[AusNOG] More legislative interventions

[Paul Wilkins]

I'm not sure that the legislation creates a duty to proactively remove
abhorrent violent content. It imposes a condition of "recklessness". Is it
reckless to wait for the eSafety Commissioner to issue a written notice
before addressing the issue?

It's arguable that it's not. If the eSafety Commissioner hasn't provided
the requisite notice, either they're reckless, or the material's not of
sufficient gravity that it becomes reckless not to remove it. Or, if the
eSafety Commissioner is indeed reckless through not issuing a written
notice, is that justification for a content provider not to remove the
content? In my non expert opinion, I see nothing in the Act that creates an
obligation to proactively monitor and censor content. As Narelle says, you
don't want to be  assessing this stuff. Hosting services provide an IT
function. They're not, nor should they be required to be content or legal
experts.

I would say that it would clearly be reckless upon receiving written notice
from the eSafety Commissioner to not take down the subject material, and
anything of similar nature identified through an electronic fingerprint.

Also there are no obligations to remove content whatsoever for the
provision of carriage alone.

I'm not a lawyer. This isn't expert opinion.

Kind regards

Paul Wilkins


On Tue, 9 Apr 2019 at 09:50, Narelle Clark <narellec at gmail.com> wrote:

>
> There are good third party clearing houses for some of this stuff. Whether
> it's cost effective or appropriate for the average Australian ISP in this
> context. We'll find out I suppose.
>
> The Internet Watch Foundation is what we use for .org monitoring and
> validation.
>
> You really don't want your own staff assessing this stuff.
>
>
> Narelle
>
> On Tue, 9 Apr. 2019, 5:55 am Scott Weeks, <surfer at mauigateway.com> wrote:
>
>>
>>
>> ----------------------------------------------------
>> *474.32 Abhorrent violent conduct*
>> (1) For the purposes of this Subdivision, a person
>> engages in abhorrent violent conduct if the person:
>> (a) engages in a terrorist act ; or
>> (b) murders another person; or
>> (c) attempts to murder another person; or
>> (d) tortures another person; or
>> (e) rapes another person ; or
>> (f) kidnaps another person
>> -----------------------------------------------------
>>
>>
>> You definitely like to lean towards a nanny state
>> solution.  The obvious question is who gets to
>> decide what is a terrorist act, or torture, or...
>>
>> scott
>>
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>> >
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