

Speaking Out Against Australian Internet Censorship 281
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.'"
sick of politicians (Score:1)
Re:sick of politicians (Score:1)
ah... posing, that must be it.
Legislative pr0n protection (Score:2, Interesting)
Let's just make it illegal for anyone anywhere to put pr0n on the net.
Surely then they'll all stop?
It's nice to see that at least they're starting to realise that writing laws, without understanding the tech is a waste of time. A bit too late for those who've already been squished by such heavyhanded legislation, but nice to see none the less.
To (mis)quote a Dilbert strip: You wish to pit your expertise against the collective sex drives of all the teenagers in the world? Good luck.
Potential (Score:1)
Come ON! It's all about potential; 10 years ago very few people had an inkling of the sheer potential of the internet. but NOW? That's just stupid.
Re:Potential (Score:1, Troll)
Virtues (Score:4, Insightful)
Re:Virtues (Score:3, Insightful)
As is commonly said "The road to Hell is paved with good intentions". Most kinds of censorship, be they for broadcast media or "hatespeach" come in very attractive packaging. To the effect that they will "protect" the "powerless".
What's to stop any 'censorship' department from censoring what they don't like?
The article addresses this to some extent refering to the "R" classification of films. The basic problem with any thing so open ended as "unsuitable for minors" is that it can be perverted to cover just about anything.
Re:Virtues (Score:1)
Please report to your nearest social re-engineering centre for thought process adjustment.
Under the 1984 mental discipline act, you should make your way to room 101 forthwith.
This is just a tiny bit of a continuing saga (Score:2, Troll)
Re:This is just a tiny bit of a continuing saga (Score:1)
Some types of weapons also had to be handed it but those people would have kept different types of weapons. There's surprisingly few situations where people need semi automatic machine guns.
Re:This is just a tiny bit of a continuing saga (Score:2)
There is no such thing as a "semi automatic machine gun." Don't get all, er, fired up on gun politics until you have done your homework. Details matter.
Re:This is just a tiny bit of a continuing saga (Score:2)
That is exactly what "semi auto" means, and it is not possible to be "semi auto" and a "machine gun" at the same time. Machine guns are by definition full-auto, firing rifle caliber ammo. (as opposed to handgun ammo, which would be a submachine gun.)
Re:This is just a tiny bit of a continuing saga (Score:4, Interesting)
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.
Re:This is just a tiny bit of a continuing saga (Score:2)
It is very hard to come up with a method of gun control which will actually take guns out of criminals hands. Laws are by definition only obeyed by non criminals. They may work where you don't have many guns in the first place, but passing laws outlawing previously legal weapons only disarms the law abiding.
Re:This is just a tiny bit of a continuing saga (Score:2, Insightful)
Except for what the government forbids.
> WE do not worship bits of paper or words that belong to another era.
Yes. I agree that having natural, inalienable rights is an anachronism, and that the modern concept of rights as "privledges" the government "grants" you, susceptible to the whim of the almighty democratic vote is definitely the way to go for modern, enlightened people.
heh (Score:2, Interesting)
*cough*Bullshit*cough* But since when does the Australian government talk the truth.. I live in Australia and we have to battle with High Taxes (GST blah) and other crap all the time.
I can honestly say that the government probably doesn't see the Internet for what it really is.. An Information ground.
>_ @ the aussie government.
Re:heh (Score:1)
Comment removed (Score:4, Insightful)
Re:heh (Score:2)
Most likely no government tells the complete and comprehensive "truth". Just that some governments can be more honest than others...
Yet again a misinfomed dickhead makes waves (Score:1)
This attempt at 'net laws is aimed to appease the ultra conservatives , whilst being recognised as generally ineffective and useless.
They limit the publication and dissemination of information - but not the perusal or production. You can still make and peruse what you want - just don't publish it to a audience that is deemed restricted - (ie) those under 18. The www is uncensored , therefore is deemed an unsuitable publishing meduim for this sort of stuff in Australia.
The author in the SMH article has missed the point - but the content will generate letters to the editor , wanker angst and generally help to maintain newspaper circulation.
There was a recent chance to start classifying information based on this sort of content - much the same as film classifications - with the recent new top level domains...but we are stuck with
I don't think he missed the point (Score:3, Insightful)
And the legislation
himi
Re:Yet again a misinfomed dickhead makes waves (Score:2)
How old do you have to be to get "Grand Theft Auto 3"?
JonKatz is the culprit (Score:3, Funny)
The sad part is that someone in the Aussie government probably read a JonKatz article also, but they couldn't shake the often silly messages he tries to portray as being serious, so they thought "Hey, maybe if we censor the whole net, we'll get this guy too."
Another attempt at humor by myself. Probably a troll though. Who knows.
Censorship (Score:1)
Thats some scary shit! I would have been totally unsurprised
to see 'political issues' in that list as well. Surely a progressive
society that believes in free speech has an interest
in making sure material, of any nature, is available to anyone,
regardless.
I sure has hell can't think of any text, sound, or image, moving
or still, that is so harmful to my kids, that I will disregard my love
for free speech so much, that I would censor that material from them.
Its the fear, the banning, and the censorship, from superstitous fundamentalists
such as christians, that gives this material its stigma, not the material itself.
Re:Free speech is _not_ guarenteed in Australia (Score:1)
You have to realise that it is rare to find Australians that are really involved in politics, most aussies "don't give a sh*t", all politicians are regarded as being as bad as each other. The majority of the vote comes down to the personality of the party leaders, and to put it frankly, the last three labour (the other major political party) leaders have all come across as slime balls. Regardless of how good a person they really are.
Re:Free speech is _not_ guarenteed in Australia (Score:1)
Thing is, most of this stuff /is/ freely available (Score:5, Interesting)
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
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
himi
Re:Thing is, most of this stuff /is/ freely availa (Score:1)
Re: (Score:2, Offtopic)
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
Unless they hide the gun in some way. e.g. shortening the barrel on a shotgun...
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
I hate it when people bring up crap like this. There are on order of 30 million kids in the US public school system. In the worst year recently, there where 3 school shootings.
Even if there where 300 such events, schools would still be one of the safest places to be. Don't fall under the spell of the alarmist crap the media throws at you because it's a slow year for the news.
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
And even if there was only ever one such event, it would be no less of a tragedy. Don't fall under the spell of being desensitised to horrific events because it's such a big year for the news.
Re: (Score:2)
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
I've seen purses (and briefcases) that would hold anything but a rifle or shotgun, which ironically are the least regulated firearms. And all handguns have holsters available.
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
And they can't fit an assualt rifle and lots of amunition into a bag of the size other students use to carry books?
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
I know you meant this in terms of a burglar or mugger, but this sentiment has been expressed in many situations in history, and it usually eventually led to a pretty disfunctional society, and was seldom true.
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
That's not true. The Constitution is amendable at any time by a 2/3 majority of the states. If we, as Americans, really did decide that the 2nd amendment wasn't such a good idea anymore, we could strike it from the record. The writers of the Constitution included a provision for counting slaves as 3/5 of a person for the purposes of voting, but the country realized that was wrong, and it was amended. The point is, don't think that we still have the 2nd amendment because we have any mechanism for ending it; we still have it because the majority of us wants it there.
Re:Thing is, most of this stuff /is/ freely availa (Score:2)
The other problem with seeing the US constitution as a "sacred text" is people knowing the words better than the meaning.
Re:Thing is, most of this stuff /is/ freely availa (Score:3, Insightful)
Um - there was a centrally controlled military force at the time, and it had just been kicked out. The second ammendment was designed to oppose centrally controlled military forces - sort of a less organized Switzerland. In addition, it was designed to oppose a corrupt US government, should the need arise. There may be arguments against the second ammendment, but the existence of a national armed forces is not one.
Re:Censorship (Score:2, Interesting)
The point is, very few Australians actually bother hosting their sites here, so connecting the site to Australia would be difficult.
quote from Chariman Mao (Score:2)
How about a techinological compromise (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.
Comment removed (Score:4, Insightful)
Re:How about a techinological compromise (Score:3, Interesting)
So what you are saying is that most people who want porn online "know what they are doing" with a computer?
I doubt it. Most people are chumps. Hell, it wasn't that long ago that 1/2 the people online in America were on AOL.
Your point is valid but I believe you are way overestimating the competence of the average computer user.
Re:How about a techinological compromise (Score:2)
Before Napster, I'd have agreed with you. But now everyone and their grandma knows about P2P (helped along by the RIAA's legal and PR campaign against P2P). Have you used any of the KazAa clients? They really are idiot proof. Within 2 minutes of downloading, I was leeching software, music and quality pr0n, using a front end that's easy to understand, and a back end that makes Napster look like tin cans and bits of string.
I have to agree with the original poster. Compared to juggling a dozen browser windows and trying out hundreds of dead web passes for pr0n sites, P2P is actually simplicity itself.
Re:How about a techinological compromise (Score:2)
Maybe the Internet *is* Port80? (Score:2)
p2p stuff may be more difficult to use now, and encrypted traffic may be for geeks only, but all this stuff will be available off the shelf the minute the current alternatives get blocked. No-one seriously used Napster alternatives until Napster was shut down.
What are they going to do? Sit in on all my video conferences in case I show any pink bits? As long as we have genitalia, we will have pR0n.
Xix.
Re:How about a techinological compromise (Score:4, Informative)
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.
Re:How about a techinological compromise (Score:2)
Because a bit of paper will protect our children so well. The constitution is just another form of law and it does not solve the problem. So I submit that the bigger problem is that people think laws will solve every problem when history has shown that this is clearly not the case.
Re:How about a techinological compromise (Score:1)
The _biggest_ problem with trying to legislate the net is that it's not in any single country. So what we have at the moment is a nasty legal tangle where things are illegal on a website hosted in one place, but is legal elsewhere.
You could publish an RFC suggesting this, and you might get some sites complying (IIRC it's a fairly minor modification to an apache config file). But the offenders (IE the pr0n sites) won't bother. They'll just move their hosting to somewhere where it doesn't apply.
Such a method _would_ allow for voluntary content rating, and I'd imaging it would be possible to allow or deny traffic based on if it is rated or not. Unfortunately, this is what a load of the 'netnanny' programs do already...
Vote now! Make me Tzar of the Internet and I shall make everything wonderful and safe, but also free and happy. Or something
Re:How about a techinological compromise (Score:2)
Its not as difficult as you think. You get political agreement between consenting countries to support this effort. In legalese it would be a treaty to rate content and penalties for governments and individuals who flaunt the rating system, whether by technical means or blatent lying.
Since the countries would oblige all ISPs to behave in a particular manner, that group of treaty-bound nations can ensure that all connections to anywhere OUTSIDE the treaty group are treated as adult-only (even a special tag: adult-only, non treaty ; so that nations wanting adult censorship [not that I hold with this] can do so).
The all traffic from outside the treaty nations is considered unsafe for children. Within those nations any flaunting of the rating system can be followed up through normal legal channels.
Its not really a matter of legislating the net, but of putting a technical system in place that can support various legislation (as I suggested in another post: make content classification more granular than simply adult/child) and getting buy-in from countries to agree to enforce that if ratings are used they are accurate.
Re:How about a techinological compromise (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.
Re:How about a techinological compromise (Score:2)
I considered this, and decided to describe a simpler system ;) But there is no reason that content can't be classified with better granularity than "adult/non-adult" ; then each country can insist that ISPs implement filters according to its laws.
Re:How about a techinological compromise (Score:3)
Oh please! Consider pr0n. Look at the granularity that you need in that. Off the top of my head, I can think of countries where the age of consent varies from 13 to 21, and even then depends on the sex act and the age and relationship of the partner(s).
And honest pr0n is simplicity itself compared to applying abritrary labels that distinguish between art and titilation (David, Venus) and the minefield of political and religious speech.
Any useful system would be so complex that it would be unused. How many people right now bother even with such trivial stuff as HTML version numbers?
Fortunately, attempts to classify or censor the net aren't in the least concerned with coming up with a useful system. They are PR or ego exercises, pure and simple.
Re:How about a techinological compromise (Score:2)
Actually in this case it varies from 0 (no age based law forbidding an activity, e.g. female homosexuality in the UK) to infinite (laws against anyone doing it, e.g. the various laws against non PIV sex in parts of the US.) Let alone some countries have laws on consent which apply only to marital status...
Also laws about ponography do not always corrolate well with laws on consent. You can end up with the bizare situation of someone being "too young" to look at pictures of someone's genitals but "old enough" to see the same person's genitals "live".
Re:How about a techinological compromise (Score:2)
Define "adult" in a way which everyone agrees to.
If it's about "protecting" children then it's down to parents. I may wish to "protect" my kids from different things than you.
This kind of marking system based on an interpretation of content w.r.t your personal beliefs and those of your culture & political environment are doomed to failure. The only vaguely practical option would be to classify content based on the actual stuff depicted (blood, decapitation, women wearing trousers). From my examples you can see the kind of granularity you'd need in order to cater to all the different filtering that may be wanted - you could easily end up with more tag data than actual content!
The national systems of classification (and in some cases censorship) which grew up for film & printed matter work well, because of the physical nature of those media. The classification board can view the material, and judge it based on the laws or beliefs in their locale. When you start looking at net based stuff then there's no way I can see of practically doing that, it's a tricky one and alas I can't come up with a solution.
Re:How about a techinological compromise (Score:2)
Not only do you have this issue of what "adult" means when attached to content you also have problems of definition of "adult" when attached to people.
How do you handle people who are "adults" according to the laws of their own country, but not where the website is located or vice versa? Even within countries you get anomolies such as the age at which someone can view pornography (or be a porn actor) is higher than the age of consent...
Re:How about a techinological compromise (Score:2)
Most censorship schemes try to mark all the 'bad' stuff. Don't do that. Instead mark all the 'good' stuff, and only allow kids to see that. If it hasn't been marked, assume it is no good for kids.
There's much less safe-for-kids stuff on the net than unsafe stuff, so it's easier to enforce, and you only get it rated if it is ok for the kids to see.
To mark it, you have a censor sign it as 'universal rating in UK' (cryptographic signature) or 'ok for below 18s in USA', depending on where you live; or 'contains graphic violence for USA' or whatever, with any arbitrary level of granularity- multiple markings are fine.
ISP/OSs should only allow kids access to certain stuff signed by appropriate censors; appropriate to the morays of the ISP/country- so, if the age of consent in Japan is 14, then 17 year old US teenagers will only be able to see stuff suitable for 13 or under on Japanese web sites. Adults in Moslem countries will probably be able to see Walt Disney films if they're lucky.
But who censors? I think that a Slashdot style censorship scheme could be made to work, or else you can write a web page and offer it up to be checked for kid friendliness; possibly for a small fee.
The danger of all this is that the politicians will start using it as a form of censorship for adults as well.
Re:How about a techinological compromise (Score:2)
Too bad the US government decided to create
R vs. X in Australia (Score:5, Informative)
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.
Re:R vs. X in Australia (Score:2)
Except that these catagories, especially violence can be very subjectivly treated. Or did "Star Wars" (episode IV, "A new hope"), Get an R rating because of a genocide scene?
How about cartoons such as "Roadrunner" (BTW the Warner Brothers were from Australia). These cartoons are full of violence with occasional drug use...
Re:R vs. X in Australia (Score:2)
There is a problem with this reasoning in that it downplays the consequences of violence and weapons. Star Wars was a deliberate example of using a WMD where several of the characters knew full well they were killing billions (and even one remote from the scene knew something very bad had happened.)
Films such as Saving Private Ryan or Shindler's List do come close, but weren't considered strong (high level) enough and are given an MA rating
Problem is that "strong" in this context ends up equating to "realistic" and "accurate". Since part of the rational for censorship is the idea of people being "influenced" wouldn't it be better to show the real consquences of violence. Rather than creating the impression that people are more bullet proof than tanks or that killing people is not as bad if you don't see injuries and bodies or if weapons are not targetted on a specific person.
Re:R vs. X in Australia (Score:2)
There are several answers to that question. The short answer is that all of the states and territories have individually decided to make selling RC material illegal. All of the states have also decided to make selling X-rated film material illegal, but the ACT has not, and thanks to the interstate commerce clause, this means that you can't go down to your local shop and buy a porn video, but you can mail-order it from Canberra.
Most police forces don't bother acting unless the material is something like child porn, or somebody important has filed an official complaint.
What Oz needs: A Bill of Digital Rights (Score:4, Interesting)
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 [onlineopinion.com.au].
Alex
Re:What Oz needs: A Bill of Digital Rights (Score:2)
I've proposed a Bill of Digital Rights to affirm rights at a national level, and pre-empt these stupid laws.
First things first, we should get a general Bill of Rights of universal application protecting the whole panoply of civil rights. Gotta walk before you can run.
Moving on to the proposed framework:
Already, you're weakening the definition of free speech protection to exclude "that which the majority has found offensive". That's exactly the problem we're trying to deal with. The laws that arise (deemed stupid because porn and other offensive material is in and of itself harmless) are merely symptoms.
This may come as a shock, and I'll probably be modded off the face of the earth, but not all corporations are big and evil. Why should a Mum and Dad family business be refused the same protections afforded a rich and powerful individual like Kerry Packer, simply because the family business is a corporation and Packer is a flesh-and-blood natural person? It'll probably get a lot of support, because it's good populist anti-big-business sentiment, but it doesn't have much basis in logic or justice.
Public interest (a special case of relevance) is already a defence under the law of defamation, AFAIK.
What's the big deal with malice? What about recklessness?
How would that be enforced? There is a problem with such 'second-generation' social and economic rights (other examples include public health care and education) in that the bodies traditionally responsible for safeguarding legal guarantees (i.e. the courts) would have to step outside their boundaries of competence to enforce these rights. If you were denied your right to public health care, what could the High Court do? Order that funds be allocated from the Federal Budget to cover your situation? That kind of policy decision is exclusively the domain of Parliament in our system.
I would disagree to a certain extent here. Your employer's box is his or hers to use (or allocate usage of) as s/he wishes. I would still afford a right to privacy for data stored on work PCs, though, to prevent employer witch-hunts.
The rest is pretty good, IMO.
Re:What Oz needs: A Bill of Digital Rights (Score:2)
Why should Mum and Dad Inc. have any protections at all when both Mum and Dad have the same protections afforded a rich and powerful individual like Kerry Packer?
Re:What Oz needs: A Bill of Digital Rights (Score:2)
Why should Mum and Dad Inc. have any protections at all when both Mum and Dad have the same protections afforded a rich and powerful individual like Kerry Packer?
Because an attack on Mum and Dad Inc. (or Pty. Ltd., or plc, or whatever) isn't necessarily an attack on Mum and Dad, if the company has other employees. If the defamatory statement damages only the reputation of the company, and not that of its owners, the owners don't have a cause of action.
To put it another way: if you're a shareholder in a compnay, your reputation is not damaged simply because somebody makes a defamatory statement about the company (particularly if you're only one shareholder among hundreds or thousands). Therefore, you would not have a cause of action for defamation. However, you may still suffer economic loss in the form of the loss of share value as a result of the company losing business due to a loss of good will.
There is also the issue of what happens to the employees of the company if it finds itself in such a bad situation that it has to lay off staff as a result of the defamation.
Re:What Oz needs: A Bill of Digital Rights (Score:2)
Also, the Commonwealth may not even have the Constitutional power to legislate Civil Rights (granted, the treaties power may make it possible)
There is some argument about the usefulness of a purely statutory (as opposed to a constitutional) Bill of Rights, since Parliament can always undo what it has done. The moral force of such a piece of legislation is all well and good, but it doesn't count for much if you're actually in the dock facing a criminal conviction, especially if you're a member of a reviled minority and public opinion is against you. (Dare I mention the name Tampa?)
Absolute free speech is not realistic, even the US Supreme Court has invented exceptions to it (defamation law for instance).
True, but AFAIK, SCOTUS has still ruled hate speech acceptable, along with speech that may be interpreted as an exhortation to commit violence is allowable under certain circumstances (a "Most Wanted" list of abortion doctors published by an anti-abortion group was legal; I forget the citation, I'm sorry). We need to be very careful before we label certain speech as 'dangerous'.
I'd also suggest that if you take the advantages of incorporation (the creation of a new legal "person"), it's not unfair for there to be some kind of allowance for greater accountability.
Why should a corporation going about its lawful business be accountable to you? The "we've done you a favour, and we can take that back" argument is certainly valid when it comes to anti-trust and competition matters, but I don't see why we should have the right to peer into the confidential affairs of a company any more than we have the right to peer into the confidential affairs of an individual. Remember that a corporation represents the collective work of an entire group of people, as well as the investment hopes of another (possibly overlapping) group, many of whom may have worked hard for their investment funds. To suggest that you and I have the right to put those jobs and that fairly-won capital at risk without exercising due care in the allegations we make does not have much basis in ethics (depending on your definition of ethics).
As far as shareholders are concerned, they are already owed a fairly comprehensive set of duties (both a fiduciary duty in equity and directors' duties under corporations law). Uncovering a breach of those duties (i.e. a breach of the law) will not attract the attention of the law of defamation.
This is a specific instance of a more general problem, "how do we stop the big guys screwing over the little guys in court?" I think we should concentrate on solving the general problem rather than patching it over in this instance, otherwise we run the risk of overlooking other, perhaps greater, injustices. What is more immoral, allowing a corporation to shut someone up, or allowing a corporation that has commited gross negligence (causing serious injury or even death) to get off scot-free because the plaintiff didn't possess sufficient legal resources?
We also need a national uniform standard online, rather than have to worry about the laws of each state.
AFAIK, the law of defamation has its basis solely in the common law, which is uniform throughout the country. There is a hypothetical scenario where a state legislates a statutory override of the common law, but shouldn't we be worried first and foremost about the general abrogation of that state's residents' freedom of speech, rather than potential long-arm jurisdiction issues that may arise in cases concerning online material?
If Victoria's defamation law applies in the USA, then it's definitely a national issue.
The jurisdiction issues here are rather complex. Regardless, seeing that defamation is a civil matter, an Australian court can only enforce a ruling against a defendant outside its jurisdiction if that defendant has assets within its jurisdiction that the court can seize and flog to pay the damages award. Australian stormtroopers aren't going to the US to shut down sites we don't like, legally. At least, not anytime soon ;).
The inclusion of items in the Bill which are not really enforceable is a way of getting Parliament to acknowledge the issues, and then take some concrete action.
There may be some problems with including non-binding statements of general principle alongside enforceable provisions, but that's a drafting problem, and no doubt one that can be overcome.
Various State and Commonwealth Crimes Acts can be read as saying that it is a crime to use a computer for a purpose your employer has not sanctioned (like calling a stop-work meeting), since the onus for proving you had "authority" is on you, not the prosecution.
Ouch. I would still maintain that such a right be strictly limited, and may be derogated (barring activities related to industrial/workplace issues) by a clear statement of policy by the employer (i.e. "here are the rules, you know exactly what they are, don't break them").
Australia = the network for intellectual infants (Score:2)
Legislator(browsing the internet): Crikey! What's with all these long words? I can't read em. This interweb thing is just too hard to unnerstand!
Aide: Oh, thats one of them intellectual pages. They're using words beyond your mental capacity.
Legislator: intel-what? These words is just too hard to read. Bloody hell!
Aide: I know, let's write laws making it illegal to put anything on the internet that's beyond your intellectual level. That would be... about 6 years old.
Legislator: Uh?
Aide: I said, let's make it illegal to make internet stuff you can't understand.
Legislator: Great!
Aide: Since such a bill would normally go over like a lead balloon, if we deceitfully attach "child protection" to the name of the bill, no one will dare oppose it.
Legislator: Huh?
Aide: Let's fuckin' lie through our teeth and say it's a bill to protect children.
Legislator: Wicked.
Stupid and Racist Oz Govt (Score:2, Interesting)
The Australian govt also locks up refugee women and children in the middle of the bleeding desert because they dared to flee persecution by leaky boat and they are non-white muslims. It spreads lies about the Muslim refugees being terrorists or 'illegal queue jumpers', sends leaky boats back to sea or to bribes poor Pacific islands to "process" these wretched people, and was rewarded for these 'compassionate and non-discriminatory' *cough* policies by being re-elected by Australia's predominately white, narrow-minded and racist population.
Read more Here [iso.org.au]
just thought the world should know...
Have we not heard this all before? (Score:3, Interesting)
There arn't enough people in the country to even start to review & classify every web page produced from an Australian server. Yes the silly NSW government passed the legislation but they don't have to (and probably wont) ever provide the funds for it to be enfored.
Its good to see that once again the Ausatralian public is lead down the garden path by a small minority - is the government *really* wants to start passing internet legisation perhaps they could start by providing access free to all NSW schools & libraries (but then why would they do that it would cost actual money...)
Easy way to get rid of smut. (Score:2)
Better yet, let's take off and nuke the site from orbit. It's the only way to be sure.
The only thing children need protection from..... (Score:3, Insightful)
By the way, I turn 30 in less than a year so save your "wet behind the ears" responses for someone else.
Lee
Ohh cmon it is OKAY (Score:2)
Fucking hell . . . (Score:1, Offtopic)
Go to the Australian Bureau of Statistics, and find the /real/ crime statistics. Then come back and tell me what you think of the NRA's bullshit. Because that's what those statistics are - bullshit.
You say you don't know much about Australia's style of government? Then why the fuck do you feel qualified to comment on something like this?
You talk about Australia respecting it's citizen's rights? Well, how about the right to go about our daily life without dealing with a firearms murder rate like the US's? The US has a firearms homicide rate that's /15/ times as high as that in Canada [guncontrol.ca], and almost that much higher than it is in Australia. Personally, I'd rather live without /that/ piece of crap than worry about some stupid idea like /your/ precious 2nd amendmant.
The US is the only place in the world where the majority seriously believe that /everyone/ has a god-given right to own machines that are specifically designed for killing. The rest of the world sees gun ownership as a priveledge, and a priveledge that carries with it heavy responsibilities. Australians are /happy/ to have laws that ban most guns. Canadians are happy to have similar laws. Likewise the population of the UK, and most of Europe.
And if you think I'm any less 'free' than you are, /you/ need to get your head out of your arse. Take a look around your wonderful home of the free, and tell me if you really /are/ as free as you'd like to think. And then come /here/, and look around for a bit, and tell me if I'm living under the thumb of an oppressive government that wants to make a puppet of me.
Yes, our government has made mistakes, and yes some of them are really bloody stupid. But so has your government. The difference is, the Australian government presides over a country where the firearms murder rate is a small fraction of what it is in the US. I'm proud of that fact, and you can go fuck yourself if you think regulating gun ownership is too high a price to pay for this.
himi
Re:Fucking hell . . . (Score:1, Interesting)
And what about the non-firearms murder rate? Without taking that into account, it could just as well be that murderers are only chosing different tools to achieve the same goal...
If you getted mugged in the streets of New York, the mugger probably has a gun. If you get mugged in Paris, the mugger probably has a knife. Against unarmed victims, one is as efficient as the other.
Re:Fucking hell . . . (Score:1)
That's part of the NRA's argument which I've never understood. They make the following statements:
If you ban guns, you should ban baseball bats because you can just as easily kill someone with one of them.
We need guns to protect ourselves because nothing else will do.
/.ers complain.
I'm sorry, but you can't have it both ways. Like any bunch of loonies, their arguments make no sense when you look at them closely.
The sad thing is, in the US people scream if anyone tries to take away their guns. If anyone tries to take away their information or their right to privacy, only a few
Re:Fucking hell . . . (Score:2)
Now, imagine your grandma with a baseball bat. Will she even have the reaction time necessary to connect even once with the bat? If she gets that lucky, will she have the strength to stop the criminal's attack? Could she use the bat from 30 feet away when he doesn't honor her commands to back off? Not to mention the logistics of carrying a baseball bat in her purse all the time due to not having the luxury of knowing when said attack would take place.
Now, imagine your grandma with a .38 shooting the criminal at close range in the chest. The criminal can likely imagine that, too. So, odds are if she has the chance to make the gun visible rather than shooting it through her purse, he'll run off.
See the point here? The same can apply to your 115lb wife or girlfriend against a rapist.
Here are a couple quotes from studies:
From http://www.ncpa.org/bothside/krt/krt050301a.html [ncpa.org]
From http://www.dartreview.com/issues/2.26.01/editorial .html [dartreview.com]
Not that having data to back up the overall effect of gun ownership should have any bearing on the fundamental human right to self-defense.
People scream either way, really. Not all people, of course, but some people. Remember when all the websites got black backgrounds and blue ribbon banners back in 1996 in response to the CDA? I don't think the problem is which abstract issue gets more attention, but that people in general aren't very interested in politics.
Of course, that changes some during wartime and when energy prices fluctuate. Usually not to any consequence. Interestingly, the possibility of using domestically-grown fuels such as hemp oil, rather than petroleum never seems to enter the debate. Meanwhile, that alone could stop enriching our often unfriendly trade partners for petroleum and drastically reduce pollution and deforestation. For a proof of concept on applying this to automobiles, see http://www.hempcar.org/ [hempcar.org]
Anyway, Australia appears to have a very statist position on both speech and self-defense. i.e., that the nice men from the government should create a padded-cell world for you. Meanwhile, grannies have been cast to the mercy of criminals and the prior-restraint flavored net censorship (according to the article) would prevent mainstream political news, historic discussion from happening in an open manner:
According to the [OFLC] classification guidelines 'Adult themes may include verbal references to and depictions associated with issues such as suicide, crime, corruption, marital problems, emotional trauma, drug and alcohol dependency, death and serious illness, racism, religious issues'."
Of course, everyone knows it would only be used to root out vile filth! </sarcasm> Enter yet another law that lets the powers that be selectively shut down anyone they don't like.
Re:Fucking hell . . . (Score:2)
That's much the same as in the US. (Score:1, Offtopic)
The thing that sets the US apart is the availability of guns - the only other places where there are as many guns are there are people are places where there's recently been a war, or where armed conflict is part of life.
Go read the guncontrol.ca site - they have lots of good stuff.
himi
Statistics? (Score:1, Offtopic)
If I had more time I'd go search around the ABS site and get some hard figures, but I don't . . .
As for shooting a police officer being good . . . I don't think shooting
Finally, the violent crime rate in the UK is low because they simply have a peaceful society . . . Violence as a solution to problems is considred really bad form. It's similar here in Australia, too . . . I imagine it's the case in the US, as well - things are probably skewed seriously by the fact that it's so easy for those people who
himi
Re:Statistics? (Score:3, Insightful)
Maybe it is never "good," but if I had to shoot someone to defend self/family I would certainly see the outcome as "less bad."
Re:Statistics? (Score:2)
Silly poster. Guns haven't been banned in the UK. Well, certain handguns have (which certainly is stupid). But in the UK, we can buy and own guns quite happily.
Yes, it's *TRUE*! People in the UK can own guns! It's just you need to go and get a licence to own one (which is considerably easier to get than a driver's licence, if you don't have a criminal record and aren't a loony). Oh, and you need to go to a proper gun shop, you can't just pick them up at your friendly local corner shop with your milk and rolls.
Re:Yeah...just keep telling yourself that. (Score:2)
Criminals will always be able to get guns. When has a ban ever stopped the black market from providing anything?
Re:Whoa there boy! (Score:1)
Well.... not quite right, but go ahead and jump right to conclusions.....
What most people seem to misunderstand about Australia is that while our politicians are very keen on making laws, enforcing those laws in another thing altogether.
Australians on average don't tend to be very law abiding, and they have very little respect for authority. And so most laws are only ever introduced to be used as political weapons by the various factions in our Government. Citizens go right on doing pretty much what they were doing before the laws came into place.
Having said that, over the last ten years this has started to change, as our Government and other institutions have been almost completely infiltrated by the CIA and other US interests.
So the next time you have a go at OZ for passing a stupid law, remember that it was probably done at the bequest of the US, so they could test the waters before introducing it in YOUR country.
Re:Whoa there boy! (Score:3, Informative)
> very keen on making laws, enforcing those laws in another thing altogether.
Correct, but that only speaks of the current situation. The problem with bad laws on the books is twofold:
1. Laws are rarely enforced at the "never" end of the scale, unless they've become completely defunct (such as laws regarding placement of hitching posts for horses in modern cities). Instead, they're enforced selectively against people that are thorns in the side of the current power base. Selective justice is often injustice. Though people often flaunt 'stupid' laws, they do so at their own risk.
2. The level of enforcement is subject to change. If enforcement is suddenly deemed "the thing to do", all those bad or stupid laws on the books suddenly have a much greater effect on the people they apply to. This is why many countries, including the United States, attempted to set up a constitution that binds the hands of the government both at the time, and into the distant future. The people founding a given government may have the best of intentions, but they would be fools to assume that someone with dictatorial aspirations would not at some point attempt to sieze power within the constraints of the existing system, rather than overthrowing it completely.
On another related issue:
I've long wondered why it is that people haven't slapped their politicians around until they understand that it is not necessarily their job to keep passing more and more laws. Sometimes, effectiveness and "good government" could be equally measured by the review of and quite possibly repeal of existing laws that do NOT serve the public good.
It is my own personal opinion that complex laws serve only the legal _system_ and the people that work within its structure, rather than the people that must _use_ the legal system (us, the mere mortals who on occasion have the unhappy desire or need to get ground up in the system's gears).
Re:Whoa there boy! (Score:2)
How many politicans or political candidates have an alternate viewpoint
Sometimes, effectiveness and "good government" could be equally measured by the review of and quite possibly repeal of existing laws that do NOT serve the public good.
It is my own personal opinion that complex laws serve only the legal _system_ and the people that work within its structure, rather than the people that must _use_ the legal system
Could it be that many professional politicans are either lawyers or in some way connected to lawyers?
Re:Whoa there boy! (Score:2)
Re:Australia is noce, but... (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.
Re: (Score:1, Offtopic)
Re:Australia is noce, but... (Score:2)
Re: Book Burning and Free Speech (Score:2)
Yes, burning a book (like burning a flag, a pastime the US has toyed with legislating against) is an act of free speech, but I was making an (admittedly unclear) statement about the prevailing attitudes in some parts of the US body politic. I think you'll find that the people who are burning the book are also petitioning their local public library to take it off the shelf, and are often in danger of succeeding.
Sorry if I wasn't clear.
Re:Australia is noce, but... (Score:2)
The Australian Constitution is quite hard to change. A constitutional referendum requires more than a simple majority across the country to succeed. In addition, it requires a simple majority in a simple majority of the states. Achieving both these criteria is quite hard (out of 44 proposed amendments, only 8 have been successful).
And the English constitution, although unwritten, is more than the common law (if one could rightly say that the common law forms part of the constitution). It incorporates the Magna Carta, the Bill of Rights of 1669, and various royal decrees about such things as the sovereignty of parliament, the independence of the judiciary, etc.
Re:Australia is noce, but... (Score:2)
First, guns were not banned, just certain types of guns.
Second, the crime rate hasn't noticebly changed.
You may notice that none of those web sites have an "au" suffix - or are from any respected news source. Some people in the U.S. of A who have a vague idea that Australia is in the southern hemisphere and is run by baby eating communists have written many articles that make Australia look a lot worse than Beiriut a few years back. "Road Warrior" is a movie - get over it, it isn't real, it's even dubbed into American for those who cannot understand english, and with the print flipped for those who can't understand that people drive on the other side of the road in some countries.
Re:Australia is noce, but... (Score:1)
I always forget about NZ for some reason. I have however seen some pretty cool shows on the discovery channel etc. from New Zealand.
Re:Global Government. (Score:1)
Re:Global Government. (Score:1)
Have you managed to avoid all the debate on the subject?
Speaking as a New Zealand
BTW, how does it feel to be a country?
Never mind - you could be a city - I'm in Hamilton - and no, I don't need your steeeeenkin' sympathy!
Re:Global Government. (Score:1)
Re:Global Government. (Score:1)
Re:Global Government. (Score:1)
>(Aussies and NZ'ers are like Americans and >Canadians, in case you havn't noticed)
The Australians could be compared to "Newfies". However, as thick as the Aussies seem, us New Zealanders love 'em just the way they are.