Tag: Australia

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The Second Parable of Michael Kirby

At his address to the IIA in February this year, Michael Kirby shared some prescient, relevant insights:

“We are moving to the point in the world where more and more law will be effectively expressed, not in terms of statutes, solemnly enacted by the Parliament and sent to the Governor-General for the royal assent – but in the technology itself. What Lessig calls, “Code”. Embedded in the Code, on a multinational basis and effective across borders in a way that could not have been dreamt of in the past, will be effective regulation, expressed in the technology itself.

This is a very important and new development. It’s a development that is not initially in the hands of democratic legislators. They don’t set the balances and adjust the competition between free usage and fair usage, free expression and protection for copyright. This is not going to be done in that way. It’s going to be done in big corporations, protecting their own interests.”

Colin Jacobs from the EFA echoes Kirby’s concerns commenting on Conroy’s internet censorship plans:

“It could go either way. Either this is the last gasp of government attempting to censor the internet – and it is going to run into the same sorts of technological and legal brick walls previous attempts have – or the Government will have succeeded in getting their hooks into the internet.”

“And then you can be absolutely sure that every special interest group will be lining up to have their particular bugbear dealt with. The copyright lobby will be first in line to have file sharing websites banned. Then you’ve got two gentlemen with significant influence due to the balance of power in the Senate – Senator [Nick] Xenophon, who is against internet gambling, and Senator Fielding, who would be against all adult material on the internet. It’s not panic mongering to say that; these people are on the record.”

To date the most enthusiastic participant in Conroy’s filter “trials” is Primus, whose CEO Ravi Bhatia said “It’s easy for us to do it”. Optus will trial filtering of the ACMA blacklist “limited to a specific geographic area, with customers given the option to opt out of the trial.” iiNet is participating “to make sure the public, media and political players are well informed and realise that it is bad policy. We hope that the outcome of this trial will be the final nail in the coffin of this misguided approach, which seems to re-surface with every new minister.”

The trials are expected to start on December 24 and run for a 6 week period.

Under Conroy’s proposed cybersafety plans, $44.m is set aside for ISP based filtering.

How can we, the public, ensure *our* interests are protected, when our access to information on the internet is under attack by government, religious groups, moral panickers and business interests?

UPDATE Dec 21

Ban.This.Url.com scoops the pool with a stunning interview with security expert Matthew Strahan, whose precise knowledge, if it was understood by Rudd and his minions, should alone cause Conroy’s net censorship plans to be canned as an extremely tasteless, dangerous joke.

The interview is in three parts – Exclusive: White hat hacker tears apart flaws in Aussie net filtering scheme, Interview with a white hat hacker, Part 2: The filters’ vulnerabilities and Interview with a white hat hacker, Part 3: What machines can’t judge and why.

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Stephen Conroy, Minister for Digital Obstruction

Conroy FiltersCongratulations to the AFP who have busted another clutch of child proners. The ring used a private peer to peer network to traffic their sordid cargo, as distinct from the web http protocol which Conroy’s vaunted ISP filters will throttle.

“We have offenders here who range from unemployed through to Queen’s Counsel, through to childcare workers, police officers,” Deputy Commissioner Colvin said.

Basking in the reflected glory of the police sting, the saturnine Stephen Conroy muddied the waters by concatenating other reasonable strategies with his proposed web censorship filters.

“The internet offers a wide range of opportunities for all Australians, but for the nation to truly benefit we need to ensure a safe online environment,” Senator Conroy said.

“The Rudd Government recognises that there is no silver bullet solution to cyber-safety and is investing $125.8 million in a comprehensive range of measures, including law enforcement, education, content filtering, research, international cooperation and a youth advisory group.”

Conroy still hasn’t let the public know precisely which ISPs will be participating in the next set of closed loop web filter trials, though iiNet says it is participating to show how useless they are and Optus says they’re in. Nor has the public been informed if the results of the forthcoming dummy trials will be available for independent scrutiny.

From the whirlwind of complaints on the Conroy / Tanner blog, (if one can call such a poor effort at net communication a blog at all given there is no interaction forthcoming from the high and mighty, no threading of the back to front comments, no archive and no continuity of posts, let alone an RSS feed), it’s clear the public are well-informed about web censorship and are very angry. Most comments call for an abandonment of the policy and many demand Conroy’s removal.

The Fringe cynically suspects the exercise is ‘consultation’ in the usual patronising governmental style – just for show, to help the punters feel ‘involved’. The real decision has already been made by the Hollow Men, and will be executed regardless of criticism and advice from experts and the public. Has the upper echelon of Labor been overrun completely by puritanical Old Guard dinosaurs, is Conroy after Hogg’s job or is courting the wowser votes of Fielding and Xenophon so imperative Labor is willing to run the gauntlet of millions of angry Oz internet users at the next election?

Around the traps, Broadbanned Revolution provides a scoop from the UK, revealing the rationales used by ISPs there who do not censor their feeds.

Abroad, Conroy’s ISP filters are highlighted in the New York Times. However the article fails to mention that both filters proposed by Conroy would be mandatory for ISPs to implement, with an opt out choice only available on the second.

Internet pothole, Clive Hamilton, is quoted with another of his ubiquitous false analogies:

“The laws that mandate upper speed limits do not stop people from speeding, does that mean that we should not have those laws?” he said. “We live in a society, and societies have always imposed limits on activities that it deems are damaging.” he said. “There is nothing sacrosanct about the Internet.”

Ah, Clive, speeding limits don’t damage one’s car engine or the roads on which one drives, in fact quite the reverse.

As Web 2.0 startup business expert Duncan Riley says:

“The whole [online blog consultation] thing is a joke considering Conroy’s Great Firewall will kill internet speeds and drive up internet connection costs in Australia, potentially crippling online businesses.”

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Government Digital Economy Blog Launch

Lindsay Tanner gives a well-crafted introduction to the new Government Digital Economy blog, which is to be open for a whole 18 days.

The Oz government is offering to receive online policy suggestions which contribute to their Future Directions paper to be released early next year.

Some of the themes to be explored include:

  • What does the digital economy encompass?
  • How do we maintain the same ‘civil society’ we enjoy offline in an online world? (this is the post that touches on the issue of filtering and we welcome your feedback about the issue in response to this post)
  • Is there a benefit for the digital economy from open access to public sector information?
  • Does Australia’s regulatory framework need tweaking to enable a vibrant digital economy in Australia
  • How can the digital economy respond to environmental concerns?
  • What should Australia do to ensure that our businesses and citizens have the necessary skills to participate fully in the digital economy?
  • How can we measure the success of Australia’s digital economy?

Perhaps tellingly, the associated Conroy media release doesn’t include the bracketed explanation re web filtering.

As ever, the Fringe is cynical. Yet hopefully, this blog consultation initiative won’t serve merely as online placation to the overwhelming groundswell of valid dissension against and criticism of Conroy’s ill-considered web censorship plans. In other words, scream as loud as you like, people, we hear you – look, we published all your comments, but nanny knows best.

That the government apparently wishes to make online society like our ‘civil’ society indicates little has been learned on their part hitherto in this debate about the nature of the internet itself. The ever-present hunger for control is self-evident.

The new list of Filter Fallacies invoked by defenders of net censorship is an excellent starting point for people wishing to challenge the Conroy Doctrine.

For example,

The Conroy Fallacy: That if you are against the filter, you are for child pornography.

or

The Hamilton Fallacy: That censoring the Internet is just like censoring other media

UPDATE

Law enforcement agencies have been disempowered with the ‘Labor Government’s recent removal of $2.8m from the increased funding for OCSET (The Australian Federal Police’s Online Child Sexual Exploitation Team)’, the implausible implication being that web filters will be relied upon by government to take up the slack.

The Labor plan to censor the internet is in shreds with Telstra and Internode refusing participation in Conroy’s flawed closed prototype trials.

Senator Conroy’s office could not explain why it was telling people that the trials would not involve actual customers, which would give little indication of the real-world impact of the filtering plan.

Senator Conroy himself has consistently dodged questions about his policy in Parliament.

“How on earth could you conduct a ‘live’ trial if there are no customers to assess?” Opposition communications spokesman Nick Minchin said.

“The minister also continues to be deliberately vague and cryptic about the definition of unwanted content and now he is unable to clarify how this so-called live trial will be conducted, even though he wants it to start before December 24.”

The Greens today called on the Government to abandon its internet filtering trial, saying it was flawed and doomed to failure.

…

Senator Ludlam said in a phone interview he believed Labor would drop the mandatory filtering policy in the new year once the now scaled-back trials were completed.

He said the Government could not abandon it now “without losing significant political face”.

APC critiques Conroy’s new blog

UPDATE Dec 10

Conroy has not revealed why the trials will not involve actual customers.

Mind maps of Conroy’s flawed net censorship policy and fallout if it’s implemented.

OCAU Internet filtering WIKI – a vast compendium of links on a timeline.

Conroy gets a blog bashing over his net censorwall.

The Australian Information Industry Association (AIIA) has raised concerns about the effectiveness of a new Federal Government digital economy blog in policy development.

If you have submitted a legitimate comment to the new DCBDE Blog and it hasn’t been published, go to Filtering Fallacies and voice your concern.

Three terrific articles on Spiked discussing the censorwall saga – Danu Poyner’s ‘Digital Natives’ take on censorious Kevin, with a history of the current netviral protest against Rudd’s paternalistic ambitions to nobble the big WWW, Kerry Miller’s Liberal tyranny on the World Wide Web which examines the extent to which Clive and the Hairshirts in tandem with the reactionary Catholic Labor Party right wing have hijacked the agenda, and Guy Rundle’s Tear down Australia’s Great Firewall Reef. Guy summons thoughts of Bertrand Russell and Voltaire, when he says “freedom of speech has to be defended against the equation of its use with the small amount of criminal behaviour conducted within it, and against the moralising notion that consensual adult images and activities should not be freely accessible lest they cause ‘harm’.”

It comes down to numbers now. Kevvie will lose face if he drops the silly policy, not just here but worldwide – perhaps most importantly in Asia, where they take things like that very seriously. At present he’s riding high in the polls. Should the issue reach the house, there’s no guarantee some of the moralistic wankers and technological retards in the Liberal Party may not cross the floor. Turnbull has been very very quiet on the issue, though of course, in politics, timing is everything.