[AusNOG] Hyperlink fines from ACMA

[Grahame Lynch]

Skeeve I usually lurk here but as a publisher who is conscious of my legal
liabilities my first thought is this - an Australian web hoster will have to
think long and hard about hosting any form of relatively lightly moderated
message board.

I know Whirlpool is modded but by volunteers without full legal training.
It will basically create the equivalent of 1970s UK pirate radio stations on
oil rigs off the coast - no website with any potential for liability would
want to be caught dead in ACMA's regulatory domicile. As far as I am aware
ACMA only has authority over content hosted in Australia (including those
publishing hyperlinks to prohibited content). So the incentive is to leave
the domicile basically.

Given the list of prohibited links is supposed to be secret how does a web
moderator really know if a poster has posted an offending link until they
are already in breach? Catch 22.

I currently run websites out of Australia but all this is a potential
nightmare, especially given one of my core topics of competence in my
content is critiquing the censors.. I intend to move as much of my activity
and potential liability offshore as is practicable.



2009/3/17 Skeeve Stevens <skeeve at eintellego.net>

>  *
> http://www.smh.com.au/news/technology/banned-hyperlinks-could-cost-you-11000-a-day/2009/03/17/1237054787635.html
> *<http://www.smh.com.au/news/technology/banned-hyperlinks-could-cost-you-11000-a-day/2009/03/17/1237054787635.html>
>
> Most people would have read about the above link.
>
> I think it is stupid, and I’d like to know where they get off stopping
> people seeing something about anti-abortion, but... that aside.
>
> My question is... the ACMA.... who do they have authority over?
>
> Options:
>
>    - Websites hosted in Australia
>    - Websites hosted under .au domains
>    - Australian citizens
>    - Anyone they goddamn please
>
>
> Do they have any authority of a .au website hosted in the US?  Or if it’s
> run by an Aussie, does it not matter?
>
> Shouldn’t they be going after the website owner (Whirlpool) as opposed to
> the host? (Bulletproof)
>
> This is concerning and I have people asking questions, and I would like to
> inform them appropriately.
>
> This is my first thought about this, and I haven’t googled, searched their
> website or anything, because I am interested in the opinions of others here
> as well.
>
> ...Skeeve
>
> --
> Skeeve Stevens, CEO/Technical Director
> eintellego Pty Ltd - The Networking Specialists
> skeeve at eintellego.net / www.eintellego.net
> Phone: 1300 753 383, Fax: (+612) 8572 9954
> Cell +61 (0)414 753 383 / skype://skeeve
> --
> NOC, NOC, who's there?
>
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-- 
Grahame Lynch
Ph/SMS: +668 1701 7664
Skype: grahame.lynch
URL: www.commsday.com
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