Domain: aph.gov.au
Stories and comments across the archive that link to aph.gov.au.
Stories · 33
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Australia Passes Law To Punish Social Media Companies For Violent Posts (theguardian.com)
An anonymous reader quotes a report from The New York Times: Australia passed sweeping legislation Thursday that threatens huge fines for social media companies and jail for their executives (Warning: source may be paywalled; alternative source) if they fail to rapidly remove "abhorrent violent material" from their platforms. The law -- strongly opposed by the tech industry -- puts Australia at the forefront of a global movement to hold companies like Facebook and YouTube accountable for the content they host. It comes less than a month after a gunman, believed to be an Australian white nationalist, distributed a hate-filled manifesto online before using Facebook to live-stream the massacre of 50 people at two mosques in Christchurch, New Zealand. Written quickly and without much input from technology companies or experts, the measure goes as far as any other democracy's attempt to punish multinational tech platforms for the behavior of their users. "The legislation criminalizes 'abhorrent violent material,' which it defines as videos that show terrorist attacks, murders, rape or kidnapping. Social media companies that fail to remove such content 'expeditiously' could face fines of up to 10 percent of their annual profit, and employees could be sentenced to up to three years in prison," the report adds. "Companies must also inform the police when illegal material is found."
"This law, which was conceived and passed in five days without any meaningful consultation, does nothing to address hate speech, which was the fundamental motivation for the tragic Christchurch terrorist attacks," said Sunita Bose, the managing director of the Digital Industry Group, an advocacy group representing Facebook, Google and other companies. "With the vast volumes of content uploaded to the internet every second, this is a highly complex problem that requires discussion with the technology industry, legal experts, the media and civil society to get the solution right -- that didn't happen this week." -
Australia Passes Anti-Encryption Laws [Update] (zdnet.com)
Earlier today, Australia's House of Representatives passed the Assistance and Access Bill. The Anti-Encryption Bill, as it is known as, would allow the nation's police and anti-corruption forces to ask, before forcing, internet companies, telcos, messaging providers, or anyone deemed necessary, to break into whatever content agencies they want access to. "While the Bill can still be blocked by the Senate -- Australian Twitter has been quite vocal over today's proceedings, especially in regards to the [Australian Labor Party's] involvement," reports Gizmodo. ZDNet highlights the key findings from a report from the Parliamentary Joint Committee on Intelligence and Security (PJCIS): The threshold for industry assistance is recommended to be lifted to offenses with maximum penalties in excess of three years; Technical Assistance Notices (TANs) and Technical Capability Notices (TCNs) will be subjected to statutory time limits, as well as any extension, renewal, or variation to the notices; the systemic weakness clause to apply to all listing acts and things; and the double-lock mechanism of approval from Attorney-General and Minister of Communications will be needed, with the report saying the Communications Minister will provide "a direct avenue for the concerns of the relevant industry to be considered as part of the approval process."
The report's recommendations also call for a review after 18 months of the Bill coming into effect by the Independent National Security Legislation Monitor; TANs issued by state and territory police forces to be approved by the Australian Federal Police commissioner; companies issued with notices are able to appeal to the Attorney-General to disclose publicly the fact they are issued a TCN; and the committee will review the passed legislation in the new year and report by April 3, 2019, right around when the next election is expected to be called. In short: "Testimony from experts has been ignored; actual scrutiny of the Bill is kicked down the road for the next Parliament; Labor has made sure it is not skewered by the Coalition and seen to be voting against national security legislation on the floor of Parliament; and any technical expert must have security clearance equal to the Australia's spies, i.e. someone who has been in the spy sector." Further reading: Australia Set To Spy on WhatsApp Messages With Encryption Law.
UPDATE: The encryption bill has passed the Senate with a final vote of 44-12, with Labor and the Coalition voting for it. "Australia's security and intelligence agencies now have legal authority to force encryption services to break the encryptions, reports The Guardian. Story is developing... -
Australia Considers Making It Illegal For ISPs To Advertise Inflated Speeds (vice.com)
The Australian government is currently considering a bill that would make it illegal for internet service providers to exaggerate speeds, or else face a fine of up to $1 million. "One constituent says he's being charged for a 25 megabit per second download speed and a five megabit per second upload and he's actually getting less than one tenth of that," said Andrew Wilkie, the Member of Parliament who introduced the bill. "In other words, people are getting worse than dial-up speed when they've been promised a whizz-bang, super-fast connection." Motherboard reports: Internet speeds can vary based on how many people are on the network and even the hardware you use, but while we can't expect ISPs to deliver maximum speed 100 percent of the time, previous probes into their performance have shown many ISPs in the U.S. aren't delivering even the minimum advertised speeds a majority of the time for the average user. Under the proposed Australian law, ISPs are simply required to be more transparent about what consumers can expect with a specific plan. Rather than advertising only the maximum speeds, they would have to include typical speeds for the average user, indicate busy periods, and clearly list any other factors that might impact service. The bill was only introduced this week, so it's yet to be seen if it will gain traction. -
Australia Passes Site-Blocking Legislation
ausrob writes: Cementing their position as Australia's most backwards and dangerous government in recent memory comes this nasty bit of legislation, riddled with holes (which is nothing new for this decrepit Government): "The legislation allows rights holders to go to a Federal Court judge to get overseas websites, or "online locations", blocked that have the "primary purpose" of facilitating copyright infringement. If a rights holder is successful in their blocking request, Australian internet providers, such as Telstra and Optus, will need to comply with a judge's order by disabling access to the infringing location." Adds reader Gumbercules!! links to another story on the legislation, writing: Aside from the sheer inefficiency of trying to spot piracy by blocking individual sites, there's also the risk that servers which house other, more legitimate sites, will be caught up in the net. Unsurprisingly, the bill does nothing to remedy the fact that Australians pay far more for access to media than other places in the World or that media is often not available or extremely delayed, here. -
Draconian Australian Research Law Hits Scientists
An anonymous reader writes: The Australian government is pushing ahead with a draconian law placing "dual use" science (e.g. encryption, biotechnology) under the control of the Department of Defence. The Australian ACLU, Civil Liberties Australia, warns the law punishes scientists with $400,000 fines, 10 years in jail and forfeiture of their work, just for sending an "inappropriate" e-mail.
Scientists — including the academics union — warn the laws are unworkable despite attempted improvements, and will drive researchers offshore (paywalled: mirror here). -
MasterCard Rails Against Bitcoin's (Semi-)Anonymity
angry tapir writes: MasterCard has used a submission (PDF) to an Australian Senate inquiry to argue for financial regulators to move against the pseudonymity of digital currencies such as Bitcoin. "Any regulation adopted in Australia should address the anonymity that digital currency provides to each party in a transaction," the company's told the inquiry into digital currencies. MasterCard believes that "all participants in the payments system that provide similar services to consumers should be regulated in the same way to achieve a level playing field for all." -
Committee Formed To Scrutinize Australia's Web Censorship Law
Bismillah (993337) writes A government inquiry has been launched into whether or not Australian authorities are using Section 313 of the Telecommunications Act inappropriately. Last year, the Australian securities watchdog used Section 313 powers to force ISPs to block a quarter of a million web sites — in order to prevent access to just 1,200 sites the authority deemed harmful. From the inquiry page: "How law enforcement agencies use section 313 to request the disruption of such services is an important public policy question. 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 invites interested persons and organizations to make submissions addressing the terms of reference by Friday 22 August 2014." -
Australian Government Releases Report Into IT Price Fixing
elphie007 writes "Fourteen months after the Australian Parliament announced an inquiry into the disparity between IT pricing for Australian consumers, the Committee's final report has been published. The report highlights the importance of IT in Australia, and that Australian consumers are frequently shafted in an uncomfortable manner when it comes to purchasing IT goods and services. With recommendations ranging from the removal of parallel importation restrictions to the possible banning of geo-blocking services, could this mean the end of US bound Adobe shopping trips and the beginning of pricing equality for Australian IT consumers? More reports/analysis is available here and here." -
Australian Government Rejects Data Retention Law After Report
mask.of.sanity writes "The Australian Government has shelved its plans to proactively store communications data of every citizen ostensibly to assist with law enforcement and intelligence efforts. The shelving (video) comes after a scathing report by Australian parliamentarians who investigated the Government's plans, and three months ahead of a federal election in which the Government is expected to lose office." -
Australian Cybercrime Enquiry Report Released
An anonymous reader writes "The Australian Government Standing Committee on Communications has released the results of a year long enquiry into cybercrime in a report titled Hackers, Fraudsters and Botnets: Tackling the Problem of Cyber Crime. This report includes a recommendation that Internet Service Provider customers should be forced to install anti-virus and firewall software on their computers as part of their contractual obligations. The Australian Communications and Media Authority receive further powers and responsibilities under the recommendations with respect to shutting down websites hosting malicious content and ensuring that infected consumer devices are disconnected from the Internet." -
Australian Cybercrime Enquiry Report Released
An anonymous reader writes "The Australian Government Standing Committee on Communications has released the results of a year long enquiry into cybercrime in a report titled Hackers, Fraudsters and Botnets: Tackling the Problem of Cyber Crime. This report includes a recommendation that Internet Service Provider customers should be forced to install anti-virus and firewall software on their computers as part of their contractual obligations. The Australian Communications and Media Authority receive further powers and responsibilities under the recommendations with respect to shutting down websites hosting malicious content and ensuring that infected consumer devices are disconnected from the Internet." -
An Australian Space Agency At Last?
Dante_J writes "In the Australian Federal budget presented last night, as well as big national infrastructure spending, an amount of $48.6 million over four years was allocated for an 'Australian Space Science Program.' Normally a space program is managed by a space agency. Does this now mean that Australia will follow the recommendations of the Senate Space Science report and give up its rather inadequate title of the only top-20 GDP nation not to have one? With nations like Vietnam, Bangladesh and Bulgaria forming or maintaining space agencies, this government infrastructure is obviously not limited to G-20 nations. Discussions to combine Australian and New Zealand airspace have been undertaken; should that translate to aerospace too, and both nations form an ANZAC space agency together?" -
National Censorship Plan Offensive, Says Aussie Shadow Minister
downundarob writes "Senator Nick Minchin, the Australian Shadow Minister for broadband, communications and the digital economy, has written (or more likely a staffer has written) this interesting article on the Australian Federal Government's continued zeal to enforce ISP-level filtering in Australia. In the article he posits that 'Underlying the Rudd Government's plan to screen the internet is an offensive message: that parents cannot be trusted to mind their children online.' Meanwhile, we wait for filtering trials to start, trials that have been delayed and which have next-to-no support among the industry. Telstra BigPond — Australia's largest ISP — has refused to take part, comparing internet filtering to 'like trying to boil the ocean.' The third largest, iiNet, is prepared to participate to highlight flaws." -
It's Official, Australia Needs a Space Agency
Dante_J writes "In the final report published by the Australian Senate inquiry into 'The Current State of Australia's Space Science & Industry Sector' entitled 'Lost in Space? Setting a new direction for Australia's space science and industry sector,' it calls for the formation of a 'Space Industry Advisory Council' to oversee the creation of a fully-fledged Australian Space Agency. Of the top 20 GDP nations, Australia is the only one without a Space Agency, which impacts on many aspects of ordinary life, not to mention Research and Engineering endeavors. Every satellite operated by Australia is owned by another party and the costs of this alone are comparable to that of a Space Agency. The report is a tidy piece that drew upon submissions form Andy Thomas, and an impressive collection of Australian Academics and Space Science entities frustrated by successive generations of government apathy. While this report is welcome, lethargic Government action in a climate of competing concerns is not expected to stem the flow of Space Science brain drain out of Australia any time soon." -
It's Official, Australia Needs a Space Agency
Dante_J writes "In the final report published by the Australian Senate inquiry into 'The Current State of Australia's Space Science & Industry Sector' entitled 'Lost in Space? Setting a new direction for Australia's space science and industry sector,' it calls for the formation of a 'Space Industry Advisory Council' to oversee the creation of a fully-fledged Australian Space Agency. Of the top 20 GDP nations, Australia is the only one without a Space Agency, which impacts on many aspects of ordinary life, not to mention Research and Engineering endeavors. Every satellite operated by Australia is owned by another party and the costs of this alone are comparable to that of a Space Agency. The report is a tidy piece that drew upon submissions form Andy Thomas, and an impressive collection of Australian Academics and Space Science entities frustrated by successive generations of government apathy. While this report is welcome, lethargic Government action in a climate of competing concerns is not expected to stem the flow of Space Science brain drain out of Australia any time soon." -
Australian Parliament Approves Email Snooping
brindafella writes "The Sydney Morning Herald newspaper, reporting on a legislative change last week, says 'the [Australian] Government will have 12 months to access communications not only between the B-party and the suspect, but also between the B-party and anyone else. If you have unwittingly communicated with a suspect (and thereby become a B-party), the Government may be able to monitor all your conversations with family members, friends, work colleagues, your lawyer and your doctor.' The Australian Parliament's major parties combined to pass an amendment to the Telecommunications (Interception) Amendment Act 1979." -
Australia to Vote on Extending IP Laws
femto writes "This coming week, the Australian parliament will be voting on whether to introduce software patents, a version of the DMCA and extensions to copyright. This is all part of chapter 17 of the US-AU Free Trade Agreement. The effects of the DMCA act will be worse than in the U.S., as Australia has narrower fair use provisions than the U.S. It is not too late to urgently write to your Member of Parliament or Senators to oppose the legislation." -
Australia to Vote on Extending IP Laws
femto writes "This coming week, the Australian parliament will be voting on whether to introduce software patents, a version of the DMCA and extensions to copyright. This is all part of chapter 17 of the US-AU Free Trade Agreement. The effects of the DMCA act will be worse than in the U.S., as Australia has narrower fair use provisions than the U.S. It is not too late to urgently write to your Member of Parliament or Senators to oppose the legislation." -
Australia-US Free Trade Agreement Examined
PeterBecker writes "An evalutation of the impact of the changes Intellectual Property Rights (IPRs) in the Australia-US Free Trade Agreement is available from the Australian Parliamentary Library (Research Paper #14). It takes a very critical stance, with statements such as "IPRs fit awkwardly in an agreement that has the aim of advancing free trade." and "While there has not been a comprehensive economic evaluation of IPRs, the Productivity Commission has found that, as a net importer of IPRs, Australia would lose more than it gains by strengthening IPRs. The net economic impact is thus likely to be negative.". Interesting read especially for those of you who might be affected but missed the fact thanks to close to no coverage in the mainstream media." -
DMCA in Oz: Rusty a witness at FTA Senate Hearings
Mikey writes "The Australia Senate currently has a committee investigating the Free Trade Agreement (FTA) between the USA and Australia. The draft proposal for the FTA will bring DMCA style laws to Australia. Here is the public parliamentary record (the Hansard) from Monday's hearing. The witness list includes Linux Kernel hacker, Paul "Rusty" Russell and other interested parties. Rusty was well received and it seems we have some support from opposition (Labour and Democrat) Senators (FYI Oz currently has a Liberal government). We are getting there, but we need to keep fighting." -
Australia-U.S. Trade Agreement Contains DMCA-like Provisions
femto writes "The text of the US-Australian Preferential Trade Agreement has been released. It has significant implications for Free Software and the Public Domain within Australia. Implications include extension of copyright terms (death to the Public Domain & Gutenberg Australia), software patents (death to Free Software) and the DMCA (death to fair use). It is not yet law. The Europeans have shown that software patents are not a done deal. Now is the time to write letters to members of the House of Representatives and the Senate. Join the EFA. Contact your local library. Sign up to the mailing list to organise opposition. Just make a noise during this year's federal election." -
Australia-U.S. Trade Agreement Contains DMCA-like Provisions
femto writes "The text of the US-Australian Preferential Trade Agreement has been released. It has significant implications for Free Software and the Public Domain within Australia. Implications include extension of copyright terms (death to the Public Domain & Gutenberg Australia), software patents (death to Free Software) and the DMCA (death to fair use). It is not yet law. The Europeans have shown that software patents are not a done deal. Now is the time to write letters to members of the House of Representatives and the Senate. Join the EFA. Contact your local library. Sign up to the mailing list to organise opposition. Just make a noise during this year's federal election." -
Copyright Extension In Australia
femto writes "The Motion Picture Association and APRA have commissioned a report from Allen Consulting into the effects of extending Australian copyright from life+50 years to life+70years. This forms the MPA and APRA's contribution to US-Australian free trade negotiations, currently underway. The report recommends that copyright terms should be extended. An extension of copyright would not be in Australia's interest. Some would argue that it is not in anyone's interest. Projects such as Project Gutenberg of Australia would be adversely affected by such an extension. Perhaps now is to time to write to your Member of Parliament, asking them to oppose any extension of copyright or patents, and shore up whatever resistance there is to an extension of IP in Australia?" -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Parliament Accepts EFA Statement
NickFitz writes "The Register is reporting that the Australian Parliament has accepted a statement by the Electronic Frontiers Australia association denying claims by Senators Harradine and Alston that the EFA sought information concening outlawed material in order to promote the offshore hosting of illegal porn, among other wild and specious allegations. The EFA's statement has now been included in Hansard, the parliamentary record, under a regulation allowing a right of reply to persons named in Senate." -
Australian Cybercrime Bill
skware writes: "The first public hearing for The Cybercrime Bill (2001) was held in Sydney on Thursday. The hansard report of the meeting is online in pdf format at http://www.aph.gov.au/hansard/senate/commttee/s506 9.pdf. There was quite a good showing from the law enforcement and drafting agencies and Departments. Submissions were made by the Attorney general's Department (AGD), the Australian Federal Police (AFP), and the Australian Computer Society (ACS).""The Australian branch (chapter?) of the 2600 organization has a submission at http://www.2600.org.au/Cybercrime-Submission.pdf. The ACS have a brief press release at http://www.acs.org.au/news/190701.htm. There are some pretty funny quotes from the senators in the hansard report. CHAIR-I was thinking, Mr Boxall, that perhaps I should take my colleagues on a popular education cultural excursion to see Swordfish as a crash course in worms and associated matters. Senator McKiernan would enjoy it enormously."
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Australian Government Cracks Down on Net Users
The Australian Government has hastily enacted several measures overnight that should send a shiver down the collective spines of all Net users. Firstly, it passed major legislation that enables the Australian Security and Intelligence Organisation (ASIO), similar to the CIA, to remotely tap into and alter data on any Australian's computer. APC Newswire has the story. Secondly, the Government minister responsible for IT, Senator Richard Alston, has appointed an Internet content censorship advisory board stacked with representatives who support his heavy-handed approach, critics say. Critics of Alston's agenda in the past have included the ACLU and the EFF-affiliated Australian Net-users' group, Electronic Frontiers Australia. Again, APC has the story and a commentary.
If they can do it Down Under, how long do you think it will be before similar measures come to a town near you? -
Australian Government Cracks Down on Net Users
The Australian Government has hastily enacted several measures overnight that should send a shiver down the collective spines of all Net users. Firstly, it passed major legislation that enables the Australian Security and Intelligence Organisation (ASIO), similar to the CIA, to remotely tap into and alter data on any Australian's computer. APC Newswire has the story. Secondly, the Government minister responsible for IT, Senator Richard Alston, has appointed an Internet content censorship advisory board stacked with representatives who support his heavy-handed approach, critics say. Critics of Alston's agenda in the past have included the ACLU and the EFF-affiliated Australian Net-users' group, Electronic Frontiers Australia. Again, APC has the story and a commentary.
If they can do it Down Under, how long do you think it will be before similar measures come to a town near you? -
Lotus Says: The Industry Supports Censorship
According to an Australian official, the CEO of Lotus Development Corporation believes:Industry has no issue with online content regulation. The industry endorses content regulation.
The context is Australia's new system of dumbing the net down for children; here, the words "content regulation" mean simply: "censorship." An excerpt follows.
Senator Alston, Australia's Minister for Communications, is still working to sell Australia's censorship law, which was passed in June and takes effect on January 1st. Essentially the entire continent's internet will be rated like movies, with teeth. Unless something is done before January - which looks unlikely - it will be the worst trampling of net liberties by a Western democratic nation.
One of the compelling arguments against Australia's plan is that it will slow or halt the technology industry - halting progress means losing venture capital and slowing an entire nation's economy; nobody wants that. So Senator Alston has been looking for evidence to the contrary, and in particular he hopes to convince people that the industry itself supports the plan.
In the excerpted speech below, given on September 30, he recalls a conversation with Jeff Papows, CEO of Lotus, and claims Papows voiced support for the plan. (Note that Alston also claims support from Yahoo. Yahoo denies this, but Lotus has not, and had no comment at press time).
The industry itself accepts that there should be these codes of practice and this form of regulation. We have been trying to negotiate it for the last three years with the Internet Industry Association. Their problem is that there are these maniacs - these electronic frontiers outfits - running around stirring up trouble, using quaint expressions and feeding lines to that woman from the Civil Liberties Union [Nadine Strossen] who then gets out there, gets a good run and says that we are global village idiots. This is just a low-grade political campaign. I do not find industry opposing this approach.
I was fascinated when I was in Silicon Valley about two months ago. I waited for industry to raise it, because it was at the height of the furore. It was just after the legislation had gone through and I was doing the rounds of all the IT companies in the valley. I waited for them to raise it with me. The only people who ever raised it with me were journalists who were saying, 'Isn't this a big problem?' I replied, 'Why it is a big problem?' They said, 'It is because it is getting media coverage. It is coming out of Australia. Your Senator Lundy is faxing the New York Times and saying, "Isn't it disgraceful?" and Electronic Frontiers Australia is calling for the minister's resignation. Isn't this an issue?' It is an issue for the media, because it is new, exciting and a lot of fun, but it was not an issue for the industry.
The only people who raised it with me on that visit were Yahoo who thought it was a good idea. I recently saw the president and CEO of Lotus, which is a major player. He was out visiting Australia. Again, I waited for him to raise it with me and he did not. Over the years I have seen a lot of these people and none of them have ever raised it. I thought I might as well ask him what he thinks. His answer was, 'Industry has no issue with online content regulation. The industry endorses content regulation.' In other words, all of the responsible players - and most of these people have kids of their own - do not for a moment want to see the anarchy that is prevailing at the moment.
Lotus' support for this plan comes as a surprise to those who remember that the company was founded by Mitch Kapor, later a co-founder of the Electronic Frontier Foundation.