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Alston
- Big Brother? Or a Brave New World
Censorship...
Say
the word Censorship in mixed company and within
thirty seconds you can usually create a pretty
realistic simulation of a war zone; so when Senator
Alston's Internet regulation proposals hit the
streets, or rather, went online, there was bound to
be a reaction.
I
discussed the issue with a work mate who actually
marched against censorship in the seventies and to
my surprise, he was all for it.
"You
can never have too much censorship."
I
staggered to my chair. He felt that it was about
time the internet was pulled into line. I certainly
don't have a problem with people not having access
to things that are illegal in this country. You
can't tell me that I have a "right" to look at
child pornography. You can't tell me I have a
"right" to buy weapons or learn to build bombs to
slaughter my neighbours just because I can't deal
with relationships in a normal mature manner.
Being
a great fan of "Frontline" I am very skeptical
about what the media et al think I have a "right"
to know. Thus, I was reticent in lending my support
to the Alston bashers - much as it hurts me to
support any politician!
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A
summary of the Bill
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After
reading the Bill these are the main points
as I understand them: (local refers to
ISPs, hosts or whatever located in
Australia, ABA= Australian Broadcasting
Authority)
In
brief:
The
Bill proposes that material posted on the
internet be subject to the same rules and
regulations in place for broadcasting in
this country. This will, by nature
restrict the access ot material deemed
unsuitable for children or
illegal.
Included
in this category are online games and
anything that could be classified as a
film under the definition used by the ABA.
Material
being targetted is that which
has
:
- NOT
been Classified by the ABA (it can be
classified if required)
- Refused
Classification
- Classified
R or X
What
happens if material of this kind is found
on a local Local ISPs?
- ISPs
will be investigated and if the ABA are
satisfied that the material is
unsuitable, then the ISP will be served
with an interim notice to remove the
material
- A
final notice will be served to remove
the material
What
happens next is either the material will
be removed, or the police take
over.
What
happens if the material is NOT from a
local source?
- Local
hosts will be held accountable, as per
local ISPs
- Local
ISPs will be required to filter the
source of the material.
- Federal
police will be notified...
How
does the ABA find out about this
stuff?
- Anybody
who finds something "offensive" or
illegal or dubious may make a complaint
in writing.
- The
ABA investigate the complaint to see if
it is valid under the terms of the
Bill
Appeals:
- You
can appeal against a finding of the
ABA
Reclassifications
can only be done after a period of 2
years, unless exceptional circumstances
are involved.
I
think these are the main points of the
Bill.
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Regulation
In
attempting to regulate this young but dynamic
industry, Senator Alston is really venturing into
unknown territory and has hit the turmoil
associated with all such ventures into the
unexplored void. There has never been such a vast
network of information available in the history of
the world, so it is not surprising that legislators
are somewhat on the back foot on this issue, given
that they still seem to have trouble legislating
for issues that have been with us for hundreds of
years, but that's another story.
I was interested to see the violent reactions that
the Bill has provoked. (Though I do wonder how many
of the dissenters have actually sat down and waded
through the 22 or so pages of it!)
The legislation seems largely aimed at regulating
and forming some kind of standard for material and
services available to Australian users in much the
same way that other media are currently regulated.
At least the legislators finally recognise the
electronic media as a valid transmitter of
information and not just a gimmick as seems to have
been the case in the past.
In theory, this should ensure a high quality of
service from ISPs and a measure of protection for
minors in terms of access to material deemed
undesirable. Few people would suggest that they
would like their child to see some of the material
currently circulating on the net. The problem is,
parents and carers can regulate (to a reasonable
extent) and guide minors in terms of the TV they
watch and the printed material they have access to.
(The protesters are silent on the issue of
television censorship.)The net is much harder to
monitor due to the anonyminity of the user.
Making ISPs accountable for what is on their
machines probably a good idea in terms of policing
the legislation; each ISP will become a watchdog
for fear of the consequences! Hopefully, if you
don't break the law you have nothing to fear.
However, what of sites originating in countries
whose laws are not the same as ours? Here we must
go global, still a difficult concept for most
people, who never leave the omnipotence of the
universe contained in their own head. This opens up
a whole new set of problems where country based
laws are no longer effective due to the very nature
of the internet. Appearing on the ABC's 7.30 report
on the 3rd of May, Senator Alston seemed unable to
describe just how the censorship or filtering of
non-Australian sites would work, suggesting that
like the majority of people in charge of this kind
of issue, his understanding of how the internet
works is somewhat limited.
Although Senator Alston no doubt means well, the
problem with the Bill is its methodology and it is
this that has the screamers furiously protesting.
It seems that the blocking of sites remains key
word based, which we all know has a high margin of
error.
A case in point: my current employer's server
refused access to an article about the effects of
acid-rain on forests. Presumably the word "acid"
might have certain illegal drug connotations! (Or
was there a bare bummed hippy tied to a tree
somewhere in there?)
I have always felt that one of the great things
about this country was the protection of its
citizens in a sensible way, without all of the
silliness and aggression that is evident in some
other countries where so-called civil-rights are
abused, reinterpreted or ignored. Whatever happens
on this issue, I doubt very much that it will
result in the end of civilisation as we know
it.
All those who oppose the Bill can take heart in the
fact that a certain independent Senator is unlikely
to support it... because it doesn't go far
enough!!
Read
the proposal for yourself and make up your own
mind.
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