[AusNOG] More legislative interventions

[Paul Wilkins]

I've skimmed the bill, and without apologies, I support the intent, for the
following reasons:

There is much on the internet that is simply not fit for human consumption,
and the state ought to have the power to remove it. Where the bill
specifies abhorrent violent content, I think most sane people realise there
is nothing to gain in allowing this content.

The big social media companies, principally US based, will beef, because
their business model has to align to the 1st amendment. It will *gasp* cost
them money to have to remove this rubbish.

Also why the focus on the rights of media companies to disseminate content
not fit for human consumption? What about the rights of the individuals
involved? The people being kidnapped, raped, tortured, murdered on video
have rights, and those rights extend to not having the video available to
indulge the morbid prurience of the deeply disturbed, 4chan, and others.

The bill explicitly excludes provision of carriage as grounds for being
considered a content provider. So the bill can't actually be used to ban
dark net, regrettable though that may be.

Kind regards

Paul Wilkins


On Thu, 4 Apr 2019 at 12:38, Serge Burjak <sburjak at systech.com.au> wrote:

> Very scary section
>
> (4) The eSafety Commissioner is not required to observe any requirements
> of procedural fairness in relation to the issue of a 3 notice under
> subsection (1).
>
> On Thu, 4 Apr 2019 at 11:22, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
>>
>> https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/s1201_first-senate/toc_pdf/1908121.pdf;fileType=application%2Fpdf
>>
>> On Thu, 4 Apr 2019 at 10:57, Simon Sharwood <simon at jargonmaster.com>
>> wrote:
>>
>>> So I was in a thing yesterday with a very senior government relations
>>> person from one of the top 3 clouds. And they'd been advised the
>>> legislation had very vague wording, meant that they and all cloud services
>>> had potential liability.
>>>
>>> At least one other major cloud's lobbyists had the same advice. Both
>>> tried to alert the government to the fact they'd cast the net far wider
>>> than anticipated.
>>>
>>>
>>> So some hurried back-channel efforts were made to change the wording of
>>> the legislation to be more specific about social media.
>>>
>>> Those changes weren't made and this government relations pro was
>>> flabbergasted at the haste and lack of consultation.
>>>
>>> He said it just makes it easier for people to fling FUD at the whole
>>> local industry.
>>>
>>>
>>> On Thu, Apr 4, 2019 at 10:47 AM Narelle Clark <narellec at gmail.com>
>>> wrote:
>>>
>>>>
>>>> Just to clarify - it was introduced to the Senate and approved last
>>>> night. It will hit the House of Reps today.
>>>>
>>>> And the PJCIS hasn't even seen it.
>>>>
>>>> This is flawed in so many ways, and it will affect our industry
>>>> massively.
>>>>
>>>> Why should anyone build a content related business here? How do we
>>>> protect staff and customers from malicious posting in order to invoke this
>>>> legislation?
>>>>
>>>> Narelle
>>>>
>>>> On Thu, 4 Apr. 2019, 10:43 am Narelle Clark, <narellec at gmail.com>
>>>> wrote:
>>>>
>>>>>
>>>>> Parliament has just rushed through more impractical legislation to
>>>>> jail executives of content providers (that would be all of us) if vile
>>>>> content is not removed "expeditiously".
>>>>>
>>>>> Here is some reaction to it...
>>>>>
>>>>> Overview:
>>>>> https://www.abc.net.au/news/science/2019-04-04/facebook-youtube-social-media-laws-rushed-and-flawed-critics-say/10965812
>>>>>
>>>>> Law Council:
>>>>> https://www.abc.net.au/radio/programs/am/start-ups-concerned-about-new-social-media-laws/10969282
>>>>>
>>>>>
>>>>> Scott Farquar:
>>>>> https://www.abc.net.au/radionational/programs/breakfast/rushed-social-media-legislation-is-seriously-flawed/10969482
>>>>>
>>>>>
>>>>> Narelle
>>>>>
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>>>>
>>>
>>>
>>> --
>>> Simon Sharwood | JargonMaster Corporate Communications |
>>> M +61 (0)414 37 37 26 |
>>> E simon at jargonmaster.com | W www.jargonmaster.com
>>> 24 North Street Marrickville NSW 2204 AUSTRALIA
>>> ABN: 14743763968
>>> Work blog: jargonmaster.wordpress.com
>>> Free/Busy details: http://www.jargonmaster.com/calendar/
>>> I'm a member of  DHBC.org.au and a vExpert
>>>
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