[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.
Great articles on other sites
- Qld opposition blasts IBM lawsuit as waste of money
- NBN Co strategic review to be released tomorrow
- Xbox One smashes sales records
- Tech leaders call for speed, ubiquity in NBN rollout
- AIIA urges Hockey to tackle taxes
- IBM accuses Qld govt of trying to ‘rewrite history’
- Newlease undergoes reverse takeover to score ASX listing
- Australia Post loses battle | The Australian
- Start-ups leap at Telstra's accelerator
- Labor won't hand over NBN advice to Turnbull
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.
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.
Internet, News - Written by Renai LeMay on Wednesday, November 14, 2012 12:15 - 17 Comments
iiNet, Internode implement Conroy’s new filter
news National broadband provider iiNet and its subsidiary Internode have pledged to implement the limited child abuse Internet filtering scheme adopted as policy last week by the Federal Government, noting they had received independent legal advice advising them to comply with a new “compulsory” request by police to do so.
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; Conroy said last week that it will now be extended to other ISPs.
In mid-2011, a number of ISPs, such as Telstra, Optus, iiNet and Internode, received such requests from the Australian Federal Police to implement such a filtering scheme for the Interpol list. At the time, Telstra and Optus complied with the request and have had their filters working for more than a year with no known public complaints, while a number of other ISPs, such as iiNet and Internode, declined to do so, citing uncertainty about the legality of the request.
However, posting on broadband forum Whirlpool this week, iiNet group chief regulatory officer Steve Dalby noted that the Section 313 notices received in mid-2011 by the ISPs had made it clear the scheme was “voluntary”. New notices issued to ISPs recently, however, he said, had the word “voluntary” removed from their text.
“… the AFP advised us that compliance was voluntary. As a result we declined to participate,” Dalby wrote. “Now it is clearly no longer voluntary and we are obliged to comply, which we will. As you will no doubt have read from the press release, all ISPs will be served notices by the AFP. I’m sure most will take legal advice on the effectiveness of the notifications and act according to that legal advice.”
Dalby noted iiNet had sought legal advice on the Section 313 notice, and added: ” … we are satisfied that both the advice and our obligations are clear.” However, he declined to release that legal advice to iiNet’s customers and the public, or to release the text of the Section 313 notice issued by the Australian Federal Police to iiNet.
“There’s no need for a press release,” he told Whirlpool users. “We see the matter as ‘business as usual’ – we comply with legitimate request or directions from law enforcement agency all the time. This is no different, now that the element of volunteering has been removed.”
“It’s not complicated,” he added. “The Act hasn’t changed, the section 313 notice has. Previously, it seems, some ISPs were prepared to act on the ‘voluntary’ s313. We declined. Now that it is no longer voluntary, we are complying … The word ‘voluntary’ was deleted from the MS Word document. Why is this such a hard concept to grasp?”
However, not everyone believes that the Section 313 notices which are being used by the Australian Federal Police to implement the limited Interpol filtering scheme are in fact legal.
For example, this week Australian free market thinktank the Institute of Public Affairs 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.
“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.
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.
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?
Image credit: iiNet
Latest Delimiter 2.0 articles (subscriber content)
|It’s hard to imagine how things could have gone worse for Malcolm Turnbull in his first three months as Communications Minister. With the public rapidly turning on the Earl of Wentworth over his horribly unpopular new NBN policy, a growing perception that he’s stacking NBN Co with partisan staff and a lack of transparency verging on the hypocritical, it’s hard to find positives for the Earl of Wentworth from his initial period in office. Turnbull is truly fumbling the catch on both political and functional levels.|
|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.|
Enterprise IT, News - Dec 13, 2013 17:36 - 0 Comments
More In Enterprise IT
- Brisbane Airport outsources IT to Data#3
- Fascinating case study about open source cloud
- “Diabolical mess”, “Scandal of epic proportions”: NT ICT Minister damns Fujitsu to hell in extraordinary rant
- Qld confirms plans to sell CITEC
- David Boyle appointed NAB CIO
Blog, Telecommunications - Dec 13, 2013 13:32 - 19 Comments
More In Telecommunications
- Delimiter publishes internal NBN Co FTTN analysis
- Please accept my apologies: I was wrong about Malcolm Turnbull
- NBN Co cancels FTTN rollout for HFC areas
- Vodafone’s Morrow new NBN Co CEO: AFR
- Turnbull requests Labor’s secret NBN docs
Blog, Industry, Startups - Dec 10, 2013 10:19 - 0 Comments
More In Industry
- Telstra shares millions with Box
- The Australian IT sector needs a stronger voice
- 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
Digital Rights, News - Dec 12, 2013 16:17 - 5 Comments
More In Digital Rights
- No plans for specific ASD intelligence inquiry, says Inspector-General
- Telstra ‘not logging’ customers’ web, email history
- Labor, Coalition reject Intelligence committee reformation
- Screwed: Australian PS4, Xbox One lack basic functionality
- Censored: Appeal for AG’s Blue Book fails