Subject: Re: [Oz-ISP] Technically bypassing censorship guide
Craig wrote:
> the question here is "is it enticing a crime"?
> what, exactly, is going to be illegal?
> is it the act of downloading or viewing a page? or is it going to be the
> service of providing access to that page?
Just a quick point here to foreshadow the next legislative step: If you think it's bad now, it's about to get a whole lot worse: If you refer to the introduction of the Bill, there is supposed to be a dove-tailed set of state regulations to supplement the Government's current bill.
The Federal Government is regulating the servers (ISPs and content serving organizations). The State governments will be in charge of regulating the users. http://www.ozemail.com/~mbaker/amended.html contains "Schedule 5-Online Services", "Part 1-Introduction", section (3):
(3) The second component of the proposed scheme will be:
So while in the first instance providing information to users to tell them how to bypass filtering won't be an "incitement to crime," by the states get through with us it probably will be. Remember what Jeff Shaw wanted to do in NSW? Well, this bill doesn't just give him the opportunity to do it again, it gives him SPECIFIC INSTRUCTIONS to get on with the job.
I think we've been too distracted to make a big noise about this with our users. THEY ARE NEXT. What we have here is only the beginning, the states will soon be in charge of laws to "... impose obligations on ... persons who upload or access content".
Of course, this says nothing about whether the provision of information about how to bypass filters means we're providing carriage services which fail to block prohibited content.
Be afraid, be very afraid.
- mark
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Mark
Network Engineer