[ad] The service leader for Cloud is now in Australia. Secure, reliable cloud and managed hosting all backed by 24x7x365 Fanatical Support. Create your free account now.
Buy an Seagate Business Storage NAS for your chance to win a holiday
[ad] Purchase a selected Seagate Business Storage NAS to receive a $20 cash-back AND go into the draw to win a $1,000 Flight Centre voucher so you can holiday in the destination of your choice. T&Cs apply.
How mobile and social media affect your Customer Experience strategy
[ad] How will the adoption of mobile devices and social media affect your Customer Experience strategy? Are you reaching your organisation's customers through these touch points? Click here to download a whitepaper by Fifth Quadrant examining consumer and business attitudes to these new contact channels.
Great articles on other sites
- Turnbull to release NBN review next week
- Canberra blitzes states with NBN take-up rates
- War on whistleblowers from Abbott, Turnbull as ICJ case arrives
- Stockland tech revamp at centre of growth plans
- Clare warns of Gonski-like backflips on the NBN
- Victoria seeks early buy-in to avoid past disasters
- Vtalk bucks the China trend with plan for Aussie build
- Booksellers bristle at Amazon's arrival
- Australian customers upbeat on Dell going private
- FTTP NBN supporters lobby Turnbull
50 things top IT pros need to know
[ad] This 18 page TechRepublic whitepaper explores 10 things you should know to become an epic IT manager, 40 other essential tips to advance your IT career and practical guidance for starting an IT consulting business. Click here to access the whitepaper.
The new IT manager: Trends affecting IT in business
[ad] The tables have turned for IT managers. IT used to be able to dictate which computing assets would be used by employees and how they would be used. No longer. This free GigaOM Pro research paper (click here to download it) gives a solid, fact-based perspective on how IT consumerisation, mobile computing and cloud delivery trends are changing the paradigm.
Internet, News - Written by Renai LeMay on Monday, November 12, 2012 10:03 - 13 Comments
Legal basis shaky for Interpol filter, says IPA
news Australian free market thinktank the Institute of Public Affairs has accused the Federal Government of relying on an “obscure” section of telecommunications law in a way that was never intended to implement its new limited Internet filtering scheme, and warned of the potential for scope creep under the scheme.
Last week, Communications Minister Stephen Conroy announced the Federal Government would abandon its highly unpopular and controversial mandatory Internet filtering policy in favour of a more limited scheme that will see Australian ISPs forced to block a much smaller list of child abuse sites supplied by international policing agency Interpol. The legal mechanism for the scheme to proceed is Section 313 of the Telecommunications Act, which allows the Australian Federal Police to request assistance from local telcos. Telstra and Optus implemented the scheme in mid-2011; it will now be extended to other ISPs.
However, in a statement last week, the Institute of Public Affairs, which is usually broadly aligned with the conservative side of politics, issued a statement objecting strongly to the new, watered down Interpol filter. The Interpol list is compiled with the assistance of some 190 member countries.
“The Gillard government is handing over control for the list of banned websites to the international police agency, Interpol, and is using an existing law in a way that was never intended,” said Simon Breheny, director of the IPA’s Legal Rights Project.
“The use of an obscure provision of the legislation raises serious legal issues – it is highly doubtful whether the law can be used to compel ISPs to block websites at the Minister’s behest. If the Minister always had the power to impose an internet filter without the need for new legislation section 313 would have been used from the beginning,” Breheny added.
“Using the Interpol list means foreign countries, including Iran, Cuba and Zimbabwe, will now dictate what Australians can and cannot access online. Many of these countries have tyrannical governments that do not share our liberal democratic values. There is no guarantee that the list will not eventually include websites with political content.”
“The government’s new internet filter has been cobbled together by a Minister obsessed with controlling what Australians do online. It should be abandoned as being an even greater threat to online freedom than the original mandatory internet filter,” he said.
The IPA’s concerns about the legal basis of using the Telecommunications Act to force ISPs to comply with the Government’s new scheme echo similar concerns which were raised by the ISPs themselves in mid-2011 when the scheme was first mooted, with companies such as iiNet noting they were unsure as to how they would react if the AFP issued them with a notice requiring them to block a supplied list of sites. Other ISPs, such as TPG and Exetel, said flat out at the time that they would not comply with such a request.
Last week, most digital rights, political and telecommunications organisations in Australia – including Electronic Frontiers Australia, the Pirate Party of Australia, the Internet Society of Australia (ISOC-AU), the Greens, the Opposition, the Internet Industry Association and others welcomed the Government’s backdown on the mandatory Internet filter and the implementation of the new scheme.
However, some, such as ISOC-AU, noted that they still had concerns with the details of the new setup. “Our concerns now centre on how the new policy is to be implemented. Issues such as user notification, mislabelled sites, the mechanisms used for blocking, as well as the oversight of the system,” said ISOC-AU said ISOC-AU president Narelle Clark. “The Society, with its technical expertise, stands ready to assist in implementation of the new policy.”
Delimiter has encouraged the Minister to hold an open press conference on the issue to take questions from the media, as well as to issue a discussion paper on the issue which would allow the public to comment on the scheme formally. In addition, we have invited the Minister to respond to the following questions in writing:
- Given the wide-ranging nature of the Interpol filter — affecting most Australian Internet users — why was no public consultation held before the Government decided to take take this step? I note that the Government has never held a formal public consultation into Internet filtering in general.
- How would the Government respond to the claim that there will be no civilian oversight of this Interpol filtering scheme, with key information about it only being released over the past several years through Freedom of Information requests filed with the Australian Federal Police?
- ISPs such as iiNet, Internode, TPG and Exetel have declined to participate in this scheme so far over the past 12 months, with some citing uncertainty of the legal situation. How would the Government address the claim that the legal ground of this Interpol filtering scheme, notably the process whereby the AFP issues notices to ISPs, is not clear?
- Which further ISPs will the AFP issue notices to? Has the Government already received support from those ISPs for the scheme? How will the Government react if an ISP declines the notice?
- How would the Government respond to the claim that there is the potential for the AFP to issue notices beyond the Interpol list to ISPs, in an approach which could be dubbed ‘scope creep’?
- Neither Telstra nor Optus explicitly notified customers that they had implemented the Interpol filter when they did so last year. What guidelines will the Government be placing around ISPs’ participation in this scheme?
Latest Delimiter 2.0 articles (subscriber content)
|Politicians from Australia’s major parties need to stop issuing ludicrous blanket pardons for the intelligence community’s ongoing misdemeanours and start applying a basic modicum of transparency and accountability to this important national security function.|
|The independent pro-fibre National Broadband Network movement is doing a far better job of promoting Labor’s Fibre to the Premises-based NBN policy than Labor itself. When is Labor going to wake from its slumber and start supporting this scrappy but energetic grassroots network of activists?|
|Ziggy Switkowski's first substantial public appearance since being appointed NBN Co chief executive has starkly demonstrated just how different he is from his predecessor, Mike Quigley, and just how strictly he will adhere to the guidelines which his patron, Communications Minister Malcolm Turnbull, has set for him.|
|Australian technology companies have been virtually absent from the the nation’s public stockmarket over the past decade as the stigma of the dot com bust took its toll on investor confidence. But a clutch of new listings planned for the closing months of 2013 shows renewed interest in the sector and that local entrepreneurs are smelling money in the air once again.|
|NBN Co’s Strategic Review process gives the company an unmissable opportunity to re-evaluate the early decision to deploy its FTTP network primarily through Telstra’s underground ducts. The company and its new Coalition masters must now seriously consider deploying more fibre aerially on power poles in an effort to speed up its rollout substantially.|
|That moment which many Australian technologists fervently hoped for but never expected to see has come to pass: Simon Hackett has been appointed to the board of the National Broadband Network Company. But what questions should the Internode founder be asking NBN Co’s executive management team? Here’s five ideas to start with.|
|The rapid replacement of respected NBN Co chief operating officer Ralph Steffens with a Telstra executive who appears less experienced with fibre rollouts but better politically connected represents a key signal that NBN Co’s senior executive hiring process has now become completely politicised and is no longer independent from the Federal Government.|
Enterprise IT, News - Dec 6, 2013 12:50 - 0 Comments
More In Enterprise IT
- Payroll disaster: Queensland sues IBM
- End of an era: Oracle Australia’s ‘safe hands’ leaves
- Qld launches whole of government IaaS panel
- Defence finally allows staff iPhones, iPads
- NSW Govt refreshes ICT Advisory Panel
News, Telecommunications - Dec 6, 2013 11:54 - 131 Comments
More In Telecommunications
- NBN Co internal FTTN analysis: Turnbull refuses to retract inaccurate claim
- Defying the Senate: Turnbull to release NBN Review by end of 2013
- Senate to force Turnbull to publish NBN Review
- Get on with FTTN job, Quigley tells NBN Co
- Senate circus shows politics has no place in NBN
More In Industry
- Xbox One goes off with a bang … but will the PS4 launch eclipse it?
- It’s not just Freelancer: Aussie tech IPOs are back in general
- Freelancer’s IPO: A billion reasons to care
- Australian retailers online: Late to the party and much to do
- DesignCrowd picks up another $3m
Digital Rights, News - Dec 5, 2013 14:08 - 25 Comments
More In Digital Rights
- Global privacy group files formal ASD complaint
- Labor open to surveillance discussion
- Snowden an “American traitor”, says Australia’s Attorney-General
- ASD goes rogue with Aussie metadata
- It’s live: Delimiter publishes AGD FoI mirror