[LINK] using a carriage service to menace, harass or cause offence?

[Roger Clarke]

At 11:39 PM +1000 6/5/11, Kim Holburn wrote:
>http://www.theaustralian.com.au/news/nation/new-internet-law-to-be-tested-by-skype-sex-claims/story-e6frg6nf-1226047248774
>>  The broad offence is designed to punish "online conduct that a 
>>reasonable person would find to be ... causing offence".

Leaving aside the questionable grammar, a large proportion of human 
communication can be argued to 'be causing offence'.

And some of us may be at particular risk ...

I've searched the Crimes Act and the Telecommunications Act, for the 
full string "online conduct that a reasonable person would find to be 
menacing, harassing or causing offence", and for "online conduct", 
without success.

It would be handy to know the Act and Section, and the Amendment Act 
that created it, and then find and check the Second Reading Speech. 
I have no memory of such a nitwit clause ever being publicly 
discussed.


-- 
Roger Clarke                                 http://www.rogerclarke.com/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
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Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University