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Speaking Out Against Australian Internet Censorship

edo-01 writes: "The Sydney Morning Herald has an interesting opinion column up that details some of the opposition to the federal government's net censorship laws, most notably from the government of Australia's most populous state, New South Wales. An interesting quote from the article: 'Essentially, [the federal government] does not see that the Internet in Australia has much of a future as a forum for adults.'"

11 of 281 comments (clear)

  1. Virtues by Renraku · · Score: 4, Insightful

    In theory, the virtues that governments wish to convey look quite nice and noble. However, in practice, they do too much to restrict freedom. What's to stop any 'censorship' department from censoring what they don't like? If any Australian governmental officals hear this, freedom is more virtuous than trying to put a mask on everything. The truth is out there, however people might encounter it, the truth doesn't care.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  2. Thing is, most of this stuff /is/ freely available by himi · · Score: 5, Interesting

    As a number of other posters have said, Australians tend to ignore laws that they don't agree with. Unless there are people standing over us, we'll just live our lives however we feel happy and ignore the stupid laws. The good laws simply codify what the majority consider reasonable, so very few people have problems with them.

    Another thing to note is that our constitution doesn't codify anything other than how the state governments relate to the federal government - we don't have any bill of rights saying that freedom of speech is a fundamental right, or anything like that. Rights like that are established through a combination of legislation, the actions of the courts, and public opinion about things. And, contrary to what a lot of Americans seem to think, this process actually /works/ - our rights aren't written down on paper, they're negotiated on a continual basis. This makes things very flexible, and means that our rights are always immediately apropriate to the current situation - we don't have things like the US's 2nd amendmant, which was a nice idea when it was made, but is kind of pointless in an age when there's a centrally controlled military force.

    A large part of the reason this kind of legislation has come through is because of the work of one man, who just happened to hold the balance of power in the senate - basically, in order to pass bills, the government of the day needed to have his vote. So, parties would pander to his (very unrepresentative) views on things like morality, and support legislation like this in order to buy his support.

    Australia /is/ a very free and fair society - it's consistently rated one of the most pleasant places to live in the world. Hiccoughs like this happen, but by and large they don't seriously affect things.

    himi

    --

    My very own DeCSS mirror.
  3. How about a techinological compromise by Twylite · · Score: 4, Informative

    Every time censorship of the Internet is brought up, the geek community shoots it down in flames as being impossible or impractical. But what if technology was to meet legislation half-way?

    Here's the proposal (although to some extent it only works with global-treaty buy-in):

    Every ISP is legally obliged to distinguish between Adult and Non-adult accounts. They are also obliged to run a transparent proxy service through which all connections must pass.

    An extension is made to HTTP (and other relevant protocols) which includes an Adult/Non-adult content flag. This allows the proxy to block connections to inappropriate sites.

    The further legal obligation is on all site owners and maintainers (and hopefully not the hosts!) to ensure that their sites comply with the rating they claim.

    There is also a legal obligation on all adults NOT to make their account (password) accessible to minors; and only to allow minors access through their account if they are a legal guardian (or acting on behalf of one) and the minor is under constant supervision.

    This is very much like existing censorship systems, but with three major differences: it is more transparent, there is legal recourse if the site fails to live up to its claimed rating, and there is an onus on adults to protect children (while not denying parents the right to allow their children access to material as they see fit).

    Yes, there are ways around this. There are always going to be some sites that evade the law, just like there are porn shop owners that ignore the age of their patrons. There will be kids who "steal" adult accounts, just like they sneak into R movies.

    But it is a great improvement on any system that is currently in place, and could be a suitable middle ground for all parties.

    --
    i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    1. Re:How about a techinological compromise by DrEldarion · · Score: 4, Insightful

      The problem with that is that no one really gets porn from the web anymore, unless they REALLY don't know what they're doing.

      Between Usenet, FTPs, and file-sharing programs like KaZaA and Direct Connect, there's more porn than anyone could ever look at in 10 lifetimes.

      I can see blocking the adult usenet groups, but how do you block the other stuff? Ban file-sharing programs and FTP access? Not likely...

      -- Dr. Eldarion --

    2. Re:How about a techinological compromise by radish · · Score: 5, Insightful


      One question - who decides what "adult" means? Stuff which is legal in Holland is illegal in the US, stuff which is illegal in the UK is legal in the US. And that's only comparing 3 "western" countries, when you start hitting islamic countries (and even, it would seem, Australia) the definition of "adult" changes dramatically. Until every government can agree on what should/should not be censored your plan is a dead duck.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    3. Re:How about a techinological compromise by TheAJofOZ · · Score: 4, Informative
      but it comes down to having reasonable guards in place, and law to deal with offenders.

      No, it comes down to supervising your kids like you would if they were in any other possibly dangerous/subverse/damaging situation. I'm not a "free speech nut" that wants all information, images, etc to be available to everyone. I think restricting underage access to things is a good idea. I also think that restricting things altogether is okay if used carefully.

      What I really have a problem with is people who think that the internet should be made safe so that they can let their kids roam free and not have to watch them. What parents should be doing is spending time with their kids while they surf the internet. Not only do they then make sure their child isn't being damaged but they strengthen their relationship with their child.

      Parents obviously can't watch their kids all the time, so they have to take the time to sit down and discuss with their child why they should or shouldn't do things. Why there is "bad stuff" on the internet, why they shouldn't experience it just yet and talk through the issues so the child understands.

      Then let them roam free on the net with you checking the history and web cache (or proxy logs for the really geeky) or just walking in from time to time to check on them. (Few people can hide their panic when their parents walk in and few parents fail to pick up on this eventually.) After a period of time, your child will have demonstrated that they have earnt your trust and that they do understand so you don't have to check up on them deliberately. If they later do get up to something the chances are that you will happen to walk in at an inopportune time for them eventually. This way the child is aware that the content exists (without having to experience it first hand) and explains why it is considered objectionable. If they go ahead and choose to view the content you can challenge them to justify it. If they can't they have demonstrated that a) they cannot yet be trusted and b) are not yet mature enough to make an informed discussion about the issue. If they do justify it you have to respect their justification, but may wish to put your foot down anyway because you find it offensive - whatever reason, but justify it.

      It is horrific to see a child who is exposed to graphic material (or worse, experiences it) before they are mature enough to deal with it so we do need to avoid this. However, just as bad as this is someone who is overly sheltered and doesn't gain the maturity to deal with this before they are thrust out into the world and confronted with it. Then not only are they confronted with the material before they are mature enough to deal with it, they are expected to be mature enough and have lost a large part of their support network by moving away from their parents/family etc.

      The only way you can balance these two extremes properly is with a knowledge of the child involved, so enough flexibility has to be present to allow parents to make the decisions. However, some safe-guards have to be in place for parents who are negligent or simply make really bad decisions for the child and the latter is exceptionally hard to judge. There is no perfect system that can make all this work and make everyone happy, but the solution is very definitely not a technological one because we are dealing with people, not technology.

  4. R vs. X in Australia by eekDude · · Score: 5, Informative

    I thought the article failed to outline the key differences between R and X rated material that is confusing the "save the children" moralists. So here goes:

    R: generally anything that has very high levels of violence, language, drug use (which does come under the broad "strong adult themes", unfortunately), and simulated sexual activity (soft porn only --no erections allowed). Films can have all of the above in one scene, provided there is context for each "adult theme" within the scene. The print publication equivalent of this type of material is "R rating category 1".

    X: this is only for sexually explicit films/video (uncensored/"hardcore" pornography). It allows for real sex scenes. It cannot contain any sexual violence, cohersion, or "fetishes which are deemed offensive" (I won't go into details of what is deemed offensive as some people in here might be offended. *g*). The print publication equivalent of this classification is "R rated category 2".

    RC: refused classification. Basically, includes anything that is so abhorent that it cannot be included in either the R and X classication (for example, snuff films, poo eating, animal loving works, etc.). The print publication equivalent is the same.

    As the article pointed out, most conservatives and/or moralists have lumped all three classifications into the "R" category without realising the strict restrictions between each rating and the allowed context that these ratings must adhere to. Ignorance is bliss when you've been blinded, I guess.

    What I thought was interesting about NSW's hesitance towards approving their censorship legislation was their interest in protecting adults rights to access adult natured material on the internet. However, this is from a state where it is illegal to sell X-rated videos (not that has stopped retailers of adult erotica from doing so), although for print publications, R-rating category 2 material is perfectly legal. And people wonder why our politicians are so ignorant about what is allowed within each classification -- it's inconsistent across mediums!. So for the internet where people mostly "read" or "view" material (rather than watch video), the medium is being classified using the classification system for videos, which will confuse people even more. But either way, I hope at least one state as *some* commonsense left in what is becoming Playground Australia.

  5. Re:Australia is noce, but... by cthugha · · Score: 5, Interesting

    I don't know much about Australia's style of government and whether or not the people have very much power, but I would be leaving Australia if there was nothing I could do about it.

    Basic summary: Westminster-style bicameral parliament with modifications (US-style Senate w/ 12 senators/state and 2 senators/territory instead of a House of Lords for the upper house) governing a Federal Commonwealth similar in structure to the US. Constitution may only be amended by referendum, unlike the US, where the people don't get a direct say in constitutional matters (how undemocratic is that). Parliamentary elections every three years (may be sooner under certain circumstances), with the full House of Representatives elected through preferential voting and half the Senate elected through proportional representation.

    Until Australia starts respecting it's citizens rights, I don't have much faith in whether or not they would respect a tourist.

    Well, that's a matter of opinion, isn't it? Australia respects the rights of its citizens in other ways, e.g. by refusing to endorse capital punishment as a civilized method of dealing with criminals. But, sticking to free speech, didn't I hear something about a Harry Potter book burning in the Mid West the other day? You simply don't have that kind of thing in Australia (not for decades, anyway). Australians seem to have a far better innate respect for free speech than USians, partly because pro-free-speech groups have had to convince the populace of the worth of free speech rather than simply rely on a constitutional provision.

    As for whether you think Oz wouldn't respect the rights of a tourist, well, since George W signed the order condemning foreigners (not citizens) accused of terrorism to trial by a military tribunal, I know that the US wouldn't respect the rights of a tourist.

  6. What Oz needs: A Bill of Digital Rights by alexgp · · Score: 4, Interesting
    The Australian net community has got used to opposing the stream of stupid laws that the States and Commonwealth pass, one after the other. It would be better to be more pro-active. I've proposed a Bill of Digital Rights to affirm rights at a national level, and pre-empt these stupid laws.

    Lindsay Tanner, the Federal Opposition's Communications spokesman, has given a positive response to the idea and expects to have serious discussions about it in the coming term.

    You can read more on it here.

    Alex

  7. Are you quite sure? by jcr · · Score: 4, Insightful

    I can honestly say that the government probably doesn't see the Internet for what it really is.. An Information ground.

    Perhaps they do see it for what it is, and are threatened by the idea of easy, cheap mass communication.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  8. Re:This is just a tiny bit of a continuing saga by mpe · · Score: 4, Interesting

    How many small-time criminals are going to buy a gun if they're readily available? How many if they're not?

    Problem is that making something illegal is not the same as making it hard to obtain.
    Both in the UK and in the US (places with very different laws regulating fire arms) people have that it can be easier to obtain an illegal firearm than a legal one. (Similarly illegal drugs can end up very easily available.)

    Oh wait, there's also the _other_ people who get their hands on a gun they don't know how to use, like children!

    Does that fact that some people are irresponsible with firearms (and other dangerous tools and machines) justify assuming that everyone is to irresponsible. Let alone that livestock farmers, from long before the biblical David, have employed leathal weapons to ensure they are feeding people and not the local predator population. IIRC there are more sheep in Australia than people, dingos will do as much damage to sheep as any other type of dog and rabbits will feed on the grass.

    Go and find out one day the percentage of shootings that involved a citizen _legally_ defending themselves against a criminal, in states with gun control. It's pathetically, depressingly low.


    Probably because gen control systems only prevent non criminals getting hold of (and learning how to use) firearms.