[AusNOG] Confirmation of govt blackholing. Was: Re: Understanding lack of Aus connectivity to melbournefreeuniversity.org.

[Mark Newton]

On 16/05/2013, at 6:04, Chris Macko <cmacko at intervolve.com.au> wrote:

> I'd feel this is exactly what will you get when unsavvy-tech politicians start tinkering with the internet.

I think it's what happens when a politically unsavvy industry lets the government walk all over them.

This thread wouldn't exist if the handful of ISPs who have bent-over the deepest had maintained expectations of "reasonableness" required by section 313. 

A section 313 notice isn't an order, it's a request for reasonable assistance which can be denied. If the requester doesn't like the denial, they get to ask the Federal Court for an order to compel. In the absence of such an order, a recipient of a notice who says "No, it is not reasonable to block thousands of law abiding websites just because you have an unproven allegation that someone on the internet is running a scam," is on stable ground.

Basically: show some backbone.

It is totally normal in Australia for regulators to pretend they have vast coercive powers which haven't actually been granted to them by the Parliament. Make them prove it. As an industry, you have to use the courts to find out where the limits are, otherwise there'll be no limits.

> A message for Senator Conroy and others currently in office: Stay out and leave it to the experts (the overall IT business community and experts within),

Senator Conroy's response: "Hahaha. Or... What?"

He doesn't care. He's always harboured a deep and unabiding loathing for pretty much the entire Internet industry. Why should he listen?

   - mark

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