[LINK] Green light for internet filter plans

[stephen at melbpc.org.au]

It appears that if the film industry (AFACT) win their current iiNet ISP
court case, then ISPs will be forced to implement filters. Maybe Senator
Conroy has inside info that AFACT may indeed win, and hence, is 'getting
in early' regarding widescale Aussie ISP filtering?

www.itnews.com.au/News/157541,background-film-industry-vs-isp-iinet.aspx

And: Film industry wants iiNet to block Pirate Bay access

By Ry Crozier Nov 5, 2009 11:20 AM
www.itnews.com.au/News/159823,day-14-film-industry-wants-iinet-to-block-
pirate-bay-access.aspx


The film industry will seek Federal Court orders to force ISP iiNet to 
block its customers from accessing websites such as the Pirate Bay should 
it win the civil case currently underway.

In a controversial start to the morning session, the film industry's lead 
barrister Tony Bannon provided the court with a brief demonstration of 
the Pirate Bay website.

"[The question is] whether iiNet would have any desire for its customers 
to be accessing a site when the only purpose it serves is providing a way 
to download unauthorised copies of films?" Bannon put to Malone, 
prompting an objection from iiNet's barrister.

The "desire" of iiNet's customers to visit particular websites was "quite 
irrelevant" to the case, iiNet barrister Richard Cobden alleged.

Justice Cowdroy also questioned the relevance.

Bannon responded: "We do seek blocking orders if we're otherwise 
successful [in the case]. "We will seek an order that iiNet be ordered to 
block access to certain sites and this is one of those sites.

"We seek Mr Malone's position as to whether or not his customers should 
have access to sites such as this."

Bannon added, after given a further opportunity to clarify his line of 
questioning in relation to the objection, that he wanted to give Malone 
an "opportunity" to tell the court he [Malone] wanted customers to still 
have access to the Pirate Bay and similar sites.

After further legal argument, in which Bannon alleged the Pirate Bay 
website accounted for "about 50 percent of instances of infringement" in 
the case, Bannon withdrew the contentious question.

He continued, re-phrasing: "You've certainly taken no steps to block 
access of any customers to the Pirate Bay site, do you agree?"

"Yes," Malone stated. "We don't have the technical capability to do it 
today."

"Do you accept that you can acquire the technical capability?" Bannon 
pressed.

"To do a very naïve block of certain websites, to ‘blackhole' them, could 
be achieved with additional equipment," Malone alleged.

"I know this because we would have needed it to participate in the 
Federal Government's internet filtering trials."

But Malone said the technology could be "trivially bypassed" by customers.
--

Cheers,
Stephen