[LINK] Fwd: [PRIVACY] [apfma] itN: Gov't opens inquiry into S313 blocking

[Jan Whitaker]

To: apf-media-archive at lists.privacy.org.au

["The Committee invites interested persons and organizations to make
submissions addressing the terms of reference by Friday 22 August 2014."

http://www.aph.gov.au/Parliamentary_Business/Committees/House/Infrastructure_and_Communications/Inquiry_into_the_use_of_section_313_of_the_Telecommunications_Act_to_disrupt_the_operation_of_illegal_online_services]



Govt opens inquiry into website blocking
Author: Allie Coyne
Published: July 17, 2014
Source:
http://www.itnews.com.au/News/390037,govt-opens-inquiry-into-website-blocking.aspx


Updated: Section 313 comes under scrutiny.

The Federal Government has opened a parliamentary inquiry into a
controversial section of the Telecommunications Act which allows law
enforcement agencies to block websites.

The committee, established on Wednesday, will investigate whether
Section 313 of the Act is being used appropriately by agencies such as
the Australian Federal Police to disrupt illegal online activities.

The controversial powers have been the subject of criticism after the
Australian Securities and Investments Commission last year admitted it
inadvertently blocked 250,000 websites in an effort to block just 1200
while using the section.

The provision of the Act has been in place for almost 15 years, but law
enforcement agencies including ASIC and the AFP - along with another
agency whose identity has been kept secret for "national security"
reasons - started using the law vigorously from 2012.

The AFP used the legislation to block 21 websites which had been listed
on Interpol's 'worst of' list of child abuse websites between June 2011
and February 2013.

Section 313 notices allow law enforcement agencies to request
telecommunications companies to block websites believed to be involved
in illegal activities. Agencies using the provision are not currently
required to be transparent about its use.

“How law enforcement agencies use section 313 to request the disruption
of such services is an important public policy question," the
committee’s terms of reference state.

"Section 313 is also used for other purposes, but the committee will
inquire solely into and report on government agency use of section 313
for the purpose of disrupting illegal online services."

The committee will consider which government agencies should be allowed
to use Section 313, what level of authority such agencies will need to
request to use it, what types of illegal online activities should fall
under the provision, and how transparent and accountable those using
Section 313 should be.

It will accept submissions until August 22, and expects to make a final
report in July next year.

The panel is made up of ten members - six Coalition MPs, three Labor MPs
and Clive Palmer - and is chaired by Queensland Liberal MP Jane Prentice.

Greens Senator Scott Ludlam, a vocal critic of the use of the notices,
said the Government should be commended for recognising the importance
of the issue and the public interest in disclosing how agencies are
interpreting their legal powers.

He said while he was sceptical of a Government-dominated committee
inquiring into government policy, if evidence pertaining to how the
notices are being used is disclosed as a result of the committee’s
inquiries, then the exercise would prove its own worth.
“There are two things that could come out of this that would be positive
- transparency on when and how they are used, and very tight constraints
on their use,” he told iTnews.

Search giant Google weighed into the debate around Section 313 in March
this year, criticising the AFP and ASIC for "abusing" the Act to block
websites.

It said law enforcement agencies had been intepreting the provision more
widely than intended, and called on the Government to repeal the
"outdated" legislation.




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jwhit at janwhitaker.com
Twitter: JL_Whitaker

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