “independent body” comrade refers to is otherwise known as the Australian Communications and Media Authority (ACMA), a government organization.
3) "Legislation will be introduced into Parliament next year which will require all ISPs to block material which has been refused classification in other countries".I assume that should read something like “Legislation will be introduced into Parliament next year which will require all ISPs to block material from other countries which has been refused classification in Australia.”
If, in the course of an investigation, the ACMA is satisfied that Internet content is prohibited content or potential prohibited content, the ACMA must: Give each Internet service provider known to the ACMA a written notice (a standard access-prevention notice) directing the provider to take all reasonable steps to prevent end-users from accessing the content.See below at bottom of this post for important excerpts and a link to the Broadcasting Services Act.
4) "Our pilot, and the experience of ISPs in many western democracies, shows that ISP level-filtering of a defined list of URLs can be delivered with 100 per cent accuracy."Hugh, come again? Back in March it was revealed with much fan fair in the main stream media, that the web pages of a Queensland tour operator, boarding kennel and a dentist had all been included in this “defined URL list” being trialled.
"Apparently without irony, ACMA threatens fines of up to $11,000 a day for linking to sites on its secret, unreviewable, censorship blacklist. This week saw Australia joining China and the United Arab Emirates as the only countries censoring Wikileaks. We were not notified by ACMA."Comrade Conroy guest starred on ABC TV and made rather bemusing claims about the Russian Mafia hacking the web-page of the dentist in a pathetic attempt to justify why the blacklist filter had been less than “100% accurate”.
5) "Grants will also be offered to ISPs to voluntarily block other content."Perhaps the most nefarious line in the ABC article, WTF does this mean, block other content?
I think it's a good compromise between protection and freedom of expression. The commitments to transparency are a pretty good inclusion as well.And then there were the super delusional. -
Hmmmm reading most of these posts seems a lot of people are into the hard core porn, sexual abuse and the like, well what ever turns you on.... Remember it’s designed to protect young children and people who have a clean and decent outlook on life.Overwhelmingly though, about 343 from 350 comments expressed outrage and a desire to burn the government at the stake.
The Secretary of State may at any time by order impose a technical obligation on internet service providers if the Secretary of State considers it appropriate….The definition of a "technical obligation" and "technical measure" are inserted by clause 10:
A "technical obligation", in relation to an internet service provider, is an obligation for the provider to take a technical measure against particular subscribers to its service. A "technical measure" is a measure that— (a) limits the speed or other capacity of the service provided to a subscriber; (b) prevents a subscriber from using the service to gain access to particular material, or limits such use; (c) suspends the service provided to a subscriber; or (d) limits the service provided to a subscriber in another way.See - government-wants-new-powers
Schedule 5 - Online services This Schedule sets up a system for regulating certain aspects of the Internet industry.
• If the ACMA is satisfied that Internet content hosted outside Australia is prohibited content or potential prohibited content, the ACMA must:
(a) if the ACMA considers that the content is of a sufficiently serious nature to warrant referral to a law enforcement agency—notify the content to an Australian police force; and
(b) Notify the content to Internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard (for example, procedures for the filtering, by technical means, of such content).
• The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.
• The ACMA may make online provider determinations regulating Internet service providers.
If, in the course of an investigation under Division 2 of Part 3 of Schedule 7, the ACMA is satisfied that Internet content hosted outside Australia is prohibited content or potential prohibited content, the ACMA must:
Give each Internet service provider known to the ACMA a written notice (a standard access-prevention notice) directing the provider to take all reasonable steps to prevent end-users from accessing the content.
The ACMA may, by written instrument, declare that a specified arrangement is a recognised alternative access-prevention arrangement for the purposes of the application of this Division to one or more specified end-users if the ACMA is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end-users to prohibited content and potential prohibited content.
Industry codes and industry standards
• Compliance with industry standards is mandatory.
Matters that must be dealt with by industry codes and industry Standards
General matters
(1) The Parliament intends that, for the Internet service provider section of the Internet industry, there should be:
(a) an industry code or an industry standard that deals with; or
(b) an industry code and an industry standard that together deal with;
(j) subject to subclause (8A), action to be taken to assist in the development and implementation of Internet content filtering technologies (including labelling technologies);
(m) procedures directed towards the achievement of the objective of ensuring that, in the event that a participant in the Internet service provider section of the Internet industry becomes aware that an Internet content host is hosting prohibited content in Australia, the host is told about the prohibited content.
Other matters
(d) subject to subclause (8A), procedures to be followed by Internet service providers in dealing with Internet content notified under paragraph 40(1)(b) of this Schedule or clause 46 (for example, procedures to be followed by a particular class of Internet service providers for the filtering, by technical means, of such content).
(8A) If the Minister is satisfied that Internet content filtering is not viable in relation to access to Internet content using a particular device (for example, a mobile telephone handset), the Minister may, by legislative instrument, determine that paragraphs (1)(j), (k) and (l) and (2)(d) do not apply in relation to access to Internet content using that device.
Schedule 7 - Online services
11. Eligible electronic publication
For the purposes of this Schedule, if:
(a) content consists of:
(i) an electronic edition of a book, magazine or newspaper; or
(ii) an audio recording of the text, or abridged text, of a book, magazine or newspaper; and
(b) a print edition of the book, magazine or newspaper is or was available to the public (whether by way of purchase or otherwise) in Australia; then:
(c) the content is an eligible electronic publication; and
(d) the print edition of the book, magazine or newspaper is the corresponding print publication in relation to the eligible electronic publication.
Division 1 - Prohibited content and potential prohibited content
20. Prohibited content
Content other than eligible electronic publications
(1) For the purposes of this Schedule, content (other than content that consists of an eligible electronic publication) is prohibited content if:
(a) the content has been classified RC or X 18+ by the Classification Board; or
(b) both:
(i) the content has been classified R 18+ by the Classification Board; and
(ii) access to the content is not subject to a restricted access system; or
(c) all of the following conditions are satisfied:
(i) the content has been classified MA 15+ by the Classification Board;
(ii) access to the content is not subject to a restricted access system;
(iii) the content does not consist of text and/or one or more still visual images;
(iv) access to the content is provided by means of a content service (other than a news service or a current affairs service) that is operated for profit or as part of a profit-making enterprise;
(v) the content service is provided on payment of a fee (whether periodical or otherwise);
(vi) the content service is not an ancillary subscription television content service; or
(d) all of the following conditions are satisfied:
(i) the content has been classified MA 15+ by the Classification Board;
(ii) access to the content is not subject to a restricted access system;
(iii) access to the content is provided by means of a mobile premium service.
Eligible electronic publications
(2) For the purposes of this Schedule, content that consists of an eligible electronic publication is prohibited content if the content has been classified RC, category 2 restricted or category 1 restricted by the Classification Board.
21 Potential prohibited content
(1) For the purposes of this Schedule, content is potential prohibited content if:
(a) the content has not been classified by the Classification Board; and
(b) if the content were to be classified by the Classification Board, there is a substantial likelihood that the content would be prohibited content.
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