2010 Election Snapshot
ALP Internet Filter Policy
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Summary
The initiative of the ALP to introduce an ISP level filter is in the face of much industry evidence that it slows internet speeds, and is technically incapable of protecting children from harmful online content. The ALP however point to other social reforms such as drink driving, tobacco consumption and speeding, and claim that merely because reforms are not 100% effective is no reason to abandon them. Further, in order to insure against the misuse of public power, they provide a comprehensive framework that ensures accountability and transparency. Notably, the legislative criteria and the National Classifications Scheme for compiling the list, once enacted, will bind a Board of Review and render any appeal relying on the quality of the list, quite useless. Presently, the ALP has decided to subject their ISP filter policy to independent review before implementation.
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The ALP recognise that the internet provides untold benefits to children, but that it also poses significant threat of many dangers that include exposure to illegal and prohibited material. Further, they believe that while there was little demand for PC based filtering systems, that parents expect them to protect children from such risks through a broader ISP based system.
The government proposes a plan of action that includes education & research, content filtering, and law enforcement. The ALP will increase funding to the Australian Federal Police and the Department of Public Prosecutions in order to combat online chid sex exploitation. They will implement cyber safety education through the Australian Communications and Media Authority (ACMA), including the provision of an online helpline where children can report incidents that cause them concern. Ongoing research into cyber safety and our evolving digital environment will also be conducted.
Notably, the ALP wish to implement ISP based internet filtering. ISP’s will be responsible for blocking content according to legislation. This legislation will require blockage of overseas hosted Refused Classification (RC) material on the ACMA Refuse Classification Content list. Such content will be defined as (RC) if it includes child abuse imagery, bestiality, sexual violence, detailed crime instruction, violence or drug use, or support for terrorist acts. The List will be compiled according to complaints made to the ACMA by the general public, the lists of overseas organisations, and will be maintained according to criteria in the National Classifications Scheme.
In order to preserve transparency and accountability standards of government, and to prevent the misuse of public power, the ALP propose a range of measures derived from consultation with industry and the general public:
1. The label of RC will be the responsibility of the Classification Board. The ACMA will refer complaints to the Board.
2. If not the subject of police investigation, owners of material or websites potentially impacted by RC rating will be notified by the ACMA and given the opportunity to voluntarily remove the material or website, prior to consideration by the Classification Board. The Boards subsequent report will contain reasons for the decision and this report will be provided to the owner.
3. When a page is blocked the end user is provided with a link to material explaining the classification system, avenues for appeal or review, and broad information about the composition of the List and the reasons why the particular site has been blocked.
4. The ACMA will regularly publish broad information at a high level of abstraction in respect of the Content List and its categories. End users of a blocked site will be entitled to access the Classification Board reports through Freedom of Information legislation.
5. Review of Board decisions will be available to owners or others whose activities are related to the sites existence (with the exception of end users). An independent expert appointed by parliament is also able to seek a review of a site by the Board, as is the Minster.
6. The ACMA will only incorporate international lists after thorough review into their construction, will publish a random sample of the content sourced from those lists, and will publish the identity of the overseas agencies that provided the lists.
7. Annual review of the processes applied in maintaining the List will be undertaken by an Independent Expert appointed by parliament eg retired judge.
8. Technical issues relating to filtering will also be addressed through consultation and open communication with ISP’s.
9. All reporting and publishing by the ACMA will be according to legislated standards.
The ALP will also introduce a program to encourage ISPs to introduce voluntary filtering at the ISP level and so to provide parents with software that protects their children. This software will allow parents to choose various categories of material in order to block access, but will be provided at ISP level and so not require software installation at the end user terminal.