NSW Parliamentary E-Brief on mandatory filtering

November 21, 2008 – 10:56 pm

The NSW Parliamentary Library Research Service has put together a briefing on the government’s filtering proposal which is available to download as a PDF here. It reads:

At this stage, the Rudd Government proposal would restrict blanket mandatory ISP filtering to the illegal RC content, based on the ACMA’s ‘black list’ of prohibited websites. The details are unclear, but it seems adults would be able to ‘opt out’ of the filtering of other levels of ‘prohibited content’, containing material that is either offensive or unsuitable for children.

I must add that RC content is not illegal, unless you’re selling or exhibiting it (or you live in WA or some parts of the NT/ or the content is child pornography). That aside, the report also examines the state of filtering in other countries often used as examples by Senator Conroy.

With the limited exceptions of Germany and Italy, mandatory ISP level filtering is not a feature of any of the countries reviewed. In place, rather, are voluntary ISP filtering schemes designed to prevent accidental access to a defined list of illegal sites containing child pornography. However, in the UK the position seems to be that the internet industry is encouraged to participate in this scheme, under threat of regulatory intervention should it fail to do so. The line between mandatory and voluntary participation is not clear-cut.

The Internet Industry Association clarifies that statement at ZDNet:

…While the authors said that Italy had imposed mandatory filtering, it was “in fact subordinate legislation — not law per se. It gives effect to an agreement that was previously reached by ISPs and the relevant regulator. To that extent, Italy has not enacted mandatory ISP filtering, either.”

The IIA added that Germany’s regulation of search engines was implemented by agreement.

Filter supporters talk, Australia listens

November 20, 2008 – 9:28 am

Guest post by Danu Poyner

There was a lively debate about mandatory internet filtering on ABC Radio National’s ‘Australia Talks’ program Tuesday night. While those who have been following the issue closely will recognise much of the conversation, the debate was interesting because it covered new ground in certain areas. Specifically, we got to hear in-depth from some of the people who support mandatory internet filtering, including its self-declared main lobbyist, Child Wise.

Listen to the debate here

The arguments put forward by the scheme’s supporters appear to cover three main points:

  1. Illegal material on the internet is harmful to society and should be blocked.
  2. Censorship standards and content classifications already in place in other media such as TV, radio and print should also be enforced on the internet.
  3. The Government has an obligation to protect children

Taken at face value, these are reasonable points, and were made in a reasonable way by filter supporters Clive Hamilton and Bernadette McMenamin. But there are serious problems with all three arguments, and those problems were laid out equally reasonably by filter opponents Mark Pesce and Dale Clapperton.

Early in the program, Clive Hamilton makes the point that the ACMA blacklist on which the filtering is to be based primarily consists of child pornography and extreme pornography which is illegal. However it’s telling when he says it’s “not a long list compared to what could be on it” (emphasis mine).

Mark Pesce says filtering is a technical solution to a social problem. Dale Clapperton clarifies that no-one is defending the rights of people to access child porn and other illegal material because such a right doesn’t exist, and this point is made often. Mark and Dale argue that we need to think of it as a law enforcement problem, where the solution is to go after human networks rather than technical networks. The point is also made that very little child porn actually exists on the internet, largely because it is illegal.

When it comes to treating the internet the same way as other media, Dale says under the current classification system, anything R or X rated could end up blocked, even if it isn’t illegal. Everyone agrees that beyond illegal material, it’s incredibly subjective to decide what should or shouldn’t be blocked. However, Clive says that as a society we have to make subjective judgments, and implies that he trusts the classifications board to make those judgments. The point is made several times that people can complain to ACMA if they have a problem with a decision.

The idea that ACMA can handle complaints about blocked URLs on a case by case basis is a quaint little picture, but it just shows that supporters of the filter really don’t grasp the sheer scale and speed of the internet. If the lab tests on filtering are anything to go by, we’re talking thousands of incorrectly blocked URLs every second. And given that there are millions of new URLs added to the internet every day, how is the classifications board going to keep up, given that they made 6,449 classification decisions last year?

Bob, a caller from Melbourne, says he can see problems with the filter but would like it to work. He’s particularly concerned about about the safety of internet chat rooms. Dale points out that the filter makes no attempt to work with chat rooms, Skype or instant messaging. Bernadette McMenamin from Childwise says the technical arguments made against the filter are rubbish and mostly red herrings. She says we should get real and see that the Government is trying to do something good!

And there’s the problem. All the arguments for filtering come back to the idea that the aim is to do something good and therefore why kick up such a fuss, even if it’s not perfect? Surely no-one can argue with wanting to do something good! Clive Hamilton trots out a 2003 Newspoll commissioned by his think tank in which 93% of random people surveyed said they’d support internet filtering. But it’s clearly push-polling, just look at the question:

‘Would you support a system which automatically filtered out internet pornography going into homes unless adult users asked otherwise?’

Of course people would support that. I’d support that. As Mark Pesce says, parents have a natural desire to want to tame the wildness of the internet for their children. But such a magical system simply doesn’t exist. And even if it did, bear in mind that Bernadette McMenamin says she believes that the ISP filtering of illegal material will reduce access to child pornography by at least 30-40%.

Did you catch that? That was a direct quote from Bernadette McMenamin, CEO of Childwise, which she herself says is the main lobbyist for internet filtering. Her goal is that it will reduce access to child pornography by 30-40%. That’s what’s being presented as the best case scenario. That’s what all of this is for. And that’s not some kind of wishful thinking statistic that Bernadette made up on the spot. Listen to the program from around the 42 minute mark. Here’s what she says:

“The people who view child pornography on the internet range in their nature and type. There are your hardened pedophiles, those that will network regardless of filters, there are those that are curious, there are those that are looking for a taboo, there are those that are lonely that escalate from watching porn into child porn. So you cannot categorise them into one. There’s been lots of research around brain mapping and typology of child pornographers. You cannot just put them into the hardened child sex offenders role because those guys can’t be changed and they’re not going to be restricted by filters, but those who are going to be restricted by filters are the ones who are curious, the ones who are looking for these images through the commercial websites and my police advisors etc tell me that 30 to 40% of child pornography on the internet is available through the commercial and known child pornography websites and they can be blocked. It’s not removing it, but it’s reducing it.”

So the filter’s main lobbyist is happy to admit that filtering won’t stop hardened child sex offenders, but will deter the curious by blocking commercial child porn sites that are known to the police. In which case, wouldn’t all this time and money be better spent targeting those sites and getting them taken down, rather than dealing with the problem by imposing expensive, inaccurate censorship on every Australian through a massive new national bureaucracy that is inherently prone to misuse?

We can all support the reduction and prevention of child pornography. But let’s approach it in a way that will actually work. A magical filter is a nice idea, but it doesn’t exist. The ‘clean feed’ is the red herring. Hopefully the Government’s live trials will give it the evidence it needs to back out of the ridiculous corner it’s painted itself into and instead pursue a policy direction that might actually achieve what its supporters want it to.

Danu Poyner is a technology tutor, geek for hire and aspiring writer. He blogs on whatever is on his mind at www.danupoyner.com and is currently writing a book for non-geeks about understanding technology called ‘The Digital Migrant’.

Libertus.net guide to Australia’s net censorship plan updated

November 20, 2008 – 9:26 am

Irene Graham has overhauled her excellent Australian ISP filtering/censorship plan page at Libertus.net. The page now takes on a question and answer format, with plenty of new information added.

Australian Sex Party will challenge filtering, what about R18+ games?

November 19, 2008 – 10:23 pm

The Australian Sex Party launches tomorrow with the slogan ’serious about sex’, but is this Eros backed party serious about reducing censorship as reported?

While the Australian Sex Party will work at abolishing the government’s proposed internet filter, their links with Eros suggest their commitment to reducing censorship may not extend beyond pornographic material. Eros continues to oppose the introduction of an R18+ classification for video games despite games of a sexual nature being potentially banned to Australian adults.

Discussing the launch and their policies, party convenor and CEO of Eros, Fiona Patten, told AAP :

“It’s (the filter) a real step backwards to where we’ve come. In fact it’s far more censorial then we probably were 30 years ago,” she told ABC Radio.

“Material that would be classified X-rated … is considered illegal content and that is material that is currently available … in newsagents.

“You will not be able to opt out of that block.”

She also spoke to AFP about the recent AMI billboard removal:

Commenting on a recent case where a company was forced to remove billboard ads for a medication promising “longer lasting sex” because of a large number of complaints, she said an “absolute fear of the word sex” had developed.

“And it’s just crazy,” Patten said. “Sex is as natural to us as food. It’s a necessary part of our lives.”

No mention of games.

Will they be any different to Eros? Will they act only in the interest of Eros members or will they fight to eradicate all forms of media censorship? I’m eager to see their policy documents tomorrow, but I think only time will tell.

Update 20/11/08 11:40AM: ASP policies now online and games get a mention:

To bring about the establishment of a truly national classification scheme which includes a uniform non-violent erotica rating for explicit adult material for all jurisdictions and through all media including the Internet and computer games.

There’s also an interview with Fiona Patten conducted on The Morning Show this morning available on YouTube.

AMI has a new billboard. Start countdown to outrage

November 16, 2008 – 10:51 pm

AMI, who recently altered their ‘Want Longer Lasting Sex’ billboards to read ‘Want Longer Lasting Censored’, will now trial a new billboard. It’ll read ‘Bonk Longer’.

Source: LiveNews / Bob Bain for tip off

Source: LiveNews / Bob Bain for tip off

Jack Vaisman from AMI says it is much easier to explain the word ‘bonk’ in different meaning than the word sex. He told ABC News:

“The word sex you cannot avoid to tell exactly ‘What does it mean?’ But with the word ‘bonk’ you can choose something to say a different way.”

The new billboard can be seen in Sydney on Paramatta Road.

Update 17/11/2008: Some video of the new ads thanks to the No Censorship Aus YouTube channel.

Update 17/11/2008 11:29AM: Stop the clock. Complaints are in. According to ABC ‘the Advertising Standards Bureau says it has received numerous complaints about new billboards advertising a medication for sexual dysfunction.’ The board will decide the fate of the new boards within the next two weeks. More here.

See my post What’s Wrong With Being Offended for more on the AMI case and offensive material in general.

Saturday wrap up: Conroy logic, ACMA blacklist, trial ISPs and Graham Perrett

November 15, 2008 – 5:51 pm

First up, EFA looks at how much content on the current ACMA blacklist is illegal. Of the 781 URLs put on the blacklist in 2007 - 08, 368 of them contained legal content (PDF with summary table).

I touched briefly on this a few days back:

ACMA’s 2007 - 2008 annual report (table 25) shows the number of completed investigations in which prohibited or potentially prohibited content was located. Roughly 55% was child pornography related, with the rest mainly websites containing ‘actual sexual activity’ (X 18+) material or depictions of ’sexual fantasy’ and ’sexual fetish’ (RC).

With respect to ISPs taking part in the trial, Optus is now on board and iiNet has published in detail why they are participating. Westnet will not be.

On the lighter side, there’s a new website called ConroyLogic.com. It basically applies Conroy’s logic to everything.

“If you hate ducks, then you must hate children” or “if you spill kittens, then you must hate children” or “if you whistle at songs, then you must hate children.” You don’t hate children… do you?

Other new anti aussie net censorship sites to launch include Leave the Net Alone, AntiCons, NoCensorship.info, and Stop Internet Censorship in Australia.

Meanwhile, Lauredhel from Hoyden About Town has transcribed the MMM Spoonman filtering special (Part 1, 2, 3) and Mark Newton’s interview on The Today Show. I can’t thank her enough.

Finally, Gobwash directs us to this poem in honour of the “Honrouable Member for Porn” Graham Perrett. Here’s an excerpt:

Say, should an adult buy his book
Well then a naughty mite might look
Upon those pages, rude and lewd…
Immediately their lives are screwed!

Salt Shakers’ outrage metre explodes over Labor backbencher’s sexy novel

November 13, 2008 – 7:05 pm

The Twelfth Fish by Graham Perrett

The Twelfth Fish by Graham Perrett

Here’s a ripper: Moral guardian group and soldiers in the battle against filth, Salt Shakers, are going bonkers over a new book from Labor backbencher Graham Perrett. Why? Salt Shakers believe leaders of the nation should not be encouraging reading that contains ‘extremely graphic’ and ’sexual’ material.

Thankfully no one else agrees (okay, there’s probably a few otherwise I wouldn’t need to write this blog).

Lindsay Tanner has read The Twelfth Fish and thinks some of the expressions that have been made about the book are entirely exaggerated.

Tanner told The Australian:

“If you look around at a few books here and there, you’ll find equivalent sex scenes.”
He described Salt Shakers as one of those “rather obscure and extreme groups” that sometimes get into public debate.

“I suspect my mum would be a little bit worried about some of the content of the book, but it’s an adult novel.”

It had been a long time since books with sex scenes were banned in Australia, Mr Tanner said.

Calling Salt Shakers an obscure and extreme group is putting it nicely.

You’re probably wondering what’s so naughty about this book by now so here’s some extracts thanks to The Daily Telegrah (who of which has two warnings about the possibly offensive content you’re about to read, as if one was not enough).

“Was there any alternative when a deliciously warm hand was masturbating me while another hand cupped my balls and kisses were orbiting my groin in ever-diminishing circles.

“My heart, my universe, my soul, my everything was in Cylla’s (fellow teacher at his school) mouth and nothing else mattered.

“I started to worry about Cylla’s jaw muscles cramping … orgasm threw my sense of perspective.” (pg 155)

Another oral passage:

“She pressed on, supportive and relentless, sliding down beneath the blankets, kissing and licking and positioning herself firmly beneath my knees and methodically commencing fellatio.” (pg 167)

“The din from the party mocked me as Karen (his girlfriend) attacked my surly worm with gusto. It was as if she was professionally slighted.” (pg 168).

The Daily Telegraph also complemented their exercise in makeshift journalism with this fine image:

The graphic used alongside the News.com.au/Daily Telegraph article 'MP author's vulgar book earns parliamentary praise'

The graphic used alongside the News.com.au/Daily Telegraph article 'MP author's vulgar book earns parliamentary praise'

Obviously the graphic designer from Today Tonight got a new job.

And just for a quick reminder of how messed up Salt Shakers are — remember that channel 9 series The Block where four couples renovated some houses? Salt Shakers didn’t like the fact one couple was homosexual:

The Block, a ‘reality’ program on Channel 9, is a renovation ‘challenge’ in a block of Bondi flats has four ‘couples’ competing to renovate a flat. Three couples are heterosexual (only two are married) the other ‘couple’ are two homosexual men who openly exhibit their ’sexuality’. They also threaten to renovate in their underwear!

This program is on Channel 9 at 6.30pm on SUNDAY evenings - yes, that’s right, just when our children are watching! Please contact Channel 9 - This is TV social engineering GONE MAD and it is BAD NEWS for our nation if this becomes an accepted norm for Sunday night TV!

It will set a precedent if YOU don’t air YOUR concern…

Comical.

Internode will not participate in live filtering trial

November 13, 2008 – 5:14 pm

Managing director of Internode, Simon Hackett, says his ISP isn’t intending to participate in the government’s live filtering trial. Hackett says doing so would just dignify a badly flawed policy with implied approval.

“The point here is that it doesn’t matter how well the trials work, mandatory filtering for the entire population via a secret blacklist is not in the spirit or the practice anyone expected as the outcome of the official reason for all of this (an optional ‘clean’ feed for protecting children)

And worse, as we all appreciate here (don’t we?), mandatory filtering is trivial to circumvent and its impossible to block that circumvention. So the entire sum being proposed to be spent on technical solutions is being entirely wasted. Not slightly wasted, entirely.”

Hackett wants his taxes spent on education and better resourcing for the Australian Federal Police. Likewise.

Earlier this week managing director of iiNet, Michael Malone, announced he would sign up to the “ridiculous” trials to show the government that their filter would not work.

Filtering talk-back on Triple M - 10PM tonight

November 13, 2008 – 12:29 pm

Dale Clapperton writes:

Tonight, MMM’s ‘The Spoonman‘ talk-radio show will be devoted to Labor’s ‘clean feed’ Internet censorship proposal.  The show will be broadcast from 10pm tonight in Brisbane (FM 104.5), Sydney (FM 104.9) and Melbourne (FM 105.1).

[...]

I’ll be speaking to The Spoonman about it, and I understand that they’re trying to get Conroy on the show as well, but Conroy’s office is ducking them.

Conroy still hasn’t been interviewed with a techy present to refute his claims. Not even on the phone. No guesses needed as to why.

Secret and unaccountable: Irene Graham talks censorship on GetUp!

November 12, 2008 – 9:54 pm

GetUp! has published an article on mandatory filtering from Aussie censorship expert Irene Graham.

Irene writes:

While the Minister frequently refers to “illegal”/”prohibited” material on ACMA’s blacklist, this terminology is highly misleading. In fact, “prohibited content” includes material that is lawful to publish/distribute/obtain offline in Australia, (some is also lawful to exhibit in cinemas), and which is not illegal for Australians to view on the Internet. Material unsuitable for children is termed “prohibited content” in Commonwealth Internet censorship legislation enacted in 1999 (which Labor voted against).

Unlike Australia’s offline censorship regime, the Internet censorship regime is secret and unaccountable.

While on this topic, I’ve noticed on a few forums that many people don’t realise it’s legal in most parts of Australia to view and possess content classified RC (Refused Classification). There’s obvious exceptions like child pornography, and you can’t exhibit or sell RC content (here’s a have a map here showing state and territory laws), but generally it’s legal.

Back to Irene’s article:

Moreover, ACMA’s blacklist may include overseas hosted content that ACMA staff incorrectly thought “would be” prohibited if classified. In FY2007, the Classification Board found that 11 of the 28 items submitted by ACMA (presumably content hosted in Australia which ACMA is required to have classified before issuing a final take-down notice) were not “prohibited content”. In FY2008, 7 of 14 were classified not “prohibited”.

Also ACMA’s 2007 - 2008 annual report (table 25) shows the number of completed investigations in which prohibited or potentially prohibited content was located. Roughly 55% was child pornography related, with the rest mainly websites containing ‘actual sexual activity’ (X 18+) material or depictions of ’sexual fantasy’ and ’sexual fetish’ (RC).


In other news: Check out this blog post from John Linton (Exetel). Time To Join The Torch Light Parades…