ISPs liable for Net porn in legal deal ~

[David.Goldstein@aba.gov.au]

FYI from yesterday's Australian newspaper.

Cheers
David
 ------------------------------------------------------

ISPs liable for Net porn in legal deal
By NICOLE MANKTELOW

13oct98
http://www.newsit.com.au/index.asp?URL=/techno/4223737.htm

INTERNET service providers may face liability for child pornography and 
other illegal online content after a series of top-level meetings on Net 
regulation in Australia.

The deadlock on Internet legislation appears over, after a two-year tussle 
between the Department of Communications and the Standing Committee of 
Attorneys-General.

The Department of Communications has backed down from its original stance, 
and now supports draft legislation that could make ISPs legally responsible 
for content passing through their systems.

"The sticking point between Communications and the Attorneys-General over 
one aspect - ISP liability - was unstuck two months before the election," a 
source said.

A spokesman for Communications Minister Richard Alston said there had been 
difficulties in finding the right wording for the legislation.

"We don't want ISPs to be liable for things they didn't generate, but it's 
hard to write the law to ensure ISPs do have some responsibility, at the 
right level," he said.

In July last year, Senator Alston and Attorney-General Daryl Williams 
announced a joint effort to work on principles for a national approach to 
regulate online services content.

An early document, titled Government Proposals for Regulating Internet 
Content, says "ISPs will only be liable under State and territory 
legislation to the extent that they are involved in the creation of 
content", and not for being the gateways to the Internet. The Communications 
Ministry backdown came after strong comments from Tasmanian independent 
Senator Brian Harradine on Internet content control, and his continuing 
crusade against pornography.

It is also a response to concerns in the community for child safety after a 
secret paedophile ring, Wonderland Club, operating on the Internet, was 
broken by police in September, resulting in two arrests in Australia.

Delays in legislating were allowing "people like Harradine to call for more 
draconian measures than circumstances warrant," the source said.

A spokesman for the Federal Attorney-General said the issue of ISP liability 
was complicated, and discussions aimed to find an appropriate "light-touch 
legal framework".

"It is recognised the roles of service and content providers are different," 
he said. "Service providers could be liable if they knowingly placed or 
allowed illegal material on their systems, or if after being informed they 
have not taken steps to remove such material."

The Internet industry claims legislation making ISPs liable is unworkable, 
raises concerns about free speech, and could stifle Australia's chances for 
online business.

The Internet Industry Association's director Peter Coroneos said the group 
was "looking forward to seeing draft legislation this year". "It needs to be 
there before we can implement our code of conduct," he said.

The industry code of conduct is in line with ABA recommendations for online 
content regulation.

The recommendations, which have been before Senator Alston for two years, 
are regarded by the Internet industry as a sensible program.
______________________________
David Goldstein
Research and Policy
Australian Broadcasting Authority

email:     david.goldstein@aba.gov.au
phone:    +61 2 9334 7938     fax:     +61 2 9334 7799
URL:        http://www.aba.gov.au
______________________________