Re: BUGTRAQ may be banned in Australia

From: Peter Jeremy (jeremypat_private)
Date: Fri May 28 1999 - 03:57:33 PDT

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    A few comments in response to the various replies I've received:
    
    Firstly, the draft "Broadcasting Services Amendment (Online Services)
    Bill 1999" is available as
    http://scaletext.law.gov.au/html/bills/0/1999/0/0642393079.htm
    Some amendments were made, but as far as I am aware, they don't
    materially affect the Bill.  I still don't know of a URL for
    the final version.
    
    Secondly, private e-mail is apparently exempt (unless it is archived),
    whereas public mailing lists are covered.  The exact definitions are
    not particularly clear.  Definitely, if BUGTRAQ was banned, such a ban
    would extend to any on-line archive of it (but a hard-copy printout
    would be classified under different rules and probably be perfectly
    legal).
    
    The Bill makes ISPs responsible for prevent access to banned material.
    The Bill does not make it clear how this should be done - even the
    Government admits that implementing it isn't practical.  ISP's _do_
    face a fine of $A27,000 (USD18,000) per day for failing to comply
    with a `take-down' order.
    
    The possibility of tunnelling encrypted content isn't touched upon (I
    suspect that the relevant politicans didn't realise it was possible).
    
    It's fairly clear to most people within the industry that the Bill
    is unworkable.
    
    At this point, I think I have strayed far enough from the stated
    purpose of this list and request that further correspondence be
    re-directed to either myself or stop-censorshipat_private
    
    Peter
    --
    Peter Jeremy (VK2PJ)                    peter.jeremyat_private
    Alcatel Australia Limited
    41 Mandible St                          Phone: +61 2 9690 5019
    ALEXANDRIA  NSW  2015                   Fax:   +61 2 9690 5982
    



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