Over the top and out the window

Moral Panic

Moral panic has reached new, Orwellian heights in Oz, with a 60 year old Maroochydore man charged over republishing a video link showing a man swinging a baby around by the arms.

The controversial three-minute video had already been published widely across the internet and shown on American TV news shows. The clip can still be found online today.

The baby is laughing and smiling at the end of the clip, but the video has attracted criticism from child-welfare advocates because of how vigorously the man swings the baby by its arms.

Will those downloading and /or republishing pics of the deceased Steve Irwin dangling his baby round the maws of an Australia zoo crocodile or Michael Jackson holding a baby over a balcony experience similar visits from the boys in blue?

Meanwhile, parts of Wikipedia have been blacklisted by a British online child pornography watchdog, [IWF] causing almost every internet user in Britain to be blocked from contributing to the site anonymously. Colin Jacobs illustrates how this is ‘a perfect snapshot of things to come in Australia if the cleanfeed is introduced here’.

The Internet Watch Foundation is an unelected self-regulated body which operates as a charity in the UK.

Conroy has stated that Australia will be filtering the IWF blacklist.

And in NSW, an internet cartoon showing characters modelled on Bart, Lisa and Maggie Simpson engaging in sex acts, is child pornography, a judge has ruled in a landmark case. The judge concluded

a fictional cartoon character is a “person” within the meaning of Commonwealth and NSW laws.

Justice Adams said the legislation’s main purpose was to combat the direct sexual exploitation and abuse of children that occurs where offensive images of real children are made.

But, he said, it was also calculated to deter production of other material, including cartoons, which “can fuel demand for material that does involve the abuse of children”.

If one accepts that the cartoons were of real ‘people’ and there is no valid artistic defence in this case, the judgment appears to be supported by existing Commonwealth legislation which proscribes

(a) material that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:

(i) is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or

(ii) is in the presence of a person who is engaged in, or appears to be engaged in, a sexual pose or sexual activity;

and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive;

The Explanatory Memorandum to the Act goes further:

…”depictions”… is intended to cover all visual images, both still and motion, including representations of children, such as cartoons or animation. … “descriptions” … is intended to cover all word-based material, such as written text, spoken words and songs.

In dissension, Greg Barns, a specialist barrister in criminal and human rights law, said

the decision showed that the laws surrounding child pornography were too broad if cartoons could be classified as child pornography.

Tacky ripoff, or child porn? would the cartoon offend a ‘reasonable person’? Haven’t seen it, so we can’t say. Still, prohibiting cartoons which might possibly incite another Thoughtcrime seems a bit over the top.

While all exploitation of children is to be deplored, news stories about the world’s most horrificly obscene and prevalent forms of child abuse – starvation and malnutrition – are given scant exposure. Is this because these travesties tend to happen in Africa and don’t count or because US food and shipping companies and their political minions are exempt from moral opprobrium?

U.S. farm and shipping lobbyists have stifled efforts to simplify aid deliveries, leaving Africans to starve when they might have been saved, said Andrew Natsios, a professor at Georgetown University in Washington who led USAID, the Agency for International Development, from 2001 to 2006.

“No one can take the high moral ground against it, so they hide behind closed doors and kill it,” he said. “It’s all done behind the scenes.”

The number of the world’s hungry will grow from about 967 million this year to 1 billion in 2009, predicts Olivier E. De Schutter, a professor of human rights at the University of Louvain in Belgium and an adviser to the UN on the right to food.

One ingredient in this recipe for famine, U.S. food aid, differs from policies of the European Union and Canada, which buy food near where it is to be used. The U.S. program serves domestic interests more than the world’s needy, said Gawain Kripke, a senior policy adviser at Oxfam America, a Boston-based affiliate of the aid group Oxfam International.

According to UNICEF

Each year malnutrition is implicated in about 40% of the 11 million deaths of children under five in developing countries, and lack of immediate and exclusive breastfeeding in infancy causes an additional 1.5 million of these deaths. However, contrary to popular belief, only a fraction of these children die from starvation in catastrophic circumstances such as famine or war. In the majority of cases, the lethal hand of malnutrition and poor breastfeeding practices is far more subtle: they cripple children’s growth, render them susceptible to disease, dull their intellects, diminish their motivation, and sap their productivity.

A Chorus of Logical Discontent

Clive Hamilton stirred an orchestra of disdain this week at Crikey with an amazing flakey rant, bragging about his fathering of Conroy’s proposed net censorship bastard. Such a polyphony of fallacious sour notes is peculiar from a Professor of Ethics with University maths training who regrets not studying philosophy, as Jon Seymour reveals in the foot of his superb dissection of Clive’s fuzzy thinking – and it shows.

Again in contrast, many of the comments following Clive’s disastrous diatribe, Colin Jacob from the EFA’s excellent article and Stilgherrian’s wittily scathing remonstrations, display cogent, honest reasoning.

For a very readable overview of the Australian net censorship issue, Raena Lea-Shannon’s piece “Conroy’s Web” is highly recommended. In the UK, Conroy is shamed as well, with the Guardian publishing a feature on Australia’s past and present antipodean obsessions with censorship.

And last but by no means least, Matthew Thompson over at ABC Unleashed makes the Fringe’s annoyance with the shallow populist prudery and technological blinkerdom of Rudd and team seem positively milquetoast.

Is debate between moral absolutism and moral relativism a red herring when the primary criticism of Conroy’s scheming is its technical unfeasibility? or should we watch carefully regardless, since as Oz moves toward a republic, tussles between cognitivists, noncognitivists and other philosophical camps will be germane to the formation (or not) of an Australian Bill of Rights.

NB To follow up – current HREOC Discussion paper and Louis Brandeis’ famous judgment.

Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. . . . Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

TWITFLASH!

@michaelmeloni
Clive Hamilton responds ( http://is.gd/8Drp ) to Jon Seymour’s article on STotC ( http://is.gd/8xz8 ) #nocleanfeed

MORE NEWS

Glenn Milne weighs into the debate, examining some of the unintended consequences of existing net filters.

Jon Seymour has now rejoindered to Hamilton’s response to him, aptly pointing out the false dichotomy presented in Clive’s ‘argument’ and maintaining “unless Clive admits he made a mistake and that his dichotomy was actually false, the charge of intellectual dishonesty still stands”.

Mark Newton comments on the impact of filters on net speeds.

Somebody Think of the Children notes that Logipik, a php image filter, interprets pictures of Conroy as porn.

More comment on the unworkability and undesirability of Conroy’s net filters from internet security expert, James Turner.

NEWS UPDATE

Senator Nick Minchin encapsulates the current debate on net censorship (Fringe can’t believe she’s commending a Lib for principled common sense – are they returning to their ‘liberal’ origins?):

“The Opposition firmly believes that adult supervision, supported by optional user-end filters, effective law enforcement and education should be front and centre of any efforts to keep children safe online,” he said.

“In relation to criminal conduct online, our nation’s law enforcement bodies must be adequately resourced to monitor and investigate unlawful activity.

“There is no technical substitute for appropriate adult supervision when it comes to keeping our children safe online and most parents and teachers take that responsibility very seriously and any suggestions to the contrary are patronising and offensive,” Senator Minchin said.

“Labor’s plan to implement a mandatory Internet filter at ISP level has been roundly attacked with valid concerns raised about its likely effectiveness, the adverse impact it would have on Internet speeds and performance and also the precise nature of the content the Government plans to filter.

“The Communications Minister Stephen Conroy has further fuelled concerns with his talk of filtering not only illegal content, but also unwanted and inappropriate content. This policy proposal is also causing Australia embarrassment internationally, with comparisons to the world’s most repressive regimes,” Senator Minchin said.

“The Internet interprets censorship as damage and routes around it.” – John Gilmore

UPDATE 30 Nov

Chris Berg from the Institute of Public Affairs points out the obvious:

There is a certain element of Australian political culture that sees censorship and banning as the panacea to almost every social and policy question. But wowserism dressed up in concerned rhetoric about the sanctity of childhood is still wowserism.

UPDATE 1 Dec

Even children’s welfare groups see the filter is deeply flawed.

@KevinRuddPM in a Twatty Twitter

Pipped at the post by @TurnbullMalcolm by several weeks, @KevinRuddPM is getting off to an embarrassing, stumbling start. A couple of hours after we first followed Kevvie, all his followers were wiped clean – in a supposedly inexplicable Twitter crash. We readded ourselves quickly, yet were not followed back. In fact, we had to delete then add ourselves again later so Kevvie would follow us, after his Twitter Team announced all followers were to be automatically followed. Democratic governments are the servants of the people, not the other way around, after all.

Unlike Malcolm’s constant, urbane twitterings which are written by none other than the man himself and which include direct, pertinent responses to his followers, Kevin and his Twittering Team have managed just 7 flaccid, dead fish declarations, and no public responses. Twice, his eager followers have been reminded, groan, that Kevvie is off to the G20 in Washington. Has Kevvie no mobile with him on the plane to Washington whereby he could ameliorate his limp Twitter image? Should we infer that he is too busy collecting his thoughts for that great occasion and being a man can only think about one thing at once? With Conroy continuing to make a dill of himself with his unworkable, unpalatable internet censorship proposals, Kevvie is adding insult to injury with his inept handling of the powerful social networking and communication tool Twitter has become – creating the distinct impression Kevvie and his team just don’t understand the internet at all.

Surely his media advisers had studied @BarackObama and @DowningStreet prior to launching into the twitterverse? Get it together Kevvie – why didn’t you set up another identity a while back and practise with your friends to avoid being labelled a Twitter noob?

Prevent the Victoriana epidemic

ConroydomsThe drift of the ALP to the right during Howard’s reign was palpable and now, nearly a year after the ALP winning the last federal election, Christian fundamentalism has inserted its cloying puritanical payload firmly into the Oz body politic. With the Family Fist joyously inserted into its nether regions, whilst ignoring the admonishments of savvy internet doctors and pleas of free speech advocates, the ALP Government is exposing Australia to the risk of serious infection by the sinister Victoriana bacillus. Minister for Broadband, Communication and the Digital Economy, Stephen Conroy, exhibiting the most florid symptoms of technological denial and prudery, is refusing to backtrack on his seriously flawed bleatings that other western democracies employ internet condoms similar to the pricked sheath he proposes. In fact, Conroy’s proposed internet censorship regime is shared only by such human rights champions as China, North Korea, Iran and Saudi Arabia.

Conroy is avoiding the question of exactly what ‘unwanted material’ he’s hoping to block from dainty Australians’ minds, whilst attacking and attempting to gag learned critics of his plans. Is this the thin edge of a totalitarian wedge which Conroy, along with the sexually repressed, intolerant religious right, is pushing?

Paws off, ConroyThe Government needs the support of the Greens and Opposition to ram net censorship legislation through, so they are unlikely at present to succeed. However, Conroy is still signalling the commencement of censorship trials from December 24 and has called for expressions of interest from ISPs. Quite possibly the Government has another agenda – their attack on the internet, being pre-doomed to technological failure, may still prove a successful tactic in obtaining the support of Senators Xenophon and Fielding for other Government bills.

What to do? prevention of a nauseating epidemic of Victoriana is better and less costly than cure. There’s an online petition at Computer World worth signing. Folks can also contact Conroy direct here.

A Tribute to Pirate Pete and Charlie the Cockatoo

Last year, the smartest cockatoo ever passed away of natural causes at the age of 29. Charlie was much beloved by her human family and fans across the Australian continent over which she roamed with her performing mate, Pirate Pete.

We caught up with the Pirate recently and obtained this video of some of the lovely Charlie’s antics. The charismatic female sulphur-crested cockatoo was highly intelligent, affectionate and good humoured, more so than many humans.

Cockatoo is a Malaysian word meaning pincher or old father.