06 August 2010
Australian internet filter dead in water
26 July 2010
The first casualty
14 May 2010
On preventing illegal content
Stephen Collins of EFA has a nice post to follow up Scott Ludlam's excellent speech to Parliament, in which he notes that the filter will not prevent child porn, and that there are more effective ways to deal with it. Here's my one-line summary:
The mandatory filter is a way to avoid having to do anything substantive about porn, because that would take effort, money and not get politicians a public profile.
The way to deal with illegal content is to prosecute, after police investigation. If that content is overseas, then contact the host nation. We all have pretty much the same goals.
This takes money, time, personnel, and will not get headlines in the Murdoch press, but it is the only way to deal with these crimes. It is also the only way that has worked in the past. If Conroy and Rudd really want to do this properly, then appoint more police and fund the states to have more police aimed solely at this sort of crime. Prosecute these crimes. Enact sensible laws against them. And most of all, stop hiding behind the Censorship Board. In fact, I think we would as a community be a lot better off if we abolished the Censorship Board entirely. It has shown itself to be easily manipulated by both political and special interests for decades.
Australia has become one of the most draconian of all democracies in its paternalistic control over what we can and cannot do and say. I am ashamed of my country's placing style over substance and passing off responsibilities to government and bureaucracies that should be taken up by individuals.
04 May 2010
Ludlam gets Conroy to admit the filter is useless
The money quote:
Folks, we're spending a lot of money to build a small empire for which the emperor has already declared failure; and yet he persists.
01 December 2009
Filtering to be run for the Christians?
Over at the EFA site, Colin Jacobs points out some worrying facts, like the Australian Christian Lobby getting briefed where the Rest of Us cannot be, about the Internet Filter. Here's what he said:
One of the reasons EFA so opposes the Government’s mandatory ISP-level filtering scheme, of course, is that once it’s in place, special interests will be knocking on the Minister’s door seeking to have their own bugbears addressed by the blacklist. Even if, on day one, the list is limited to the “worst of the worst” of violent, illegal material – which it won’t be – how long do you think it would be before AFACT’s lawyers are lobbying for BitTorrent trackers to be added? Even members of Parliament have gone on record with their own ideas of what should be banned, such as racist Flash games, Bill Henson photography or “pro-anorexia” forums.
Now, before the results of the pilot have even been released for public discussion, the Australian Christian Lobby are crowing about how they received a special briefing from the Minister himself on the filtering scheme. Although they say the pilot’s results were not discussed, they clearly received an update on the scheme’s planning, something the rest of us have long been denied. (When was the last time detailed policy information was made available to the public?)
We’ve written before about the confused nature of this policy. Will it act like a home-based filter, keeping age-inappropriate material from children? No. Will it prevent the trade in illegal child pornography? Not that either. We’ve been assured that the list will contain “almost exclusively” RC (refused classification) material, whatever that may mean. Could all adult material be grist for the blacklist? Previous indications have been that this is not the case, but with anti-filth crusaders receiving a special briefing in the Minister’s office, one might have doubts about whether the list might have more puritanical applications than have been disclosed so far.
After all, why should the minister be giving the Australian Christian Lobby, of all the possible stakeholders, a special briefing? They have a right to lobby for their members’ wishes, certainly, but they do not represent a very broad section of the community, and have demonstrated on many occasions an inability to grasp the policy and technological issues surrounding mandatory filtering. Even looking at it cynically, the ACL is hardly a bastion of ALP supporters. Is it because the ACL’s view on how the Internet should ultimately look is in line with the Minister’s?
The Greens have called for an explanation, but sadly if the Government stays true to form we probably won’t be getting one soon.
The Australian electorate demands transparent and evidence-based policymaking that represents broad community interests. EFA will be contacting the Minister’s office in order to get a meeting and again put our concerns with the plan on the record.
I warned you all this was coming. Now that Tony Abbott, the Catholic mouthpiece, is leading the Opposition, we are officially in a nation that is Christianised, and our politics will increasingly marginalise anyone who doesn't meet their religious standards. We are going to have to protest and take legal action to protect our freedoms.
24 November 2009
Well that kills the Greens for me
The father of the modern attempt to censor the internet in Australia has, in a stunning case of hypocrisy, attacked the Labor government for its secrecy over internet filtering. Yep, Clive Hamilton! But there's worse to come! The Greens have made him their candidate for the Higgins by-election!
Fuck 'em, I say. I will no longer touch or trust the Greens as a party if they can take that paternalistic religious fool as a candidate. I hereby take back every recommendation I have made about the Greens. He is the enemy of free speech and indeed of freedom in general. Ergo, so are they.
Sorry Bob Brown, you totally messed up, and the only thing that would redeem you is if you dropped him before the election is held.
22 September 2009
Conroy's memory lapse
Usually, when someone forgets on the stand some crucial bit of information, we call it evasion. A convenient lapse of memory has now been had by Stephen Conroy, who now says (in the Senate, no less) that he never intended to filter peer-to-peer internet traffic. Since this is how the child pornographers he is using as a convenient justification for government control over the internet in Australia will share their illegal pornography, what's the frigging point?
I don't usually quote entire articles, but this one is too good not to, from Zeropaid News:
Aussie Minister: “I Never Wanted to Filter P2P”
Written by soulxtc
Broadband Minister Stephen Conroy responds to criticisms that the proposed “mandatory voluntary” Internet filter would try to block BitTorrent and other P2P programs, though is a complete reversal from earlier statements.
Opposition to Australian Broadband Minister Stephen Conroy’s plan for a “mandatory voluntary” scheme of filtering the Internet to “protect the children” is taking another beating these days with criticism from the Green Party over his refusal to release data on what proportion of illegal net traffic the government’s filter would actually block.
In Senate Question Time last week, Greens Communications Spokesperson Senator Scott Ludlam asked Minister Conroy to what degree his plan would filter BitTorrent and P2P traffic. For after all, it was he who said last December that “technology that filters P2P and BitTorrent traffic does exist and it is anticipated that the effectiveness of this will be tested in the live pilot trial.”
Minister Conroy, apparently suffering from a case of amnesia, denied any pans to filter file-sharing traffic.
“As Senator Ludlam well knows, there has never been a suggestion by this government that peer-to-peer traffic would or could be blocked by our filter. It has never been suggested. So for you to continue to make the suggestion that we are attempting to do that just misleads the chamber and the Australian public, Senator Ludlam, and you know better than that. We are not attempting to suggest that the filter can capture peer-to-peer traffic,” he said.
Senator Ludlam said the Minister was either trying to hide some quiet goalpost-shifting or was simply unaware he had contradicted himself.
“Maybe the minister doesn’t read his own blog,” Senator Ludlam suggested.
He also said that if that’s the case then the whole “mandatory voluntary” scheme is more pointless than ever.
“We received another vivid demonstration yesterday of why people are right to be suspicious of this pointless waste of $44 million,” Senator Ludlam said.
“The Greens support measures that will achieve better protection for children from objectionable online material, but Minister Conroy reminded us again that the mandatory internet filtering scheme started out as ill-conceived and has just gone downhill from there.”
Stay tuned.
17 September 2009
Shock jocks on radio and decency
"At long last, sir, have you no decency?" That was the question that finally brought down that weasel Joseph McCarthy in his vile campaign to make anyone who was not right wing and equally vile isolated and marginalised in the US. His success can be seen in the present American vile right wing.
So Kyle the Vile Sandilands has been suspended for four weeks. Whooptifuckingdoo. Why hasn't he been banned from being on the media? For that matter, why wasn't John Laws, and why isn't Alan Jones and why aren't all the little Lawsies and Jonesies throughout the land?
Where's ACMA? Is it too busy telling adults what they can and can't play on their computers even if it's lawful? Why haven't they censored Jones, who initiated the race riots on air? Why? Well let's not forget that these guys get politicians into power and out, and the politicians know this. It's all about lobbying for influence. It's all about money.
ACMA ought to immediately revoke the license of any broadcaster or on air personality or producer that breaches the rules of democratic decency. When laws are broken, they should be charged and if at all possible jailed. But we'll never see that in this brave new lobbocracy. They have no decency. Just money.
Scientologists want to gag anonymous criticism
10 September 2009
Anonymous threaten dDoS against the federal government
It looks like the hacking group that attacked the Scientologists are going to do the same thing to Labor's government websites. I don't approve of this, because it means that Labor on the one hand will retreat into their shell and blame the hacking community for the ills of the internet. The best way to win this is for people to vote and protest. And on the other hand it is, after all, illegal, and the technology to do this will be used for both good and bad purposes; it ought not to be encouraged.
Meanwhile, the Christian lobby that is fronting this censorship proposal fails to respond to criticisms, as expected.
02 September 2009
On preventive censorship versus punishment
In the last few years, there has been an increasing tendency of so-called democratic governments to increase the amount of control they have over their population, under the guise of various "emergencies": terrorism, child pornography and of course a slightly more honest concern over property rights. Just today, the Australian attempt to mandatorily censor all internet feeds to eliminate child pornography has been attacked as ineffectual.
It is, of course, due to the technical nature of the internet, but that is, I fear, the wrong objection.
Cast your mind back to the end of the nineteenth century. The new communications technology then was the post and the telegram. Now, telegrams were sent, as it were, "in the clear" and so senders tended to be circumspect, but the mail then, as now, was private.
Suppose, in the light of terrorism from the anarchists and revolutionaries active at the time, the government said that it would open all mail and read it to ensure that no untoward things were being communicated, and what is more, the censors were not accountable to anyone but the presently elected minister, and in practice not even then.
Suppose that no rules as to what were prohibited were published, so as to not excite the population about forbidden fruit. Suppose that someone's mail could be intercepted and prevented from being received by agents of the government, and the sender would not even be told of this.
Would this be acceptable? I suggest it wouldn't, then or now, and the Kafkaesque nature of such draconian censorship would not be ameliorated by the claim that it was in order to protect the innocent. One can envisage an Edwardian Labor minister of the day holding his coat like a barrister as he accused opponents of the censoring of mail of not wanting to protect the children.
The fact is, even if mandatory filtering were possible technically, this is a kind of Stalinist statism, or a fascism. It suggests that the population is not able to make choices properly, and that it is up to the politicians and administrative arms of government to do it for us. It also suggests that one should punish before the act that is sanctioned is committed, like a Minority Report style interdiction.
If an act is rightly condemned – such as murder – it is the government's duty only to punish those who transgress. When the crime is committed, then the law comes into effect. If there is no crime, the law has no role to play in the lives of citizens going about their lives. What mandatory censorship does it invert this: before there is a crime, you will be held accountable.
Worse, powers held by governments must be balanced and checked to prevent abuse. But this is completely unchecked. We are expected to think that not only this minister (who I personally wouldn't trust to run a chook raffle), but all subsequent ministers and prime ministers and lobbyists and police and bureaucrats and indeed anyone who might prejudice the process is honest and competent.
Did we not learn anything from the past three centuries? Star Chambers? Monarchical absolutism? Special Branch? Intelligence agency failures? Does none of this ring any bells? No? Then get the hell out of power, because you have no right to be doing this, Conroy.
I would once have expected those who are on the conservative side to protect individual freedoms from such statism, but these days they are as much at fault, in Australia as anywhere else, of abuses of power and control as the other sides of the political paddocks. I applaud that Senator Minchin (no relation to this guy, I think) is on the ball about the technical stupidity of filtering, but I really want to see him follow the Greens and attack it for being wrong in principle.
And non-Australians? Watch out. This is coming your way. The UK is already highly controlled, and other countries are going to try it if it works anywhere. The Chinese have dropped the mandatory aspect of their Green Bank filtering, but Malaysia is trialling it now, and it's not a long leap to European and New World countries doing it. All it takes is a little bit of paternalism.
Won't somebody think of the children when they grow up?
14 August 2009
*China* is smarter than Kevin Rudd
Because they will make their internet filtering optional. You know, personal choice and freedom optional?
13 August 2009
The Malaysia PM is smarter than Rudd
He, at least, realises that an internet filter will not work to stop child porn.
29 July 2009
More tales of incompetent filtering
So, the NSW Education Department put internet filters on school computers. The outcome? Students may access porn sites, but not educational or government sites.
Lesson #1: anything administered automatically can be mistyped...
Meanwhile, gay groups are waiting to see if their [legal] sites are going to be barred. They have every right to be concerned.
Lesson # 2: If bureaucrats are the ones who choose what the people may see or do, they will blindly follow badly written guidelines.
As you were...
09 July 2009
Censordyne for a clean internet
GetUp has an amusing and pointed "ad" here. Go see it. Contribute also,
07 July 2009
Paul Syvret nails it
At The Courier Mail no less:
It's idiocy. Offer, and that means offer not impose, filtering for children's net use by all means but let adults decide for themselves what they want to watch, play and talk about, or buy online.
When even a News Unlimited paper can say it, it's freaking obvious, right? Nah. Labor will continue as before, you watch.
02 July 2009
How to tell if your country is illiberal
When the People's Republic of China is less censorial censorious than your own country, you might be living in an unfree country.
The PRC has bowed to demands by its own users and not put the Green Dam Youth Escort internet filtering software mandatorily on every computer sold in its borders.
Meanwhile, it turns out that the Great Wall of Australia will filter out adult games, including Second Life. Even the Christians recognise this is more draconian than censorship in China. These games aren't illegal, mind, just unclassified, because there is no adult classification category in the Censorship Board scheme, and the filter will block all RC (refused classification) games irrespective of why. This includes accessing Second Life domains, as well as downloading the game, which can still legally be bought in person.
Have we had enough of teh stoopid yet?
27 May 2009
Conroy shifts ground. Film at 11
Smartcompany magazine is reporting that Conroy has shifted ground in a Senate estimates committee meeting. I'm shocked! Shocked! I say. [Late note - Christians upset, film at 12]
Communications Minister Stephen Conroy said in a Senate estimates committee yesterday that the Government could take two approaches to introducing a scheme, one mandatory and one voluntary.
"Mandatory ISP filtering would conceivably involve legislation ... voluntary is available currently to ISPs," Conroy said.
"One option is potentially legislation. One other option is that it could be (on a) voluntary basis that they (ISPs) could voluntarily agree to introduce it."
The comments are the first indication that the Government would consider a voluntary code, after having spent the last 18 months declaring the filter would be mandatory for all ISPs.
Senator Conroy has scaled back some elements of the filter recently, including changing the definition of content to be blocked from "unwanted content" to "content that is refused classification".
What happens when an ISP refuses to introduce "voluntary" filtering? Will the ACMA then prosecute that ISP at a threat of $11,000 per day if it allows links to sites with "refused classification" content, as it is doing now, to chilling effect upon freedom of speech?
Meanwhile, Conroy said in the same hearing that the Government is "considering options for greater transparency and accountability in respect of the blacklist".
A regular review of the list by a committee or independent panel may be formed, as well as a regular review of complaints made about the list.
Oh yeah? We're going to have representative oversight, access to the list to independently check it for errors, notifications to content providers that they have been filtered, and a complete independence from political (i.e., religious) interference? Sounds remarkably like the Howard government's filter... as if anyone is surprised.
Here's the Hansard transcript:
ENVIRONMENT, COMMUNICATIONS AND THE ARTS REFERENCES COMMITTEE
Senator LUDLAM—... What is the process of getting off the blacklist for somebody who finds themselves on there? Can you appeal your appearance on there or is a site notified? There are a couple of examples that have been used.
Senator Conroy—This is the blacklist that has existed for nine years that you are talking about?
Senator LUDLAM—That is correct, yes. What is the process for getting off that if you are put on it inadvertently or if somebody has hosted material on your website that you were not even sure was there?
Ms O’Loughlin—Generally, if somebody came to us in the first instance to say that they felt that they were on the blacklist for a reason that they did not understand then, of course, we would look at the matter.
Senator LUDLAM—How would they know that they are there? The list is secret and we are not meant to know what is on the list.
Ms O’Loughlin—That is an issue. There are two parts to the scheme itself. Firstly, for those sites we find prohibited located in Australia, their hosts receive a takedown notice, so they are very much aware.
Senator LUDLAM—That is right. It is the overseas hosts.
Ms O’Loughlin—It is the overseas hosted. Very rarely do we receive any correspondence. In fact, it is quite often difficult to find overseas hosts and overseas providers. There is no requirement under the current act for us to notify overseas based providers when we do add them to the filter. The concern over the last few months has been some websites when we have investigated them that have had links through to child abuse images which have been placed there. Their sites have been hacked. They have been placed there by other parties. A couple of months later, in most of those cases, you will find that they came off our blacklist. In those circumstances it is quite difficult for us because often, particularly if it is child sexual abuse imagery, we have referred those to law enforcement agencies and it is really incumbent on us not to do anything with those sites until law enforcement agencies have finished their investigations. It is quite a difficult area for us. We try to handle it by this regular review that we do of the URLs to make sure that if those links no longer provide access to prohibited content we remove them as quickly as we can.
This is a very interesting exchange (and bless Ludlam for taking this cause up - the only one to do so. Because of him, I am probably voting Green henceforth, as the sole opposition party in place right now). O'Loughlin (Ms Nerida O’Loughlin, General Manager, Industry Outputs Division of the department) is forced to note that people can only find out if they have been blacklisted if their ISP notifies them, and that even then it can take several months to rectify (this can cause a business to fail, by the way, if they have been hacked).
Shortly afterwards, Conroy says
Senator LUDLAM—You cannot be held responsible for what people may have done with it once it was leaked.
Senator Conroy—The Broadcasting Services Act sets out the regime which requires ACMA to assess online content. It also sets out the mechanism for the ACMA black list, and this has been in place since 2000, as I have already mentioned. The government is considering options for greater transparency and accountability in respect of the black list. It is not possible to publish the list as it contains links to child sexual abuse material and this would be a criminal offence. We are considering options which could include a regular review of the list by a panel of eminent persons or a parliamentary committee or a review of all URLs by the classification board. These issues will be considered along with the pilot trial on filtering before the government makes final decisions on the implementation of the new policy.
Senator LUDLAM—Can you tell us what you are reading from there? Is that a press release or is it an internal document?
Senator Conroy—No, it was my notes.
So now we have policy being made on the fly... again.
Ms O’Loughlin—If I can just add also that any person who is adversely affected by our classification decision can apply for review of the decision to the Commonwealth Ombudsman or the Federal Court obviously. Where we have gone to the classification board for an assessment they can also go to the review process through the classification review panel board as well.
Senator LUDLAM—I guess I would go back to where I started with this, which is that because the list is secret for the reasons that you have both outlined, certainly in the case of the examples that I just mentioned, they were not aware that their sites had been hacked until they read about it in the media. Because the list itself is secret your rights of appeal are a bit limited.
Conroy then reverts to the bullshit he delivered on the SBS Insight program, that obviously one of the victims knew he had been hacked and had fixed it, which ignores Ludlam's point entirely. This guy is a sleazy piece of crap. You can read the whole thing here.
08 May 2009
More on the ACMA censorship of political content
The Register has a good piece here. They note that this means that even linking to content rather than having it is sufficient to attract the $11,000/day fine, and ask how many hops are sufficient to be OK. If I link to a site that links to a site that links to the offending (in this case anti-abortion) site, am I liable? This gets more fucking ridiculous by the day.
05 May 2009
Political censorship of internet linkage begins in Australia
The host ISP of Electronic Frontiers Australia has been served a take-down notice for linking to an R-rated "blackbanned" site, itself not in Australia, in a page that was a political comment on the merits (or demerits, rather) of mandatory internet filtering in Australia. I put the entire text of their notice below. This is exactly what we were told would never happen by the minister. It is exactly what everybody who ever thought for ten minutes on the subject knew would happen.
EFA gets link removal notice
Posted by Colin Jacobs | Censorship, Mandatory ISP Filtering | Tuesday 5 May 2009 3:14 pm
EFA’s web hosting provider was today the recipient of a Link Deletion notice from ACMA for an article on our web site ironically entitled “Net censorship already having a chilling effect“. The original article included a link to a page at abortiontv.com that includes graphic images and was previously added to ACMA’s blacklist for being “R-18+”-level material. (For more information on the ACMA net censorship system, see here and here.)
There are many reasons why this should alarm Australian net users. Most significantly, the link was part of a political discussion about the merits of the existing and future Internet censorship policies. The link was offered as a demonstration of the sorts of controversial content that could and would be included in any such proposal. No “offensive” material was included on our site itself. Nevertheless, we were forced to remove the link on pain of severe penalties.
To be clear, EFA published only a link to a page that is hosted overseas and is on ACMA’s prohibited list. Viewing the potentially R-rated page itself is not in any way illegal, and no system is yet in place to enforce the blocking of such web pages. One may well wonder why a link to a legally viewable page should draw the threat of legal sanction while the content itself remains visible. Because the link was on a web page hosted in Australia, the hosting provider - not EFA ourselves, who have more control over the content - falls under Australian legal jurisdiction and could be so served. What this accomplishes is uncertain.
This system, which costs Australian taxpayers millions each year, is clearly unworkable. Because the content is hosted overseas, it remains untouched by ACMA’s directives. Any links or commentary on prohibited content can be protected by the simple expedient of posting it on a web site hosted overseas. No letters from the Australian media regulator, issued months after complaints are filed, will reduce the availability of such material. If a link to a prohibited page is not allowed, what about a link to a link? At what number of hops does a hyperlink become acceptable?
This is a textbook case that demonstrates that there is no sharp dividing line between “political” speech and other content. At the edges of public policy are issues which will inflame passions and lead to images, video and words that are offensive to many people. Trying to stamp these out, especially on the Internet, not only diminishes our democracy but is pointless and paternalistic to boot.
On the Internet, a discussion about some information is often barely distinguishable from the information itself. The current ACMA censorship regime accomplishes little apart from achieving a Howard-era political objective, and makes it clear how far behind the curve political thinking is when it comes to the technical realities of the Internet. We now seem set to move to a new stage where the perceived shortcomings of the current system are to be remedied by legislation making the blocking of overseas content mandatory. It goes without saying that such a block will be easily circumvented by those with the motivation, and material of genuine political interest will find a way to proliferate despite the ban. It is average Australians who will be left wondering what they should and should not be viewing, and not know what controversial material has been deemed unacceptable by the censors.
With fines of up to $11,000 per day threatened against our hosting provider, we have little choice but to comply with ACMA’s directive. However, we are investigating an appeal of the order on the grounds that it stifles a legitimate political discussion on the merits of the Government’s internet censorship policies.
Full text of the LDN here.