ISPs liable for Net porn in legal deal

[Philip Argy]

I think there has been too much hyperbole on this subject.

I have held back given that the subject has been the focus of multiple 
Senate Committee enquiries/submissions and many many reports and 
enquiries by many arms of Government over recent years.

Despite what Senator Harradine would like to happen, my present 
perception is that an ISP's actual knowledge and control, together with 
the opportunity to take removal action, are elements that will have to 
be present before the existence of banned material on a site to which an 
ISP affords access will create liability.

I agree we have to remain vigilant to ensure that the above principles 
are embodied in legislation but for the time being I don't think it's 
helpful for people to rush off and behave as if everything we've worked 
towards in the last few years is going to be totally disregarded.

Perhaps I'm an eternal optimist, but I think there's a rational basis 
for my optimism.

Philip Argy
Chairman
Economic, Legal & Social Implications Committee
Community Affairs Board
Australian Computer Society


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