[AusNOG] Australian Censorship program to go ahead - Gillard supports a the great firewall

[Pinkerton, Eric]

The gov't has a simplistic view that it can just use the model it applies to other mediums for the internet, ie film/books etc etc - thus for these sort of hypothetical questions you should use these mediums as analogous where law is concerned.

If the gov't bans a film/book, and you go overseas, buy it and bring it back hidden in your luggage - are you therefore automatically free from prosecutuion because customs failed to find it?

Tell that to your cellmates in the excersise yard...

PS

IANAL

________________________________
From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Andrew Oskam
Sent: Thursday, 8 July 2010 1:01 PM
To: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Australian Censorship program to go ahead - Gillard supports a the great firewall

I think I already know the answer and the response that will be received..but I'll say it anyways.

Let's say that I access a blacklisted website by bypassing the filter by whatever means.

As the filter is supposed to be my safeguard against this content - Does this mean that if the filter, in one way or another, is ineffective in protecting me that I am not capable or being held criminally accountable?

Further to this, If I choose to bypass the filter (which Conroy has indicated will not be considered an illegal activity) am I still free from being held criminally accountable?

I guess what I am trying to say is, Who is meant to be held accountable for viewing such content? How is the filter really meant to be considered a safeguard if they are not intending to police the full extend of its effectiveness.

As a citizen, I would think that if this holy grail of filters is meant to protect me - why is the government not prohibiting me from bypassing it?

And if I am caught viewing such content and pulled to the side my the AFP - Then I would say to them that I assumed that I would be free to view the content because they did not specifically say that I couldn't bypass the system.

To me (I'm going to use an analogy here), It seems as though the government is saying:

"Well good sir, I don't want you to eat this cookie - but if you decide to ignore me and break the padlock I won't say anything :)"

Food for thought?


Andrew Oskam

E  percy at th3interw3bs.net<mailto:percy at th3interw3bs.net>



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