[AusNOG] More legislative interventions

[Bevan Slattery]

The road to hell is paved with good intentions...


________________________________
From: AusNOG <ausnog-bounces at lists.ausnog.net> on behalf of Paul Wilkins <paulwilkins369 at gmail.com>
Sent: Thursday, April 4, 2019 4:48 pm
To: ausnog at ausnog.net
Subject: Re: [AusNOG] More legislative interventions

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<mailto: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<mailto: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<mailto: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<mailto: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<mailto: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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