Asher Moses reports that “The Government's plan to introduce mandatory internet censorship has effectively been scuttled, following an independent senator's decision to join the Greens and Opposition in blocking any legislation required to get the scheme started.”

This news has set the blogosphere and twitter alight with celebration. Unfortunately, that may all be a bit premature.

While it is true that a mandatory filtering proposal is likely to require legislation to implement (especially without the support of the Internet Industry Association and a voluntary code of conduct), it is not clear that any future legislation is dead in the water just yet.

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Thanks to an impressive campaign spearheaded by Creative Freedom NZ, New Zealand's controversial 'guilt upon accusation' clause, s 92A, will be delayed and may be suspended and may be abandoned.

Section 92A is a graduated response provision that requires ISPs to “adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.”

Unfortunately, the definition of 'repeat infringer' is not clearly defined. The provision states that “repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.”

This wording is familiar - it is almost word for word identical to the Australian limitation on safe harbours in s 116AH, which provides that “The carriage service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers.”

There has been an incredible showing of online protest at the forthcoming introduction of s 92 in New Zealand, and a lot of international support. We at EFA are heartened by the change that New Zealanders have been able to achieve. This is a notable victory for users, and is very encouraging for similar action worldwide.

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Communications Minister Stephen Conroy announced last week that government's pilot of ISP-level internet filtering is about to go ahead,  with six ISPs named in the first phase of the trial. The Senator has for months refused to answer any questions or criticisms about the plan, citing this pilot as evidence that all concerns are being listened to and worked on. However, fundamental policy issues remain unaddressed, and some in the community, including Electronic Frontiers Australia, worry that the pilot will serve as little more than a smoke screen. (more...)

"Safer Internet Day" has come and gone, and the Government's trial of mandatory filtering has finally been announced, with six small ISPs participating. The trial, with poor results practically inevitable, will do little to dampen discussion about this policy. The stated rationale for the new filtering regime, to protect children, has ensured the debate remains emotive and controversial. (more...)

It's when they stop talking about you, that's when you've got to worry. Or so the old saying goes. Perhaps, then, we at Electronic Frontiers Australia should be gratified that filter-backers such as Clive Hamilton still hold up EFA as the epitome of "extreme cyber-libertarianism", a gang of internet anarchists who don't care what happens to children as long as Government keeps its hands off our Internet. (more...)

Michael Atkinson thinks computer games are different.

The South Australian Attorney General presented his arguments against an R18+ classification for video games to the Gamespot video gaming web site. His arguments can be divided into those in favour of censorship generally, and those that argue that computer games are special, and need to have a higher level of censorship than other media. 

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EFA has lodged its submission to the Department of Broadband, Communication and Digital Economy's Future Directions review.

The submission tackles a number of important issues for the digital economy, including open access to public sector information, electronic accessibility of printed material to people with a print disability, broad-based ICT training, and copyright policy.

We conclude the submission with a reminder that our policy framework ought to empower Australians to access and build upon information in the digital economy:

As Australia transforms into a knowledge based economy, the policies we choose to adopt for the creation and dissemination of information become crucially important. It is becoming increasingly clear that greater access to information and greater technical and legal abilities to remix, build upon and improve that information are fundamental drivers of innovation. EFA believes that the single most important issue in an innovation policy is ensuring that Australians are empowered to innovate, and that the barriers we impose to innovation are justified with reference to our social goals.

Edit: This submission is available under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 Australia License.