Independent's Day and the Censorwall

Only a few weeks ago, I wrote a blog post, "Is the filter really dead?" Since that post was written in what now seems a simpler and gentler bygone political age, an update may be in order.

As of today, the ALP and the Coalition are neck-and-neck in numbers, and who forms the next Government will come down to winning the support of three of the four uncommitted independents. There are a few possible outcomes from here.

Firstly, if the country independents decide to support an Abbott government, then at that point the mandatory ISP censorship scheme we have been fighting for so long is well and truly dead. The Coalition have said publicly they would not introduce such a scheme in government. We shouldn't forget that the Liberal party's record on internet censorship is pretty terrible - they are responsible for the current scheme we have, which on paper makes Australia's internet amongst the most heavily censored in the world, with R-18+ content unavailable on Australian servers and a secret blacklist of prohibited sites. (The saving grace of that scheme is that hosting material overseas is cheap, easy and completely escapes this censorship regime, so the average user is very unlikely to be affected by it.) We have to trust that the Liberal party have learned from the last few years and will think long and hard before returning to their bad old ways. In any case, a new censorship push by them is just a hypothetical possibility for the future, which seems preferable to an actual government policy, which we have now.

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  • | 4 Comments
  • September 2nd, 2010 by Colin Jacobs

Are Ageing Aussies destined for the fast lane?

This afternoon Delimiter posted an article from Exetel's CEO about Ageing Australia not being interested in seeing broadband speeds of up to 1Gbps.

Here is an excerpt from the article:

During the election campaign, Communications Minister Stephen Conroy revealed the NBN would support speeds of up to 1Gbps, instead of the 100Mbps initially planned — after NBN Co chief executive Mike Quigley informed him the upgrade would cost no extra.

But in a blog post published today, Linton — who leads one of the few ISPs to provide broadband in Tasmania over the fledgling NBN network in the state — said it was “the unthinking and just plain stupid” who were excited about the additional speeds.

“Pretty much along the same lines as the stone age cargo cult dwellers in the jungles of New Guinea are excited about the next ‘goods drop’ from the strange coloured bird,” he wrote.

Linton added Australia’s ageing population — who he said didn’t “play online computer games or get a surrogate sex life from pornography” had no interest in terabyte broadband plans (such as have been recently released by some of Exetel’s competitors on ADSL) and speeds that could never made a difference to the internet applications they used.

“They are going to be the ever growing percentage of Australians who are going to drive the percentage of residences that don’t have any sort of wire line connection to their home,” he said.
Linton has been a long-time critic of the NBN and a supporter of the incoming generation of 3G mobile broadband and wireless solutions as an alternative.

Click here to read the full article.

When EFA posted the link, Twitter became very active about Linton's comments:

  • @diskincluded: Why on Earth would we want to be able to compete with the rest of the world? There's none of the pressure when you're last.
  • @nightkhaos: He's right in that 1Gbps is "too much" now but to presume to know what the market will be like in 10 yrs? Foolish and shortsighted.
  • @masterhearts: who gives a toss about the oldies. i want speedy internet dammit.
  • @prkaye: Isn't Linton known for his lack of clue? Does anyone think much of most of his 'Industry' comments?
  • @cindyleigh: Older generation has little patience for slow technology, they got better things to do with their time than slow net
  • @Martin_Eddy: My elderly neighbors are happy paying $5/month for dial up.

So what do you think?  Is Linton right or wrong? We would particularly like to hear from those that feel they identify themselves as one of Linton's Ageing Aussies.

Please leave a comment below

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How you shaped the Election

This election, online issues finally got the attention they deserve. And the situation is here to stay.

I'm not talking about which party had the most Facebook followers or made the most gaffes on Twitter (Julia Gillard and Family First, respectively). Serious issues around internet governance and our internet future came into play, and by all accounts will continue to be significant as the situation plays out this week.

The first issue that affected the election was Labor's mandatory internet censorship policy, 3 years old and counting. Throughout that time, I believe the accepted wisdom amongst the scheme's proponents - the most notable being of course Senator Conroy - was that it would be unpopular with a handful of geeks but would appeal to the wider audience of mums and dads in the electorate.

If this was indeed the strategy, I think it backfired. Although it's based on mainly anecdotal evidence, I believe many internet users had their political consciousness awoken by this attempt to slap censorship on the country's net connections. When this issue was important to people, it didn't just put them slightly off-side, but made them hopping mad, if not lifelong skeptics of the ALP. Over time I have spoken to MPs and parliamentary staffers of all stripes, and I'm pleased to report that many people did indeed contact their elected representatives and let the opinions be known. For some MPs, this amounted to a veritable flood, and the issue was absolutely on their radar.

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The Necessary Broadband Network

This week is good news for Australian internet users. Both the cyber-safety (covered yesterday) and broadband issues have had their moment on the election stage. We now know the details of all the major parties' broadband policies and can do a side-by-side comparison. Which one will deliver the best outcome for Australia's future?

Refreshingly, the Labor and Liberal broadband policies differ greatly, and represent a very different vision for Australia's competitiveness in the 21st century.

The Government is betting big on the importance of telecommunications in Australia's future, with up to $43 billion committed to the National Broadband Network in what amounts to the largest ever infrastructure project in Australia's history. To recap: The plan involves laying fibre optic cable to 93% of Australian homes, with minimum speeds of 100mbps (upload and download). And just yesterday, NBN Co, the government-owned corporation managing the rollout, upped the ante by promising connections of up to 1 gigabit . Those living in areas where the fibre cannot reach will be provided with either wireless or satellite service at a minimum of 12mbps.

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Coalition's Cyber-Safety policy: mostly harmless

Internet issues appear to have finally gotten some oxygen in this election. The National Broadband Network and the Coalition's alternative broadband plan have gotten a lot of coverage in recent days. We'll have a breakdown of the two policies for you in our next update.

Let's turn, instead, to the issue of "cyber-safety", the banner under which the Government has been pushing its mandatory ISP filtering policy. If you follow the news, you might have heard that the Government first delayed the plan for a year in order to conduct a review of the "Refused Classification" rating. Since then, the Coalition have come forward and stated they will not support mandatory censorship and would vote against it even if they remain in opposition after the election. This means that the filter is very unlikely to pass through the Senate without some drastic modifications.

It's still Government policy, however, and they are sticking by it. See "Is the filter truly dead?" for some more information.

The Coalition's cyber-safety policy is now available. They are promising $100.4m over four years for a variety of initiatives aimed at protecting children online.

The Liberal party has a pretty shoddy track record when it comes to online civil liberties. One of EFA's biggest battles to date was against an onerous censorship plan pursued by the Howard Government, that - fortunately - was technically unrealisable. What we ended up with is the current system, whereby R-rated web pages can't be hosted in Australia but for the risk of a hefty daily fine and ACMA prepares a secret blacklist of "prohibited" pages. Fortunately, neither this restriction nor the blacklist have much affect on our daily use of the net to communicate, and so amount to little more than nagging affront to common sense and a considerable waste of money.

By knocking back Labor's filter, and proposing a policy focussed on options within the home, the Coalition appear to have turned over a new leaf. The key planks of their proposal are:

  • $60m for home PC filters
  • $30m for Cyber-safety outreach
  • $10.5m to educate and "empower" principals
  • A Ministerial advisory committee on social networking

Although it's hard to get too excited about this use of taxpayers' money, it appears the Coalition have abandoned the heavy-handed censorship approach of the past.

Read more ... »

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Ausvotes 2010: Party Policy Guide is now available

The Ausvotes 2010: Party Policy Guide is now available for download.

The guide is available here.

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  • August 10th, 2010 by Colin Jacobs

Is the filter truly dead?

It hasn't been 24 hours since Shadow Treasurer Joe Hockey let slip on JJJ's Hack program that the Coalition won't back the Labor Government's plan for mandatory ISP-level internet censorship. Whether they win or lose, they have stated categorically that they will vote against such a scheme.

Does this mean the battle of the last three years has ended in victory? Can we all pack up and move on? Yes and no - but there's cause for plenty of optimism.

It's clear that the mandatory internet censorship policy requires a new law to be introduced. That legislation, of course, has to be voted on in the House of Representatives, where the Government has the numbers, and in the Senate, where they don't. As things stand, to get a law up they need seven extra votes - which can either come from five Greens, Steven Fielding and Nick Xenophon - or the opposition.

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EFA welcomes Liberal stance on filter

Electronic Frontiers Australia (EFA) today welcomed an announcement by Shadow Treasurer Joe Hockey that the coalition will oppose any move to legislate mandatory internet censorship in Australia. On Thursday's Hack program on Triple J radio, Mr Hockey stated that "we believe the internet filter will not work and we believe it's flawed policy."

"We applaud Mr Hockey's announcement that the Liberal Party will vote against Labor's filter," said EFA Chair Colin Jacobs. "The Opposition are very welcome among the ranks of those many organisations and individuals that see the filter as a policy failure."

A mandatory censorship scheme remains Government policy. However, with The Greens long on record as opposing the internet censorship scheme, Mr Hockey's announcement means that Labor's legislation is effectively dead on arrival in the Senate.

"We call on Minister Conroy and the Gillard Government to now admit the mandatory filter policy is dead, and to move on to a debate more grounded in reality," said Jacobs. "The government must now listen to the experts, and get back to working on giving Australians access to better and faster broadband."

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Data retention: Got nothing to hide?

It recently came to light (thanks to some good reporting) that the Government has been fishing around with ISPs for their support on a new and radical data retention policy. This would legally oblige telcos to retain large amounts of data about their customers' communications activities in case law enforcement needed them at some point in the future.

We know this because some in the industry have spoken out, quietly, about the meetings. The Government, it would seem, would prefer to conduct them in complete and total secrecy.

Ben Grubb at the Sydney Morning Herald today shared some documents he obtained under Freedom of Information about the briefings between the Attorney-General's department and the industry. The screenshot below is indicative of the rest of the document - besides the page numbers, nothing substantive is left uncensored. Even the glossary of terms is heavily elided. One can only imagine the officer responsible for the editing must have made a few trips to the stationery cupboard for a fresh texta.

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EFA looking for community manager

We're hiring! As the country heads into an election and scrutiny of policies and issues intensifies, EFA needs help with our outreach efforts and so we're looking for somebody to come on board and help get the message out to the community.

Love social networking? Passionate about the issues? We'd like to know you.

Have a look at the description of the position and get in touch.

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Dr Tucci is Bewildered

It's an old chestnut, being bewildered at the "opposition to the governments plan to protect kids", and this time it was put forward by Dr Joe Tucci from The Australian Childhood Foundation .  When supporters of government proposals to censor the Internet run this line, they tacitly imply that those who disagree with them are supporting the abuse of children - or at the very least holding other matters in higher regard to the detriment of children.

To me this is very distressing, in my work with EFA I've had this one levelled at me by Brg. Jim Wallace (ret.), and now Dr Tucci on Sunrise this morning and in reality nothing could be further from the truth.  I understand how passionate Jim and Joe are about their causes, but they are wrong in how they approach them, and it's difficult to find any class in their painting of people who disagree with them as supporters of child abuse.

EFA's position on this matter is clear.

Mandatory Internet censorship, and for that matter voluntary censorship, will not protect children in any impactful sense. While voluntary censorship fixes some of the problems of the mandatory model, the overwhelming preponderance of content which it is illegal to possess is still not published on the open web but rather inside of secret networks of criminal associates.  While there is no benefit to censorship for children, a national censorship system represents a power over free speech that no western democracy has ever had - sure some have come close, with Germany even getting so far as to pass a law allowing it before deciding against it anyway, and the UK has attempted for seven years to make voluntary censorship work and has only really succeeded in breaking Wikipedia.  The "refused classification" category, unique to Australia,  is a mixed bag of illegal-to-possess material that police should be appropriately resourced to deal with (as in all crime), and perfectly legal material that an open government has no business stopping adults from accessing.

So what should we do?

We have options.  Rather than spend more than $40m on an Internet censorship system that won't work, we could take up the US Ambassador to Australia's offer for assistance in combating child abuse as I mentioned on Sunrise; offered by a country that can't censor the Internet because of constitutional rights.  This is an important thing to consider for two reasons, the first being that our long-history of alliance with the United States could benefit enormously from their expertise, and secondly it gives us a reason to stop and consider what  doing something that is impossible in a country with a legal right to free speech means.

We could take the approach of German anti-censorship campaigner Alvar Freude and contact hosting providers to advise them what their resources are being used for (Freude knocked 60 child abuse websites off the Internet in one day in this way), or we could apply a host of other crime prevention methods that police already use to track and deal with people who delight in the abuse of children.

What we shouldn't do, is implement a system that is illegal or abandoned in other countries, which won't protect children, will waste tens of millions of dollars and represent an unheard of intrusion into the lives of law abiding families.

While we do that, I'd appreciate no further inferences that I don't understand or care about the abuse of children.  Those inferences make me stare at the photos my sister sends me of my 6 month old niece, and question why we can't advocate online rights without becoming the subject of baseless attacks.

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Friday's filter announcement - full steam ahead

Friday's announcement by Minister Stephen Conroy that the filter would be put on the back burner pending a review seems like good news. In the sense that Australians' net connections will remain uncensored by the Government in 2011, this is indeed something to be pleased about. The filter remains very much alive, though, and the promised review is unlikely to make much difference.

The review will be run by an as-yet-unnamed party and will investigate whether the RC category of content remains in line with community expectations. Given that the logistics of coordinating such a review with the states, and the length of time a proper review that incorporated community feedback would take, it would seem further progress on getting the filter legislation through Parliament is at least a year away.

To our great surprise, the Minister appears to have endorsed several of the best ideas received in their review of filter transparency, by agreeing to several measures (including some suggested by us [PDF])  that attempt to lessen the corrosive effects of a secret blacklist. Conroy announced that:

  • Australian site owners will be notified when their content is added to the blacklist;
  • A standard block notification will be shown, making it clear the page was deliberately blocked by the government;
  • The Classification Board, rather than ACMA, will decide on the RC status of submitted URLs;
  • An annual review of the list will be conducted.

It's good that the issues have finally got some attention, but it is important to note that nothing has really changed here as far as the value of this policy is concerned. Firstly, the filter still has no clear policy goal; it will still neither help parents nor prevent the spread of illegal material. Secondly, a secret blacklist, the scope of which could easily increase over time, is always going to be a big worry.

Perhaps one positive outcome from the announcement will be a more critical look at how classification can be applied to the internet. The Minister has gone out of his way during this debate to draw attention away from the classification of web pages and towards the nastiness of material at the extreme end of the spectrum. This talk of the Classification Board and a review of the RC category highlights what the Government is proposing: to apply a system designed for books, movies and magazines to the global internet. Since it will never be possible to review a significant number of web pages (and they would in any case be out of date by the time the decision was published), classification can never achieve anything but the waste of a few million of taxpayer funds. The Government has missed an excellent opportunity to go back to the drawing board - instead, they are fiddling around with the details of a plan that is fundamentally ill-conceived.

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EFA disappointed at Conroy's announcement

Electronic Frontiers Australia today welcomed the delay in the Gillard Government's internet censorship policy but expressed disappointment that it is still on track to be implemented in the Government's next term.

In an announcement today, Communications Minister Stephen Conroy indicated that the filter will be delayed until a 12-month review of the "Refused Classification" category is completed in conjunction with the states.

"While we welcome a review of the RC category, this is just tinkering around the edges of the filter's problems," said EFA Chair Colin Jacobs. "Applying a classification scheme designed for books and movies to the internet was never going to work. Altering the definition of one category won't change the fact that the government will never, ever, be able to review enough web pages to make any difference to anyone."

The Minister also announced that Australia's 3 largest ISPs will be implementing a voluntary filter targeted only at child abuse material. "The industry has been trying to engage with the Minister for a long time, and we're glad he finally decided to listen. It's still not clear who will be helped by taking the next step to a compulsory government filter," said Jacobs. The Minister also announced several measures designed to improve transparency, but indicated the blacklist would remain secret.

"The Minister had an excellent chance today to let the filter die a natural death. Instead they've left the ailing policy on life support for another year. We still urge the Government to listen to the experts, drop the filter, and focus on improving broadband access for all Australians," said Jacobs.

- Ends -

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Gillard continues the pattern

"You can’t walk into a cinema in Australia and see certain things and we shouldn’t on the internet be able to access those things either." Does this sound reasonable to you, or does it sound a bit nonsensical? In either case, it probably won't surprise you to know that  the speaker was a politician - in fact, our new Prime Minister. With those words, the PM dispelled the thin hope that a change in leadership might lead to a welcome rethink of the internet filter policy.

Speaking on Darwin radio yesterday, the PM said in full on the subject of internet censorship:

But there’s also a set of concerns about the dark side of the new technology, if I can use that expression, and, you know, clearly you can’t walk into a cinema in Australia and see certain things and we shouldn’t on the internet be able to access those things either. So, Stephen Conroy is working to get this in the right shape.

By invoking the dark side, Gillard has no doubt unleashed a torrent of Yoda-themed jokes. Unfortunately, a change in rhetoric from a newsagent to a cinema hardly represents a revision in policy. What it really represents is a continued failure of imagination.

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EFA's Response to Personal Attacks in Hansard

In mid March this year, Senator Stephen Conroy launched a bizarre attack in the senate on Electronic Frontiers Australia.  In an accusatory tirade, he declared myself, then-vice chair (now chair) Colin Jacobs and then-chair Nic Suzor of misleading the Australian public through our efforts against the government's mandatory Internet censorship proposal.

Members of the EFA board dedicate themselves to being leaders on the facts of technology policy in Australia and what the effects are on Australians.  It would not have been appropriate for the senator's outbursts to go unchecked - we were obligated to correct him.

Last night the text of our response was officially published online on the privileges committee website at http://www.aph.gov.au/senate/committee/priv_ctte/report_145/e02.htm and has been entered into Hansard - Australia's permanent record.

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Filtering forum in Melbourne this month

Cowboy with an ipodPublic interest in the Conroy Curtain is still high. With election season almost in full swing, Australia's political parties will be making their positions known.

In advance, we're getting together to discuss the facts, make some better suggestions for the pollies, and give a few hints on how the filter might be avoided if it eventuates.

If you're in Melbourne on the 25th of this month please come to our free forum event. Due to the fondness of politicians for pretending the internet is a lawless jungle where libertarian nerds roam free, we're going with a "wild west" theme. Panelists including Senator Scott Ludlam will discuss the politics of the matter, nerds such as EFA's Colin Jacobs will discuss fun ways to get around it, and Catherine Deveny will weigh in with her educated opinion on the value of free speech...

iWe'll also be taking questions via Twitter for those interstate who can't make it.

Check back later as we may add to the speaker lineup and agenda for the evening.

For more details, please visit the event page.

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