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An open letter to the Internet Industry Association

Dear Internet Industry Association,

Re: http://www.iia.net.au/Code4.html

I have been thinking for some time now about moving my web site to a
commercial web hosting service.  One of the deterrents has been the cost
-- up around $1000 per year, given the size and bandwidth requirements.
Another has been concerns over censorship and burdensome regulation.
In this light, the IIA Code of Practice is the final straw: I am no longer
considering Australian providers for this service.  [Yes, I know that
not all Australian providers are IIA members and not all IIA members
signed the Code of Practice.  But I don't want to have to worry about
my provider joining IIA and signing the Code.]

* It is simply not feasible for me to rate my web pages - there are tens
of thousands of them on my site and, having no training as a censor,
rating even a dozen would be a major job.  Even the suggestion that
a hosting service might impose such a requirement on me is a major
deterrent.

* I am reasonably certain that my web site contains nothing illegal
under existing NSW law, but I doubt if it would pass muster in some
other states.  I want to be able to make my own judgements about my own
content - I don't consider it any business of my provider.  I certainly
don't want to have to worry about the geographical location of my
provider's hardware.

* I have no idea at all whether the links on my site point at other
sites which contain material that is illegal (either in my jurisdiction
or in theirs).  And I can't even begin to guess whether any of my web
pages are "Unsuitable Content", since the National Classification Code
doesn't cover web pages!  The idea that I should have to watch everything
I say lest it be deemed "unsuitable for minors" is really chilling.

Perhaps you will dismiss these as the isolated concerns of a rabid free
speech activist.  Certainly the casual web publisher with a couple of
pages may not be concerned about these issues.  (Though they will be
unlikely to devote time to learning the mysteries of rating for just
one or two pages.)  But my experience suggests that those who are
seriously involved in web publishing -- the ones prepared to pay for
premium services -- are likely to share my concerns.  I know of many
Australian users who already have their sites hosted in the United
States, partly because of competitive pricing, but partly also because
of the long-term protection against burdensome regulation that the First
Amendment provides.

The proposed IIA Code of Practice will do more damage to the Australian
Internet industry than you realise.

The IIA Board has shown a willingness to reconsider sections 11.5 and 11.6
of the Code in the light of public concern: it is my earnest request that
you withdraw the entire Code to allow reconsideration and proper debate.
If the industry is prepared to present a united front against the Moral
Minority amongst the government demanding more censorship -- alongside
the vast majority of Australian users -- I find it hard to believe that
we will not prevail.

Yours sincerely,

Danny Yee