
Stephen Conroy has been polishing shit in the hopes it will shine. Indeed, he will be remembered as the go-to guy for that kind of task.
Today the DBCDE released its suite of measures to keep their website censorship policy transparent. Of the nine measures proposed only four have any real meat to them, and any sense of Lundy-esque democracy is still conspicuously absent. The greatest disappointment here is that these measures, held up by Conroy as being so far ‘above and beyond’ what we should expect as citizens, are what the current system should look like without the filter.
There’s a rather baffling report going out there that Conroy is putting the filter on the back-burner. The concensus amongst the feral goldfish is that this is a stalling tactic to put the filter off the election radar. That the report came within a few hours of the transparency release supports this (at least in my mind) as it’s the scenario you’d expect if Gillard had told Conroy to ‘clear the decks’.
As far as the measures are concerned:
Measure 1: All internet content complaints to the ACMA that are assessed as being potentially RC will be classified by the Classification Board
This is a big improvement on the current system but only in the same way that food poisoning beats being set on fire. The ACMA was never constructed as a body capable of classifying content, and its stewardship of the web content blacklist gave it control over online content that it didn’t have over any other media. The EFA supports this measure, as do I, because it’s really a repair to a previously broken system. This one’s especially funny given the distrust Labor showed as opposition for the Liberal lackies being stacked into the ACMA and Classification Board.
Measure 2: ACMA notification process
When you need a fiat of government policy before you can tell people you’ve censored their website, you know you’re cocking things up. This is meant to prevent the situation that occurred after the blacklist was leaked last year where a dentist discovered his site had been blacklisted. He wasn’t notified. The caveat to this measure is that they don’t have to tell you if you’re being investigated by the Federal Police because of the content.
Do if the blacklist is only child porn and snuff films, dear Senator, why the hell would you need this provision? Wouldn’t everyone who could be notified be under investigation? This is the first public admission that not everything on the blacklist is illegal of which I am aware.
Measure 3: Blocking notification page and appeal mechanism
I hesitate before calling this one completely innocuous. It’s far better than the government’s original plan to let the filter just drop your website request and have it look like the site doesn’t exist (and then send an unmarked van to blackbag you soon after, or so goes the joke), but I can’t help but think there’s some clever bastard out there who could script something up to use this page as a way of plucking the blacklist out of thin air. I’m not the paranoid, however, I think this one’s more or less harmless.
Measure 4: Access to information regarding the list
… is not nearly as useful as it sounds. You can find out why a site is blocked but you’ll still be taking the ACMA’s word for it. The only person outside the ACMA, classification board and initial complainant who can judge whether the reasoning is sound is the Independent Expert from measure 7. They’ll also be publishing a categorical run-down of how many sites are banned and for what reason. The measure includes a staff position at the Ministry of Truth to create the numbers, publish them and ultimately be jailed for thought crimes.
Measure 5: Avenues for appeal and review
Honestly, this goes right up there with FOI as being something that no self-respecting democracy would actually charge people for. This would be fine, if a little ’stab in the dark’ were it not for the likely massive charges you;d have to pay.
Measure 6: Incorporation of URLs of child sexual abuse imagery from international lists
Given the trouble some of these international organisations have had in not blocking things like wikipedia, I’m not entirely happy with this. What ever happened to politicians having conniptions about sovereignty every time a foreign body makes a decision for us. Somehow a group of net-hating soccer mums in Europe mean more to our government than the United Nations.
Every URL on these lists should be submitted to the classification board. As the measures currently stand, the ACMA will drip feed a few to the Classification board every now and then. Not acceptable. The AFP has been cooperating like this for years to wonderful effect, yet somehow we still need to bring in foreign organisations that aren’t already working with the police? Whatever, we’re getting into the mushy end of things here.
Measure 7: Review by an Independent Expert and report to Parliament
I’m a big fan of this, though as we’ve seen from the Labor party’s use of an independent committee to stop them abusing tax-payer funded policy advertising, it’s probably going to go nowhere. Likewise, Rudd announced an Independent National Security legislation Monitor (to make sure the government didn’t go all American on us with crazy counter-terrorism laws) which the government has failed to recruit two years later but has slated the position to be part-time with two part-time assistants. If that’s how they treat oversight on counter-terrorism laws, I don’t imagine this independent expert will be adequately funded at all.
Measure 8: Industry review of technical aspects of filtering
I’ll just quote straight from the release shall I. “This could be done for example through the establishment of a Departmental email address which would allow ISPs to submit any concerns or queries they have on technical matters.” An email address. Fuck off you demented plebs. Take this seriously, please.
Measure 9: Reporting against service standards and statutory requirements
This means essentially nothing until the NBN is in place, and even that’s me speculating that there may be some legislated minimum performance targets for ISPs in the future.
So until Mark Newton files a complaint to the Australian Federal Police, don’t expect much in the mainstream media about this. The naive will accept this as reasonable and the Government has issued a fiat declaring this ‘uninteresting’ for the election.
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