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Australian ISPs Required To Report Child Porn

rolling_or_jaded writes "As of the 1st of March 2005, Australian ISPs and web hosts will face fines of up to $55,000 if they can be used to access child pornography and do not refer the information to the police. Yikes. How on earth are the ISPs (and web hosts -- like my own very small-time and humble company) supposed to enforce this?"

12 of 655 comments (clear)

  1. Periodic Hysterias by Martin+Taylor · · Score: 5, Insightful

    These sorts of hysterias happen every now and then. People get all up in arms about drugs, child abductions, terrorism, alcohol, $BLAH... and all of a sudden the rules need to be changed to protect us all from the menace that threatens to corrupt our children and anally rape them with a crack pipe.

    Civil liberties mean nothing when you can get a good hysteria going.

  2. Exactly. by anti-NAT · · Score: 4, Insightful

    Couldn't have said it better myself.

    I'm sure the government is now trying to work out how to get the voice telcos to report that their voice networks can be used to arrange child abductions by groups of pedophiles too.

    --
    The Internet's nature is peer to peer - 20050301_cs_profs.pdf
  3. Re:With vaporware by Anonymous Coward · · Score: 4, Insightful

    nope - just set up an email address 'reportchildport@myisp.net' that forwards to 'postmaster@police.gov' and put it on your front page

  4. Re:With vaporware by jgardner100 · · Score: 5, Insightful

    Stop the world, I want to get off as there is no sign of intelligent life here.

    As an asside, they are planning to ban parents from taking photos during school swimming carnivals soon here in Australia for fear of pedophiles taking photographs.

    People are trying to look like they are doing something even though their proposed "solutions" make no sense.

  5. Re:RTFA by shark72 · · Score: 5, Insightful

    "What that equates to is if child porn is reported to the ISP/webhost, they have to then report it to the Australian police quickly or face penalties."

    Correct. Just as has been the case for several years in the USA.

    When this happened to me -- somebody let me know that a member of my site was using their storage to host child porn, I very quickly called the FBI, who in turn sent me to the National Center for Missing and Exploited Children.

    For me, there was no gray area. I didn't think for one minute of my rights being violated. I didn't think for one minute about losing my Slashdot cred (which, by definition, I must not have in the first place) by doing so. In short, the phrase "your rights online" did not even occur to me; if any phrase came to mind, it was "you shore got a purdy mouth" or some similar one that I envisioned the scumbag hearing sometime soon.

    In short, I think that if an ISP operator is upset by a law that requires them to report child pornography to the authorities once they're made aware of it, then perhaps they shouldn't be running an ISP.

    --
    Sitting in my day care, the art is decopainted.
  6. Re:Why the isp's? by shark72 · · Score: 4, Insightful

    "Seiously How are they even going to try to enforce this? Unless They have an army of trained web-content filtering monkeys, it's going to be next to impossible."

    I'll break it down for you:

    • Somebody notifies you of one of your subscribers posting kiddie porn on a web page you host.
    • You spend one minute out of your busy day viewing the web page and you suspect that it may indeed be kiddie porn.
    • So you tell the authorities.
    • Then you go back to reading Slashdot.

    If anybody can't be bothered to investigate a report of suspected kiddie porn on their own server, then they should not be running an ISP.

    --
    Sitting in my day care, the art is decopainted.
  7. Re:RTFA by koreaman · · Score: 4, Insightful
    by way of comparison you are not required by law to report sites which advocate murder, detail murders planned or already committed, or if you know anyone who is planning a murder. there are no penalties for keeping your mouth shut if you're not directly involved. even if someone dies as a result.

    That's because these sites are much less prevalent than child porno sites.

    and in many cases the penalty for mere posession of child pornography is longer and harsher (9 to 11 years) than that of say, armed robbery (typically 5 years or less).
    I would consider giving a child emotional scars that will haunt them forever worse than holding up a 7-11.


    a one time convicted child porn downloader may get a long prison sentence and then a lifefime of "monitoring" (basically, supervised probation). a repeat violent criminal (armed robbery, assault, even murder) would typically get a prison sentence (often very short), a few years probation at most, then that's it.

    You're wrong. Repeat violent criminals get put in the pen for a _very_ _long_ _time_.

    a convicted child porn downloader is required to register with the local police, and they inform the local population. that a dangerous pedophile lives amongst them. a nice publically announced and endorsed target for vigilantes (and that is the point i guess, to encourage vigalantism). basically shouting it from the rooftops. ignoring the fact that the vast majority of child abuse is by parents or close relatives.

    This is not done to encourage vigilantiism, it is done to let people know who they live near. This crime is by nature a habitual one, and anyone guilty of it has a high probability of doing sick things in the future. That's why the authorities must keep a close eye on them, and warn people to *be careful* who live nearby.

    a convicted murderer is not required to register with anyone, and there is no requirement to inform the population that a violent criminal lives near them.

    Murder is, generally speaking, not a habitual crime.

    most strange, these so-called 'morality' laws.

    What do you mean, "so-called"? Do you think it's perfectly fine and moral to publish child pornography?

  8. Re:Simple solution by sasha328 · · Score: 4, Insightful

    This just shows how "elitist" some of the commenters are; they all pretty much seem to be saying that, the police or the government don't know what they're legislating.
    Of course, some of the regulations can not be fully enforced, but that does not mean they shouldn't be legislated.
    I have worked for one of the top 3 ISPs in Australia, and they do work quite closely with the police. This is mainly in the tracking side of things: threatening emails, spam, etc.
    By the way, you seem to have misunderstood the fines part of the article. The fines are not for using an ISP to access CP, but it is for not disclosing who is accessing CP when they find out. It is essentially an extension of the existing child abuse legislation: if you suspect abuse, you have to report it!

  9. Re:This is SAD by Mycroft_VIII · · Score: 4, Insightful

    Problem is this is thought-crime. When what a person is THINKING is what makes something a crime something is wrong. Lets just start with the fact that since there is no way to show the thoughts a person has in there head you have no possible proof of guilt, so it's eigther a non starter or a convienient way to incarcerate someone on a whim.

    Mycroft

    --
    https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  10. Yet another act of pointless legislation *sigh* by @madeus · · Score: 4, Insightful

    Alas, it seems to be yet another act of entirely pointless legislation (sadly all to common all over the world) and a waste of tax payers money and parliamentary time.

    All the law says is that they are NOT allowed to turn a blind eye when someone complains about child porn hosted on or transmitted through their facilities. Then all they have to do is forward the complaint on to the police for action.

    I would assume it is illegal for them not to report it to the police in Australia, although I don't know what the legal situation is there I'd wager they already legally bound to report all criminal activity (and I'm sure possession of child pornography falls into that category).

    What is it with politicians and trying to push through redundant legislation for causes in the public eye?

    Surely it's more efficent and appropriate to ensure we are enforcing the appropriate laws we do have - and if they are unenforceable, amend them appropriately rather than create an unfathomable myriad of narrow 'crime specific' laws (especially ones like this which will almost never be used, and merely serve to justify bureaucracy).

  11. Re:Don't demonise them by minimunchkin · · Score: 4, Insightful

    "So yes, I WILL demonize people accused of child abuse."

    I hope that you will at least wait until they are convicted.

  12. Re:Don't demonise them by arkanes · · Score: 4, Insightful
    It can be harder than you think to break that cycle (it's not just child abuse that's involved in this sort of thing, it's just one of the more extreme examples). You aren't breaking it, after all, you're just reacting. That said, it's a reason and not an excuse. I believe that people should be given the opportunity to get help in breaking those kinds of cycles, although that shouldn't excuse them from responsiblity. We take a very visceral no-tolerance view of child pornography, which is kind of wierd in view of our much more lenient (as a society) views of plain old non-sexual abuse, and I don't think it neccesarily helps. Address causes, not symptoms.

    That doesn't mean, of course, that you should ignore child abusers, nor that they get free passes, nor that they get away scott free.