[LINK] APF Media Release: Internet Censorship Bill

[Roger Clarke]

The Australian Privacy Foundation today expressed disbelief about the 
Comms Legislation Amendment (Crime or Terrorism Related Internet 
Content) Bill 2007: 
http://www.privacy.org.au/Media/MR-IntCens-070920.pdf


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 
content.

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 
is unnecessary.

"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 
Parliament?".



                          Background Information

Communications Legislation Amendment (Crime or Terrorism Related Internet
Content) Bill 2007

http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=2686&TABLE=BILLS


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 
Thursday 14th.


-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
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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