"Nothing in the world can take the place of perseverance. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Persistence and determination alone are omnipotent."

       -- Calvin Coolidge

 

Editorial	EFA launches Netreg Mailing List
EFA Announces Crypto Campaign	EFA Women's lists revisited
EFA convenes Education Committee	EFA Talks to Australian students
EFA responds to IIA's draft version 3	Just where do Australians go on the Internet?
OGIT releases Gatekeeper Report	Senate Privacy Legislation Inquiry
EFA appears at Senate Select Committee Hearing	OFLC review of classification guidelines for publications
The ABA Children and Content On-line Task Force	Why you should become a member of EFA
EFA addresses OECD sponsored forum	How to follow EFA's Activities
EFA invited to the Summit	About EFA

 

Editorial: Melbourne PC Users Group settles out of Court in Defamation Case

Section (3)

A person shall not be considered the author, editor or  publisher of a statement if he is only involved -  [...]
(e) as the operator of or provider of access to a communications system by means of which the statement is transmitted, or made available, by a person over whom he has no effective control.
 http://www.hmso.gov.uk/acts/acts1996/96031--a.htm#1

The really salient features of this incident are:

• ISPs must ensure that their local members, both state and federal, are aware of the lunacy of making them responsible for the content and use their users make of their Internet access, particularly where they have terms and conditions in place which demonstrates the responsible attitude they have adopted towards illegal or improper activity; and

• perhaps the more worrying point is the setting of a precedent in this matter.   This was the last thing that anyone, in the industry, or a user, would have wanted. Whilst the UK defamation law is far from perfect, it does seem to provide greater protection to ISPs than Australian defamation law. If ISPs continue to maintain in practice and in print in their terms and conditions, they are likely to find themselves protected, at the very least, from those who would seek the litigious path trodden by some who would seek to earn "an easy income".

EFA has a standing offer to Internet Service Providers to assist in the defence of any ISP charged or sued over innocent transmission of another's content.  Not only that, EFA will be glad to assist any user, where we can, with legal problems about their Internet use.  However in this case Melb PC did not approach EFA until after settlement.

As an addendum to this it is interesting to note that the same person was successful in gaining another out of court settlement only days after this in New Zealand where NZ Telecom paid Laurence Godfrey $NZ8,850.

EFA Announces Crypto Campaign

The objectives of the campaign are to:

• get the crypto debate into the public arena.
• provide briefing material on the issue to every Federal politician.
• call on the Australian government to consult more widely on crypto policy.
• call on the government to seek removal of crypto export restrictions from the Wassenaar Arrangement.
• call on all political parties to commit to unrestricted use of strong cryptography both domestically and internationally.

EFA appears at Senate Select Committee Hearing

Background

Jeannie Ferris (Chair), Lib SA
Paul Calvert, Lib Tas
John Tierney, Lib NSW *
Julian McGauran, Nat Vic *
Brian Harradine, Ind Tas *
Natasha Stott Despoja, Democrats SA *
John Quirke, ALP SA
Kate Lundy, ALP ACT (to 27/1/98)
Margaret Reynolds, ALP Qld (from 28/1/98) *

* denotes members of the former Community Standards Committee.

EFA's submission is at http://www.efa.org.au/Publish/senate98.html.

OFLC Review of Classification Guidelines for Publications

Written submissions will be received until 4 pm, 29 May 1998.

Further details are available from http://www.oflc.gov.au/review/coveringletter.html

EFA urges interested Internet users to read the public exposure draft and take the opportunity to comment to the Review by making a submission.

Senate Privacy Legislation Inquiry

This is an important inquiry which could well influence the eventual path Australia takes in regard to privacy legislation. For further information on the issues, see the Campaign for Fair Privacy Laws.

Submissions have not yet been sought but interested persons should contact the Committee Secretariat to obtain further information as it comes to hand. The Secretariat may be contacted by E-Mail to legcon.sen@aph.gov.au, by phone on 02 6277 3571, or fax on 02 6277 5794.

The terms of reference are:

That the following matters be referred to the Legal and Constitutional References Committee for inquiry and report by 12 August 1998:

(1)

The need for Commonwealth privacy legislation to be extended to the private sector, with particular reference to:

(a)

relevant international standards and obligations;

(b)

international comparisons;

(c)

current legislative and other frameworks for privacy regulation in the Commonwealth, States and Territories;

(d)

the role, responsibilities and practices of Commonwealth, State and Territory governments;

(e)

the needs and responsibilities of the private sector; and

(f)

the rights of consumers.

(2)

The effectiveness of any privacy scheme that does not have legislatively-backed complaints, investigation and enforcement mechanisms.

(3)

The appropriateness of using the National Principles for the Fair Handling of Personal Information, as produced by the Privacy Commissioner, as a basis for a co-regulatory regime for the private sector and the best means of implementing such a scheme.

(4)

The appropriateness of the provisions of the Privacy Amendment Bill 1998.

EFA convenes Education Committee

Some of the issues covered include

• the appropriateness of content filtering in schools and libraries
• privacy rights for students, staff, and library patrons
• freedom to criticise management and administration

EFA responds to IIA's draft Code of Practice version 3

The Executive Summary from this response, is:

1.  The Code wrongly requires compliance with controversial tagging and blocking technologies and does not address reasonable consumer requirements for an industry code.
2. IIA is reminded that the industry requires a recognition that ISPs are not content providers, and the users require protection of their rights to freedom of communication. Any dilution of these aspirations will impact profoundly on the acceptance of the Code by ISPs and users.
3. The Administrative Council is too narrow in composition and the powers of the "independent" Chair are excessive.
4. IIA is urged to consider the catastrophic effect of deregistration in the context of harsh ABA licencing requirements or criminal law defences based on Code compliance.

OGIT releases Gatekeeper Report

Key recommendations are:

• Establishment of a Government Public Key Authority (GPKA) to oversee the use of encryption technologies in communications by and to Commonwealth government agencies. It incorporates uses for both authentication (digital signatures) and key exchange (for message encryption for confidentiality).
• The GPKA is to be subordinated to the root certification authority (PARRA) of a National Public Key Infrastructure (NPKI) once a NPKI structure exists. A NOIE Working Party is currently urgently considering this issue.
• The GPKA will publish accreditation standards for Certification Authorities (CAs) that wish to provide public key facilities to government.

EFA is opposed to a hierarchical PKI structure and our views are similar to those outlined in Roger Clarke's position statement on PKI.

The response of the privacy advocates to the final report was expressed in a Press Release from the Australian Privacy Foundation.

Privacy advocates are currently reviewing the report in depth but it remains to be seen whether further changes will be made by OGIT at this point.

The ABA Children and Content On-line Task Force

The purpose of the Task Force is contained in the Second Directive of the Minister and is as follows:

The second direction requires the ABA to investigate and advise on:

(a)

matters which might be included in industry codes of practice that will apply to  on-line service providers, and the operation of effective complaints procedures;

(b)

national and international developments in the use of on-line content labelling  services to protect children from content which may be unsuitable for them;

(c)

national educational strategies to promote effective and productive use of on-line  services; and

(d)

international developments in relation to the regulation of the content of on-line  services.

A report is due to be made to the Minister by the ABA no later than 30 June 1998.

EFA addresses OECD sponsored forum

As a member of the Global Internet Liberty Campaign, EFA was invited to send a representative to the Forum. Apparently this was the first time that an NGO (Non Goverment Organisation) had been invited to attend an OECD sponsored meeting. Attendance at the meeting was probably more important for this precedent than for what EFA Board member Dr Baker said.

Prior to the meeting EFA and other GILC members prepared a paper which was made available to delegates at the Forum. The paper on filtering and ratings systems entitled "Impact of Self-Regulation and Filtering on Human Rights to Freedom of Expression" discusses the role of ISPs, anonymity, self-regulation and freedom of expression.

Dr Baker was on a discussion panel of three at the end of the day. Each panel member had five minutes in which to make a statement, after which questions were put to the panel by members of the audience. Dr Baker's statement covered the following:

• Background - Representing EFA which is a member of GILC.
• Dr Baker also has a personal interest in the issues as he has a 9 year old daughter.
• The Internet is not an industry.
• It is a means to multiple ends.
• The Internet is not for delivering consumers to business, because users are not just consumers.
• A number of items from the paper prepared by GILC for the meeting were higlighted.
• "Self-Regulataion" in terms of Internet content is a misnomer.
• Not all content is commercial.
• ISPs are not police.
• The supposed benefits of self rating should not be oversold.
• It will create false expectations which will not be met.
• Self rating won't work - there are no incentives for content providers to self rate.
• The only content which should be banned is that which is banned in all countries.
• Such material could be called "Internet illegal"
• There is no point in banning material which is protected by the US 1st Amendment. Such material will be available in all countires.
• As follow up to the meeting a dialog in the (northern) spring was proposed to include:
• ISPs - National Organisations & Individual ISPs
• NGO's
• User Groups

As well as speaking Dr Baker also made useful contacts with members of the OECD secretariat, members of the US delegation and Australian and other industry representatives. Dr Baker is continuing to work with other members of GILC on follow up to the meeting.
 

EFA invited to the Summit

EFA launches Netreg Mailing List

The guidelines for NETREG are to:

• discuss present and pending Internet regulation
• draft submissions to government
• prepare public statements and analyses
• develop guides to law affecting the Internet
• share advice, support and constructive suggestions
• develop effective responses to proposed legislation
•  increase the participation of lawyers within EFA

subscribe netreg email address

The list is open to all, and messages may be sent for distribution to the list at email address netreg@efa.org.au

Should you have any concerns or questions which you cannot or do not wish  to raise in the mailing list, then feel free to contact the convenor, Mr Kimberley Heitman : 08 9458 2790 : kheitman@it.net.au
 

EFA Women's lists revisited

All appears to be on the mend now and so we invite participation once again.  More information about the Women's Committee and the discussion lists can be found on the website at:

http://www.efa.org.au/Issues/Women/Welcome.html

EFA Talks to Australian students

April 21saw him at the University of Melbourne addressing  3rd year IT students about ISP liability and the failures of international attempts to censor the Internet. Included in the talk was a guide to Australian content regulation and defamation law relating to the Internet.

On May 19 at  Edith Cowan University, Kim spoke to IT students about barriers to e-commerce, and system requirements relating to privacy, security and authentication.

EFA is always happy to provide speakers for events concerning the Internet and welcomes your enquiry being made to the secretary@efa.org.au

Just where do Australians go on the Internet?

Those in Australia most fearful of the widespread availability of pornography ought to take notice of these analyses and start to see that most Internet users are ordinary, sensible people who use the Internet for enrichment and information.

Why you should become a member of EFA

How to join

Membership fees are payable each September and part fees apply to those joining during the year:

• If paid between September and December $20.00
• If paid between January and March $15.00
• If paid between April and June $10.00
• If paid between July and September $20.00 (carries through to the following September)

Group Membership is open to associations and groups on the basis of an annual fee of $300 or $0.10 per member, whichever is the greater.

The form to complete is available online at http://www.efa.org.au/JoinEFA/Welcome.html. The membership form is also mailed automatically to anyone who sends email to efa-info@efa.org.au or netmail to efa-info at 3:800/846.

How to follow EFA activities

• On Usenet, read aus.org.efa (and comp.org.eff.talk if you want the global picture).
• If you use Fidonet Echos, follow discussion in the "EFA" echo.
• Follow the links on our Web home page at http://www.efa.org.au/.
• Volunteer to help us. There's no better way to stay in touch than getting involved yourself! Email volunteer@efa.org.au if you are interested in helping.

About EFA

EFA's objectives are:

(a)  To protect and promote the civil liberties of users of computer based communications systems and of those affected by their use.
(b)  To advocate the amendment of laws and regulations in Australia and elsewhere which restrict free speech and unfettered access to information.
(c)  To educate the community at large about the social, political, and civil liberties issues involved in the use of computer based communications systems.
(d)  To support, encourage and advise on the development and use of computer based communication systems, and related innovations.
(e)  To research and advise on the application of the law (both current and proposed) to computer based communication systems and related technologies.

On the Internet, you can find more information about EFA at our World Wide Web site, http://www.efa.org.au/, or by sending email to efa-info@efa.org.au.
 

Ways to get EFA information via Fidonet:

• File request efa-info.efa, efa-info.lzh, EFA, ERR from node 3:800/846.
• Send netmail to efa-info at 3:800/846 and a copy of the EFA information file will be bounced back.
• Log in to sawasdi BBS as "EFA" password "EFA" and download the files from file area "EFA". The phone number for sawasdi is (08) 8261 7802.

© Copyright 1998 Electronic Frontiers Australia Inc.

Permission is given for redistribution on networks, but distribution via other media is subject to the written permission of the EFA Board.
Views expressed in this newsletter are those of the authors only, and not necessarily those of Electronic Frontiers Australia.
 

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