Isps Hit Surfing Watchdog Laws
The Age
Tuesday March 30, 1999
TECHNOLOGY AND Internet groups upset about proposed censorship of Internet content have been told the Federal Government is determined to bring in the new laws as soon as possible.
Although the Government has said for some time it will bring in controls, an announcement earlier this month threw the Internet industry into consternation, especially at the prospect of ISPs having to block content not under their control.
A ``net watch" body will be set up to take and direct complaints about Internet content, and it will be an offence to give access to illegal material after being warned. Australian ISPs will have to remove material rated X or refused classification if they host it for third parties. Unspecified controls will be brought in for ``adult" material hosted in Australia to make sure it's seen only be adults.
A spokesman for the Communications Minister, Senator Richard Alston, could not say whether Internet users would be told which overseas sites were blocked, or what they would see on their screen if they tried to go to a site that was banned. Uncertainty about how the new rules will be implemented and the penalties have caused concerns among service providers afraid they will have to act as watchdogs, or buy expensive new equipment.
On the issue of costs, Alston's spokesman said: ``The big players are pretty big players ... Someone who's running an ISP out of their garage, we (wouldn't) be looking to impose unreasonable requirements."
He said the legislation would back the Internet Industry Association's code of practice, which requires ``best efforts", but also go further.
``What we're saying is ... There is a need for them to take reasonable steps where technically feasible to do so. If you wanted to really get the ISPs offside, you'd try to legislate a technical means ... It's likely that, in six months' time, the means will have changed. The Internet is becoming more popular, more kids are getting on the Internet, and there's a need to do what is possible to provide protection for them against some of this stuff.
``The bottom line for the Government is, if we don't put in the best effort possible to get some of this sort of smut off the net, we will be irresponsible to the Australian public."
Many ISPs are worried about the possible costs involved in implementing blocks and monitoring material passing over their networks or cached in their systems.
The Internet Industry Association has protested the scope of the new rules, and the Australian Interactive Multimedia Industry Association will also be knocking on Canberra's doors. The AIMIA national chairman Robert Clemente said he was concerned about the effects of the new laws on members who hosted and created content, or were Web developers, and on the multimedia industry generally.
In a press release, the AIMIA lambasted Alston as a ``King Canute" attempting to hold back the tide.
``The proposals to require ISPs to block RC and X-rated material from overseas just won't work," Clemente said. He said the industry ``hadn't been allowed" to comment on the plans and feared they would be brought in without any further talks.
Last year, the Government used the NOIE Web site to flag plans for content controls, but promised to put draft laws out for comment and fine-tuning, which now seems unlikely.
Alston's spokesman said there would be no exposure draft, but there would be sufficient time for everyone to have a look at it, and that the principles had been released in July "97.
Online liberties group Electronic Frontiers Australia is also seeking a meeting with the minister. Spokesman Danny Yee said his group was concerned about how sites would be rated.
Alston's spokesman said that if necessary, the law would be changed make the ratings possible.
He would not say who Alston would meet out of the groups wanting to speak to him, but said Australia would be pushing for international agreements that could ultimately see other countries agreeing not to send some material to Australian Internet users.
``This is putting our stamp down in terms of where Australia should draw the line," he said.
Australia has picked up a listing in the ``hall of shame" at anti-censoring site www.censorware.org for its content regulation proposals.
© 1999 The Age
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