[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on the Government to repeal the 'outdated' laws.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."
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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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