Content Control

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Content Control
2
Extreme Regimes

• Myanmay (Burma) - Possession of modem without
  permission punishable by 5 - 7 years gaol
• Cuba - Internet access only through authorised
  Universities and places of employment
• Saudi Arabia - all Internet traffic filtered
  through central server

3
United States

• 1st Amendment - Congress shall make no law
  prohibiting the free exercise or abridging the
  freedom of speech
• Communications Decency Act 1996
• Child Online Protection Act 1998

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Asia

• In General
• Carriers must take action when they become aware
  of prohibited content, either by user complaint
  or government notice
• Some countries block prohibited sites

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Australia

• Both Commonwealth and State legislation
• Commonwealth regime covers ISPs and ICHs
• State laws cover providers, creators and users

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State Regimes

• Varies from State to State
• Early movement to draft law abandoned
• Example Act Classification (Publications, Films
  Computer Games) (Enforcement) Act 1995 (Vic)

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ISP and ICH Exceptions

• ISPs and ICHs have exemptions from liability
  under State laws - Sch 5 Broadcasting Services
  Act 1992 (Cth) if they were not aware of the
  nature of the content

8
Commonwealth

• Since 1 Jan 2000, Broadcasting Services
  Amendement (Online Services) Act 1999 (Cth)
• Now Sch 5 Broadcasting Services Act 1992 (Cth)
• Purpose - to restrict access to materials online
  which would be restricted offline

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General Outline

• Co-Regulatory Scheme under ABA and industry
• In general, scheme is complaints driven

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Main Elements

• Industry Code of Practice
• ABA administered complaints scheme
• Community Education

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Prohibited Content

• For content hosted in AustraliaRC or X ratedR
  rated without age based access limitations (RAS)
• For content hosted outside AustraliaRC or X
  rated

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Restricted Access System

• Qualifying Systems must include
• Registration
• Qualification/Validation
• Access

13
ABA Complaints System

• Any Australian resident or company can make
  complaint
• Unless complaint is frivolous ABA must
  investigate and must take action.

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Australian Hosted

• Final takedown notice for classified material
• Interim notice and referral to OFLC for
  unclassified material

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Foreign Hosted

• Notify Filter software providers
• Notify ISPs

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Enforcement

• 5500 fine for individuals
• 27500 for corporations
• Ongoing offence up to 10 of the above penalties
  per day (s213 BSA)

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Codes of Conduct

• IIA Internet Industry Association Internet
  Industry Codes of Practice
• Very limited duties and responsibilities