[AusNOG] Hyperlink fines from ACMA

Fri Mar 20 23:58:54 EST 2009

Taking it one step further, are all content owners in a position where, for concern as to whether they may be infringing, might be advised by their legal counsel to take down their site until they can obtain some kind of approval to place their content online without infringement, and thereafter, to have all change requests to that online content be approved by the government?

Madness. Filtering - A potentially good opt-in idea for those that wanted a managed service - that has been implemented by a bureacracy that has effectively placed a whole lot of speed and red light cameras up without any signs or traffic lights.

If all the content goes offshore then they will probably come up with some lame idea involving tendering for international networks to get content to "98% of Australians".

rob

________________________________
From: Grahame Lynch <grahamelynch at commsdaymail.com>
To: Skeeve Stevens <skeeve at eintellego.net>
Cc: "ausnog at ausnog.net" <ausnog at ausnog.net>
Sent: Tuesday, 17 March, 2009 8:15:20 PM
Subject: Re: [AusNOG] Hyperlink fines from ACMA

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

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

--
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