Planned US anti-piracy laws a draconian mess

By Kim Heitman, EFA Secretary

The battle over proposed anti-piracy bills in the US is not just about Hollywood versus the internet, it is a fight between the past and the future. It also throws up a real danger that the laws could become an easy way to silence critics.

Internet sites such as Wikipedia, the user-built online encyclopaedia, yesterday "blacked-out" in protest against the two bills going through the US Congress.

The websites hope to draw public attention to the draconian provisions of the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA).

Internet experts say the laws would allow owners of copyrights or trademarks to shut down US websites; block foreign websites or freeze online banking accounts without judicial order. Infringers would be liable to massive new penalties and criminalisation of harmless activities such as uploading video clips of members of a family singing copyrighted songs.

See the whole article at The Age.

Melbourne event: War on the Internet

War on the Internet

Update: videos from this event are now available at: http://vimeo.com/efaoz

Update: Julian Assange is recording a video that wll be played at this event.  For anyone unable to attend, we'll be streaming the whole event here: http://www.livestream.com/efa_oz

Electronic Frontiers Australia, in partnership with the Australian Greens, is proud to present:
War on the Internet, an event featuring:

  • Jacob Applebaum - leading computer security researcher and hacker
  • Bernard Keane - 'Crikey' journalist and author
  • Scott Ludlam - Senator for Western Australia and Greens spokesperson for Broadband, Communications and Digital Economy
  • Suelette Dreyfus - author and researcher on whistleblowing

When: Saturday 21st January 2012, 3.00 - 5.00pm

Where: Trades Hall, Corner Lygon & Victoria Streets, Carlton, Melbourne 3053

Read more ... »

In principle support of R18+ rating for video games

Some of EFA’s campaigns, such as fighting against the Internet Filter and pushing for a R18 rating for video games, can be seen as long-term goals. We’ve been fighting them for a number of years and sometimes it can be difficult to see light at the end of the tunnel, no matter how hard we try or how logical our arguments seem to be.

Today we’ve made a significant step towards one of those goals, the government has announced in-principle support for introducing a R18 rating on video games; this means that its introduction is now all but certain and we could see it being implemented within months.

Part of the why it has taken so long is the result of how difficult it is for changes to censorship laws to be conducted inside Australia. The decisions ultimately come down to the Attorney Generals of each state and territories who must all agree unanimously. Decisions such as these are typically made at the Standing Committee of Attorneys-General meeting (SCAG) which only occurs three times a year. As you’d know, the Attorney General in each state is appointed by the majority government of that state. As a result, the list of active Attorney Generals is in a constant state of flux as each state and territory changes government in elections.

Historically we’ve have had some Attorney Generals in strong support of the reforms and others in strong opposition, but in many cases those in support have lost office before they’ve convinced their counterparts in the other states. Getting all our ducks in a row, as it were, was a seemingly impossible task.

So what’s changed? The Gillard government has come out in strong support of the introduction of the R18+ rating essentially saying that they’d planned to go ahead regardless of what the state Attorney Generals thought. Indeed there hasn’t been unanimous support this time around either with New South Wales failing to fully commit claiming they haven’t had enough time to form a viewpoint (despite the fact this topic has been out in public debate for years).

Consequently new games rated as R18+ by the Australian Classification Board will be banned under current New South Wales law, but these changes make it possible for that state to address the law in their own time, rather than holding back the rest of Australia.

South Australia have also put forth an interesting position where they support the R18 rating but also wish to eliminate the MA15+ rating for video games entirely within their state and place any games currently falling within its guidelines inside the new R18 rating. They claim the reason for this is so that parents have a clearer understanding that R18 means ‘not suitable for children’ and that parents are currently confused by the current MA15+ classification. The important thing to note is that, like New South Wales, these changes only have effect within South Australia.

Regardless of the positions of these two states this decision allows their debate to be restricted to their individual state borders and not hold back the reforms for the rest of Australia. It will also make it easier for people within those states to lobby more effectively.

There is, however, room to be cautious as the Australian Christian Lobby (ACL) has published a press release cautiously welcoming the decision. This will come as a surprise to those who have been following the debate as they have traditionally been one of the largest groups opposed to these reforms (despite the fact their view are shared by only a fraction of Australians).

The ACL feels that rather than allowing previously banned games to be available under the R18 banner, they will remain in the Refused Classification bracket and remain illegal to be sold. Is this going to be the case? We’ll have to wait and see how exactly it’s implemented, but make no mistake, we’ve taken a very positive step today.

Ultimately the thanks for the introduction of the R18 rating fall to one particular group of individuals: you. The only reason that these reforms have been made possible is that people, just like you, have tirelessly campaigned in the face of seemingly impossible odds. It is this campaigning that has made the Gillard Government push forward and ultimately secure the commitment of the individual Attorney Generals.

Congratulations all, you did it.

New domain names on the way

At last weeks ICANN meeting in Singapore, the ICANN board made a historic decision, to go ahead with a program of creating many new top level generic domain names, and EFA was there. A top level domain is one at the top level of the domain system (a name like .com, or .org, or .au), and a generic name is a name that isn't a country code domain (e.g. a name like .com, rather than a country specific name like .au or .uk). What it means is that we can expect to see hundred of new top level domains, ranging from generic terms like .shop or .music, to domain names created by particular companies to support their brand (like .canon or .hitachi), and more fully international domain names (that is, domain names in languages that do not use the same alphabet as English).

This has been something ICANN has been working towards for several years (since at least 2005), and has been discussed at great length, in hundreds of separate meetings, and with the involvement of a very broad range of people, including governments, businesses, interested individuals and experts, and civil society organisations like EFA. It is not a decision taken lightly. It is still controversial, with some ICANN board members voting against it, and some government objections remaining on the record, but it is now moving forward with a definite timetable, and we can expect to see top level domains proliferating starting late next year.

Previously, ICANN carefully weighed the pros and cons of each possible domain name, and this is going to make the process much more routine. It is still no easy task to create a new top level domain name, with a complicated application process and a $185,000 dollar application fee.

EFA supports this decision. Not all of the new domain names will be useful - many of them will created purely in the hopes of attracting commercial use, and may prove to be as much of a commercial failure as domains like .biz. But the current situation of artificial scarcity and competition for a limited .com space helps no one. More importantly, we feel that many of the new domain names proposed may have important free speech or consumer benefits, and allowing generic top level domains in other scripts is essential for non-English speaking people to have true equal access to the internet.

EFA appreciates there are still imperfections in the process, and there will be a lot of discussion to follow, but the existing rules are a result of a lot of negotiation, and while there are flaws, few of those that remain are glaring. EFA still feels the rules in place still give too much power to trademark holders and individual governments, but many ICANN participants feel they give too little, and in a complex multi-stakeholder institution like ICANN, compromise is inevitable. A lot of work remains to be done, especially on support for developing nations.

EFA is always interested to hear members opinions on domain name policy issues.

EFA News

I'd like to quickly update our members and supporters with a few bits of EFA news.

Things have been outwardly quiet recently; although we have been active behind the scenes and in the media, commenting on issues such as privacy, copyright, censorship and games, we have not been producing as much content and commentary as we'd like to.

Why is this? We've been working on some much-needed internal reorganisation, which includes: a completely overhauled web presence; a brand new system for managing our members and supporters (and letting you manage yourselves); and our own payment integration, so we can do away with the (deservedly) despised Paypal. When we relaunch, we want a new focus on providing useful and engaging information in the form of issue backgrounders and position papers, FAQs and legal explainers. The new site and associated tools will let us focus more on providing better content and on education and campaigning.

Once we're up and running we'll be doing a better job at managing our corps of volunteers. If you have skills in legal affairs, research, writing, campaigning, design or anything else that can assist our mission, and you're interested in volunteering, please drop us a line at [email protected]

In the meantime, keep a lookout for us in the media, and you might be interested some recent submissions we've made to inquiries on classification and cyber-safety.

Finally, on a personal note I'm a little sad to announce that I'm stepping down as Chair of EFA. It's been a very rewarding experience, and as a result I am even more passionate about the issues than I was when I first joined EFA. That's why I'm pursuing an opportunity to work inside our nation's Parliament and see just how policy is really made in this country.

Fortunately,  the organisation will be in excellent hands. I'm very pleased to welcome David Cake to the role. David has a long history with the organisation including seven years on the Board. David has recently been leading EFA's international affairs effort, and I know he is champing at the bit to lead our upcoming campaigns. Sarah Stokely will be stepping up as Vice-Chair. Both David and Sarah know the landscape very well and have many fresh ideas to drive the debate, and the organisation, forward. Over to you, David and Sarah.

EFA relies on your support and ideas, so if you have any feedback on campaigns you'd like to see, information you need or anything else, please contact us.

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