[LINK] APF Media Release: Internet Censorship Bill
Roger.Clarke at xamax.com.au
Thu Sep 20 16:09:50 EST 2007
The Australian Privacy Foundation today expressed disbelief about the
Comms Legislation Amendment (Crime or Terrorism Related Internet
Content) Bill 2007:
The Australian Privacy Foundation today expressed disbelief that the
government of any country in the free world could table a Bill of the
kind released this morning.
Without prior warning, the Government, through Senator Coonan, is
proposing to provide the AFP with powers to censor the Internet.
A perhaps even worse aspect is that ISPs throughout the country are
to be the vehicle for censorship, by being required to block Internet
These draconian powers would apply to a vast array of content which
the AFP may "have reason to believe" "induces" or "facilitates" any
criminal offence, or is even "likely to have [that] effect".
An adviser to the Minister said that justification for such measures
"This Government's extremism has reached new heights today", said the
Chair of the Australian Privacy Foundation, Roger Clarke.
"How can a politician claim the right to hold office if they set out
to undermine the critical democratic right of freedom of speech, and
blatantly decline to evaluate the impact of measures put before the
Communications Legislation Amendment (Crime or Terrorism Related Internet
Content) Bill 2007
The key clause:
If the AFP Commissioner has reason to believe that Internet content
is crime or terrorism related content, the ACMA must 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 key definition:
crime or terrorism related content means ANY OF "[content that]
encourages, incites or induces the commission of a Commonwealth
offence", "[its] purpose ... is to to facilitate the commission of a
Commonwealth offence", OR "[content that] has, or is likely to have,
the effect of facilitating the commission of a Commonwealth offence"
The Bill was not visible in the Lists of Bills at close of business
on Wednesday 13 September, but was tabled during the morning of
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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