Reasons from the left to oppose the Internet filter

Posted by Peter Black | Censorship,Mandatory ISP Filtering,Support2010 | Friday 16 April 2010 9:03 am

This guest post is written by Mark Bahnisch from Lavartus Prodeo for our series of blog posts on the importance of online civil liberties as part of EFA’s 2010 Fundraising Campaign

There are a range of good arguments against the Rudd government's internet filter, some emphasised for persuasive or tactical reasons, some reflective of deeply held political and political positions. Among the latter, liberal and libertarian arguments tend to dominate. This is not necessarily to say that those advancing such arguments (which we might usefully summarise under the slogan 'information wants to be free') are liberals or libertarians in a consistently ideological sense, or on the political right. It's more that the deep logic of the internet's history produces an argument in terms of freedom, and that view seems natural to those who are passionate about the online world. In this article, I want to present a somewhat more sociological argument, and one that seeks to build on an alternative (though, in part, complementary) set of assumptions drawn from left and progressive thought and tradition.

In so doing, the target at which I want to aim is not the internet filter itself, or Stephen Conroy himself. To my mind, the personalisation of the debate has not been a helpful aspect of the campaign against the filter proposal. What I think is useful and important to understand is the underlying cause of the government's move, which casts the argument around freedom in something of a different light.

What is at issue here is the desire to govern the private choices of individuals, a desire which has had its apogee in the communitarian aspects of New Labour governance in the United Kingdom. To adapt a judgement made by The Economist, thirteen years of New Labour government has seen the state grow, personal freedom greatly diminish, but the underlying social patterns of inequality little disturbed. The urge to shape and dictate private choices has been growing among Labor governments in Australia, with the long lived Bob Carr style state regimes leading the vanguard. Mark Latham tempered the communitarian rhetoric to a high flame during his leadership, and despite his repudiation by the ALP, the Rudd government has seemingly adopted a similar governing mentality, albeit at more of a simmer.

The causes of the desire to govern the soul are multiple, though interconnected and interwoven.

It's no coincidence that an increasing drive to interfere with private decisions and choices accompanied the election of the first generation of centre-left governments after the collapse of the Soviet Union and Francis Fukuyama's proclamation of the End of History. The ideological climate where social democrats lost any sense of the capacity to transform, and the desirability of transforming economic and social relations lent itself to a statism without long term purpose, a statism that manifests itself in interventions to transform private lives rather than to transform national and global society. Stripped of the power, and the will, to restructure economic life so as to negate deeply structural inequalities in a globalised world, purpose and the will to do good manifests itself into a micro-level of intervention; what Michel Foucault called 'biopolitics' - a politics of governing the individual body and soul.

Reflected through the prism of the constant campaign, the spectacle of the symbol in politics, and the 24/7 media cycle, 'bite-sized' policies have the capacity to substitute for social change over the long term and to feed the drumbeat of moral panic sounded on a repetitive and moment by moment time scale.

Secondly, in a risk society, individuals are less trusted to make choices for themselves, governed by their desires, their use of private reason, and their consciences. The sub-politics of risk, to invoke the German sociologist Ulrich Beck, concerns itself with the downside of modernity and complexity - the costs of the aggregation of private decisions to public finances and purposes. In areas like health, child development, and many others, the costs of perceived negative choices are transferred to a public purse unable to deal with them, and in a neo-liberal culture, the production of a docile and compliant workforce is key both to the legitimation of governance in a chaotic environment and to the reproduction of late capitalist patterns of work, consumption and distribution.

Thirdly, the micro-government of the individual is a key point of contestation at the site where democratisation and authority clash. An increasing climate of openness from the 1960s onwards, and the democratisation of culture among whose effects is a resistance to assertions of authority, later supplemented by the growth of populisms both right and left combined to render the notion that policy is an effect of expertise shaky. 'Evidence-based policy' is something of a backlash. With politics denuded of big picture ideological conflicts, the void is filled with hordes of experts, who with the best will in the world, think that they know what's good for us. Labor governments, stripped of any real transformational purpose, obsessed with symbolic campaigning and feeding the media beast, and concerned about the governance of risk, seize upon (and cherry pick) crumbs from the table of thinktank, private and public research expertise.

So, then, the internet filter is part of a bigger picture. It's one more item, among the alcopops tax, the national testing regime in schools, and many others, of a form of governmental mentality which seeks to shape, or to dictate, choices to citizens, who are presumed to be unable to discern their own best interests. Evidence, research and policy step in, and electoral advantage is sought through the intertwined machine of political communication and media dissemination.

Yet, there is another left tradition.

That is the tradition embodied in movements for popular education from the 19th century onwards, in the habits of auto-didacticism of early trade unionists and activists, of the respect for reason and informed conscience and judgement imparted to English speaking socialisms and Labourism from the dissent of chapel and the world of workplace dispute and argument. This tradition is one of the cultivation of the capacities of all citizens to apply reason to human affairs, to make conscientiously good decisions in their private lives through collective learning and civic conversation, for opportunity to be opened up rather than to be circumscribed.

This fundamentally progressive attitude and set of dispositions seeks to expand the capabilities of ordinary folk and to enable and facilitate citizens' desires for autonomy, self-government and collective government of communal and state institutions.

It's part of a sweeping movement of democratisation, which popped up in another context at the height of the administered society in the 1950s and 1960s, in a desire for participatory decision-making and for individuals together to question the force of ingrained social norms. It's part of an activist culture manifested in social movements such as feminism and other liberatory and transformational currents. At its heart, it represents a fundamental optimism, a philosophical anthropology foundational to left politics (and to liberalism, too) which holds that humans are thinking beings able to be trusted with choice, and whose choices deserve a basic level of respect.

The internet, as I alluded to at the outset, is part of that secular movement towards the democratisation of social relations; and of knowledge. It's precisely because the internet affords so much promise for those who wish to decide their destinies in common, to learn, to form an informed judgement and habit of thought that its freedom from state interference is so important at the level of principle. I'm not so interested in the particulars of the reasons advanced by the Rudd government for this latest instance of the desire to micro-manage individual choices. I'm much more interested in opposing, in principle, anything that partakes in the disrespect for the capacities of individual citizens to decide severally and collectively how best to regulate their own lives. That's a principle, in my view, that from a left and progressive position, is well worth fighting for.

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Without civil liberties, government is just a criminal racket

Posted by Peter Black | Censorship,Mandatory ISP Filtering,Support2010 | Wednesday 7 April 2010 11:21 am

This guest post is written by Stilgherrian for our series of blog posts on the importance of online civil liberties as part of EFA’s 2010 Fundraising Campaign

“The only difference between a Nation State and a Mafioso protection racket is the letterhead and the rituals -- and the series of concessions, hard-won over eight centuries, that we call ‘civil liberties’.”

That’s how I was going to start this article about the importance of defending our civil liberties online. I was going to write about dusk falling at the end of another busy day, the shopkeeper counting the cash in his till, only to have two thugs turn up to demand their share as “protection money” lest something terrible happen to his business. Or his kneecaps. I was going to compare this to the State demanding its share of the shop’s profits in the form of taxes to pay for the state’s defence, and the shopkeeper’s defence, from unspecified enemies. And the penalties if that money wasn’t paid.

I was going to explain how the State is different from a criminal enterprise because the State has a clearly-defined set of rules, due process, fair trials and – at least in a democracy – that the rules governing all of this have been agreed upon by us citizens, and that we have mechanisms for investigating when things appear to have gone wrong and to seek redress.

And then I watched the video that Wikileaks just posted at www.collateralmurder.com, where it seems that in 2007 some American helicopter crews in Baghdad misidentified a photojournalist as an enemy and killed him and the people who tried to save him.

Now I’m conflicted here.

It’s all too easy for armchair warriors to notice after the fact that it wasn’t an AK-47 slung over Namir Noor-Eldeen’s shoulder, but a camera. Those helicopter crewmen were looking for people with weapons. I’m guessing confirmation bias led them to see something long and black as a weapon – especially when another guy was carrying a tripod.

It’s all too easy for us to sit here in our comfortable homes and offices and complain that these young men shouldn’t have expressed joy at having dealt out death. Yet what’s wrong with someone being pleased with a job well done? After all, we employ these men specifically to deal out death, to do the dirty work that we won’t handle ourselves, so we can luxuriate in petrol that’s ten cents a litre cheaper than it otherwise might have been.

Not that the War in Iraq is about oil.

And yet, when things go wrong, what differentiates a democratic Nation State from a criminal enterprise is our ability to investigate what went wrong and to learn from it. So that’s why when Reuters asked for the footage so they could see for themselves how their people had ended up dead, the US Department of Defense immediately released the footage and… sorry… no? They didn’t?

No they didn’t.

The Pentagon blocked the Freedom of Information request. This footage has only come to light because someone leaked it.

Oh.

Civil liberties, says Wikipedia, are the rights and freedoms that protect us individuals from the state. Civil liberties set limits on government so that its members cannot abuse their power and interfere unduly with the lives of private citizens.

It’s taken, as I say, eight centuries to win these liberties, from the Magna Carta of 1215 to more recent codifications such as the Universal Declaration of Human Rights in the aftermath of WWII. Millions, literally millions of people have died to create and defend these rights.

That’s why it’s simply not good enough for the Rudd government to want to install a secret device in every internet service provider to block our access to … well, it’s a secret. Maybe it’s this ill-defined “Refused Classification” material today, but what might it be tomorrow? Can we really take a government’s word on this? And not just this government’s, but the one after it, and the one after that, and the one after that.

Even if we choose to believe Senator Stephen Conroy’s claim that this is only about protecting us from inadvertent access to child abuse material, once the system is in place, could a government resist the temptation to extend the scope just a little bit? And a little bit more?

Mandatory internet filtering is one piece of a jigsaw puzzle, the full picture of which we do not want.

Organisations like the EFA are needed to look beyond the immediate “protect the children” rhetoric, to look at the implications of what’s being proposed not just for today but for years to come.

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Series on the importance of online civil liberties

Posted by Peter Black | Support2010 | Wednesday 31 March 2010 11:30 am

Electronic Frontiers Australia is currently running a fundraising drive so that we can continue to expand and campaign for your online civil liberties.  Although EFA has been leading the Open Internet campaign against the Government's proposal to censor the Internet, that is just one aspect of our activities and interests.  In addition to Internet censorship, EFA campaigns on a wide range of issues relating to Internet regulation, including copyright, defamation, R18+ for computer games, telecommunications, ISP liability, privacy, domain names, trade marks, and the digital economy.

To highlight the diverse range of topics EFA is engaged in, and to demonstrate the importance of online civil liberties in this country, we have posting a series of blog posts from a variety of digital thought leaders on an aspect of online civil liberties of their choosing. So far there have been some really excellent contributions:

As you read these posts, we hope you will appreciate the vital role EFA plays in this space and will be encouraged to contribute to our fundraising drive. If EFA is to continue to expand and launch further campaigns to protect your civil liberties online, we need money for media, organisation and lobbying.

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If you have already donated, or are unable to donate, please let your friends, family and colleagues know about this fundraising drive:

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Global Digital Civil Liberties: EFA's Key Role

Posted by Peter Black | Censorship,Copyright,Mandatory ISP Filtering,Support2010 | Tuesday 30 March 2010 11:26 am

This guest post is written by Gwen Hinze, from the Electronic Frontier Foundation, for our series of blog posts on the importance of online civil liberties as part of EFA’s 2010 Fundraising Campaign

The Internet enables access to knowledge and new opportunities for freedom of expression for all the world's citizens. Digital communications technologies can empower citizens to live rich and rewarding lives, participate in civic life, take part in important decisions that affect them, and share with one another across borders. We have seen individuals use new communications technologies to democratize the creation of culture, up-end traditions, and create innovative new business models.

Citizens empowered with digital technology have changed the course of history, as evidenced, for example, by the worldwide scrutiny Iranian dissidents were able to bring to their country's election in 2009.

But empowered individuals can be disruptive to those who have traditionally been in control. More and more, Internet users find themselves in conflict with vested interests in the entertainment industry and governments trying to control their citizens' freedom of expression. For instance, the Iranian government was able to employ its considerable resources to censor and surveil its citizens' communications on the Internet.

While the Internet is global, it is rooted in a physical infrastructure that makes it vulnerable to national policies, laws, and technical measures.

In many countries across the globe, debates are currently raging over a suite of Internet policies, including government-mandated online censorship, whether ISPs should be required to police the speech of their users, and whether users should face disconnection from the Internet -- a type of digital exile -- on the basis of entertainment industry concerns. The results of these debates are important to all of us, because, unfortunately, short-sighted proposals adopted in one country often pop up again in other places. For example, the French HADOPI law that requires automatic Internet disconnection after a person has been accused of sharing copyrighted material three times is now being considered in the UK, New Zealand and in the global Anti-Counterfeiting Trade Agreement.

As you read this, many individuals and governments are watching to see whether Australia will be the first western democracy to adopt network-level Internet filtering that follows the approach taken by the Great Firewall of China.

Defending the free and open Internet and the rights and freedoms of technology users is an international task. It requires coordination and collaboration by a global network of organizations with a passionate commitment to citizens' civil liberties, and the technical and legal expertise to know how to fight and win these battles.

Electronic Frontiers Australia has always played a crucial role in fighting against Australian government Internet censorship threats and has been a key player in the global fight for digital rights. EFA played a key part in defeating Senator Alston's previous Internet censorship proposal.

EFA now needs your support to continue the fight to protect the free and open Internet and your right to use digital technology as you choose.

Gwen Hinze is International Director of the Electronic Frontier Foundation (EFF), a digital civil liberties organization based in the United States. Although not formally affiliated, EFF and EFA work together on many global initiatives in the fight to protect the free and open Internet and to defend the rights and freedoms of individuals in the online world.

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A little more conversation, a little less panic please

Posted by Peter Black | Censorship,Game Censorship,Support2010 | Monday 29 March 2010 9:45 am

This post is written by Michael Meloni, from Somebody Think of the Children, for our series of blog posts on the importance of online civil liberties as part of EFA’s 2010 Fundraising Campaign

When I was fifteen some friends and I wrote an e-zine about school and what was happening around town. It was lowbrow satire and only twelve of us read it, but we were pleased to be sharing our ideas. Here we were, in a small town with not much else to do but cause trouble, creating something.

The Internet was changing the way my friends and I communicated. We were having conversations that weren't localised between a set of people at one given time or place. We were exchanging laughs across the span of a week or even months when somebody read a copy long after it was published.

Little did I know this very means of open communication was under threat, seen by governments as a scary film or book that could be easily edited (or deleted) rather than as conversation.

A year earlier I had become an instant fan of Silence of the Lambs after renting it from the local video shop. Despite being a squeamish kid, I was beginning to understand movies weren't real and the blood was just tomato sauce. Standing in front of the VHS lined shelves, I debated with myself about whether I was really brave enough to watch it. I'd heard it was terrifying but I was interested in film making and couldn't resist watching one of the greats. Part of me knew I was ready and I was right; I watched it, enjoyed it and understood why it was so highly regarded.

On the opening day of its sequel, Hannibal, I dragged mum along to the cinema for the first session because none of my friends were fans and it would ease any concerns she had about me seeing it by myself. It was classified MA15+ but not for long. A ludicrous scene where Anthony Hopkins removes the top of Ray Liotta's skull to cook part of his brain stirred up Australia. Within a week of opening the Queensland Attorney General, Judy Spence, requested the rating be reviewed and subsequently Hannibal was reclassified R18+. Only adults could see it.

It was here that I realised that mum and I weren't the only people deciding what I was permitted to watch and read. No kid is a stranger to be being told what they can and cannot do; it's part of growing up. However, on the verge of adulthood I struggled with the concept of another party deciding what fiction and fact was appropriate for me. I knew what was right and wrong, legal and illegal, but this was a story I had read in a book borrowed from school and was now not meant to have seen on the big screen. Talk about an eye-opener.

As a family our only exposure to classification existed when we read the labels on the front of video jackets or the warnings before television movies. I was sent to bed many times as a child after that deep, drone-like voice uttered 'The following film contains violence and is suitable for mature audiences only'. When I wanted to see Hannibal, even as teenager, I had to make a case.

It's this conversation between parent and child that is missing when we look to technology such as ISP filtering as a solution to keeping children safe on the Internet. Where along the way did we forget that the best way to protect children online is the same as we do off-line; by talking to them. Discussing Internet safety with them is just as important as discussing road safety, pool safety, sex and stranger danger. And it's parents, family-friends, community leaders and teachers who are best placed to have 'the talk'.

Remember the sit-down most of us had with our parents before we went to our first party in high school. They knew there would be alcohol, potentially worse, but by talking to us about it beforehand they were instilling trust and responsibility. The Internet is no different.

We are now part of a global village and we are having global conversations, although not always ones appropriate for all ages. It's ultimately why a one-size-fits-all ISP filter is a poor substitute for good education. Even PC filters with their faults still remain a far better option for families because access can be tailored to individual users. While the Australian Government may have good intentions introducing mandatory ISP filtering, they'll probably do more harm by giving parents a false sense of security. Their filtering policy will do little if anything to make the Internet safer for children and that leaves me wondering what's the point?

It's been over 10 years since I wrote that e-zine and I'm still creating content online. Somebody Think of the Children has reached an audience far bigger than that zine ever could. I like to think every sentence I write is a conversation with my readers and it's organisations like Electronic Frontiers Australia that help us little guys keep doing so. It's their hard work and effort that links our voice with the policy makers and media. If you take a moment to think about how you communicate online and how important it is to you, I believe you'll understand why it's crucial we support EFA in their fight to protect and promote civil liberties in Australia.

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