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Article #1181

ISP Directors arrested

#1181
From: Greg Taylor
Date: Thu, 04 Jul 1996 00:00
52 lines
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Three directors of local Internet provider Span Pacific were 
today arrested and charged under the new Internet Censorship
Act.   The charges resulted from a complaint from the parent 
of a 12-year old child who came across Nazi propaganda 
material on  the Net.  Under the provisions of the new Act,
the ISP is considered responsible if a minor accesses material
which is unsuitable.

After being released on bail, James Joyce, a Span Pacific director,
said, "We had no idea that the law would be invoked in this
way.  Although there were warnings on the Net last year that 
this kind of action might result, we simply did not expect that
this would happen in 20th century Australia.  The Attorney
General's department, which administers this Act, and the 
police who laid the charges, appear to be totally ignorant
of how the Internet works.  They expect Internet Service 
Providers to somehow figure out the age of the user on the
other end of the modem and then prevent them from accessing
sites which may offend their parent's notion of acceptability.

"We simple don't know who is using any particular account, even
though we only issue accounts to credit card owners.  Parents
frequently allow children to access the Internet using the parents'
account, but then they expect us to somehow filter their access.
This is a stupid law, introduced by ignorant politicians and 
bureaucrats.  Yet we all stood by and allowed it to be implemented
last year.  Our business will probably be destroyed by the time we
finish fighting this case.

"We were informed today that we were also expected to monitor
our users' activities on the Net, including reading private E-Mail.
Our response was that we thought such behaviour was in
breach of the Telecommunications Act.  But apparently not.
This new Act mandates behaviour that was previously a serious 
crime."

The three directors are expected to appear in City Magistrates
Court on July 23.

---------------------------------------------------------------------------------------------------

Errr ... the dateline for the above story is 5th January 1997.

See:
     http://www.efa.org.au/Campaigns/stop.html
for the full story, including a copy of the draft legislation.
Time left to complain is running out.  The SCAG meets
July 11/12.

Greg
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From: gtaylor@gil.com.au (Greg Taylor)
Subject: ISP Directors arrested
Date: 1996/07/04
Message-ID: <Du0K4F.IAz@gil.com.au>
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organization: Global Infolinks Internet Server, Ipswich Qld Australia
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newsgroups: aus.org.efa,aus.org.acs,aus.legal,aus.politics,aus.org.waia