[AusNOG] More legislative interventions

[Paul Wilkins]

So best advice I could make specific to hosting providers (not social media
companies) would be, to comply with the legislation:

1 - Update EUAs with a clause that abhorrent violent content breaches the
service agreement.

2 - Ensure you have in place a mechanism to match electronic fingerprints
of material similar to anything identified in a eSafety Commissioner's
notice.

By the by, without a mechanism for the eSafety Commissioner to match
content (a common mechanism for electronic fingerprinting material across
hosting providers), the eSafety Commissioner will find themselves playing
whack a mole chasing content specific to each hosting provider. That's
their obligation, and I somehow think they'll be reluctant to go there.

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

Kind regards

Paul Wilkins


On Tue, 9 Apr 2019 at 14:02, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 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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