[LINK] Google accuses agencies of abuse of s.313

Roger Clarke Roger.Clarke at xamax.com.au
Thu Mar 6 15:47:26 AEDT 2014


Google accuses AFP, ASIC of abusing takedown laws
Allie Coyne
itNews
Mar 4, 2014 6:21 PM (13 hours ago)
http://www.itnews.com.au/News/373995,google-accuses-afp-asic-of-abusing-takedown-laws.aspx

Lobbies the Government for amended legislation.

Search giant Google has hit out at the Australian Federal Police and 
corporate regulator ASIC over the use and abuse of powers in the 
Telecommunications Act to block websites, with the IT giant calling 
on the Government to repeal the 'outdated' laws.

In documents recently released to the Department of Communication's 
freedom of information log, the federal police agency and the 
corporate watchdog both signalled an intention to continue to use the 
controversial section 313 of the act, despite ASIC having revealed it 
had accidentally blocked over 1000 websites last year in an attempt 
to take down just one.

The AFP used the legislation to block 21 websites between June 2011 
and February 2013. It reported that these sites had been listed on 
Interpol's 'worst of' list of child abuse websites, the FOI document 
stated.

ASIC made requests to block ten websites between June 2012 and April 
2013. A third agency was revealed in May last year to have also used 
the controversial section but its identity has consistently been kept 
a secret.

The agency in question falls under the Attorney-General's portfolio, 
former Communications Minister Stephen Conroy confirmed last year. He 
cited "national security" concerns for not revealing the agency's 
identity.

In a December submission to the Department of Communications on 
reducing the cost of regulation in the communications sector, Google 
head of public policy Iarla Flynn complained that Australian law 
enforcement agencies had been interpreting the legislation more 
widely than intended.

"It appears that this law has been interpreted broadly by various 
Australian government agencies to include the take down of websites 
that are deemed illegal," Flynn said in the submission.

"Google believes that section 313 does not contain sufficient 
safeguards, and could potentially impact significantly on the 
availability of information and content on the internet through the 
over?broad blocking of websites."

Flynn said it was "essential" the Government implement measure to 
ensure transparency in the blocking or removing of website by 
government agencies.

"Consideration should be given to whether s.313 should remain in the 
Telecommunications Act or whether a similar obligation with 
sufficient oversight be co-?located with other national security 
powers."


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 6916                        http://about.me/roger.clarke
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University



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