11th June 1996
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/\ *** Don’t let the government put you out of business *** /\
Dear Internet Service Provider,
You may have heard about the controversial Internet censorship
legislation proposed in NSW. But did you know that on July 11, a meeting
of every Australian Attorney-General will consider it as a model for
NATIONAL Internet laws?
As an ISP, these laws will affect you directly and the STOP! campaign
needs your help to give our politicians better information and guidance.
______________________________________________________________________
WHAT IS PROPOSED?
The NSW model for Australian law covers the online availability of
material unsuitable for minors under 15, ranging from MA15+, R, X, etc.
Apart from targeting users, the legislation would make it an offence for
service providers to allow access to such material, and force them to
monitor users’ activities on a regular basis.
The extra workload and stiff penalties for non-compliance would severely
affect the way you do business, and your users’ online freedoms.
Operators of several NSW Internet services say the legislation would
leave them with no choice but to shut down.
Clauses in the proposed legislation relating to ISPs include:
7 Making objectionable material available for access or retrieval on
on-line service
(1) An on-line service provider must not permit objectionable
material
to be available for access or retrieval by users of the service.
10 Making material unsuitable for minors of any age available for
access
or retrieval by those minors
(1) An on-line service provider must not permit material unsuitable
for minors of any age to be available for access or retrieval by a
minor using the service.
11 Making material unsuitable for minors under 15 available for access
or retrieval by those minors
(1) An on-line service provider must not permit material unsuitable
for minors under 15 to be available for access or retrieval by a
minor under 15 using the service without the consent of a parent or
guardian of the minor.
Defences against these laws include proof of compliance with an industry
code of practice (created by the government, NOT the industry),
"reasonable steps" (including monitoring user send/receive activity),
and belief "on reasonable grounds" that the activity in question was not
illegal.
* A leaked copy of the draft legislation and analyses of it are
available at:
http://www.efa.org.au/Campaigns/NSWCampaign.html
______________________________________________________________________
THE STOP! CAMPAIGN
On May 27 in Sydney, hundreds of Internet users protested outside the
NSW parliament, against the proposed laws. The organisers of the march
have now turned their efforts to the STOP! campaign, a national effort
with representatives in each state.
We must make governments understand the international nature of the
Internet and the impossibility of controlling user activity. It is clear
that the authors of the draft legislation are not familiar with how the
Internet works.
The STOP! campaign maintains that, in many cases, existing laws are
adequate (there are already people before the courts in Australia for
supplying and receiving illegal material via the Internet).
The STOP! campaign encourages the use of software filter devices and
parental controls instead of the imposition of harsh, unenforceable laws
which would only affect the innocent.
______________________________________________________________________
HOW YOU CAN HELP AS AN ISP
We are asking you to tell your users what is going on, and point them in
the direction of STOP! information.
* The STOP! campaign Web site is at:
http://www.efa.org.au/Campaigns/stop.html
Our graphics and other material are available for your use -- please
download the STOP! campaign logo and use it to link to the site from
your company Web pages.
We are asking you to contact your state Attorney-General's office NOW,
to tell them you do not support the NSW model for regulation, and that
such laws would hamper your business operations and those of your
clients. Please encourage your users to do the same.
* A list of contact details for Australian Attorney-Generals is at:
http://www.efa.org.au/Campaigns/AGlist.html
______________________________________________________________________
MAILING LISTS
* Please join the STOP! campaign alerts mailing list, a low-volume
announcements list (no discussion). Send an email to:
[email protected]
with the word "subscribe" in the body of the message
* You may also wish to join the STOP! campaign discussion list, to keep
up-to-date and suggest new ideas. Send an email to:
[email protected]
with the word "subscribe" in the body of the message
* Please let us know what you are doing (e.g. forward communication with
your Attorney-General) at the following address:
[email protected]
______________________________________________________________________
THANK YOU
The STOP! campaign appreciates your support. If we work together, we can
get results, and give Australia a continued chance to be a world leader
on the Internet of the future.
The July 11 meeting of Attorney-Generals is fast approaching - we must
act quickly. The STOP! campaign will be in touch again as the deadline
approaches.
Thank you and good luck,
The STOP! Campaign committee