The Australian Federal Government's Yellow Pages of Evil

Adelaide Now has this opinion piece by Mark Newton:

The blacklist would need to be distributed to several hundred ISPs, and would be accessible to several thousand technical staff. The information security implications of this are obvious. Taking such a sensitive, secret resource and distributing it to thousands of people guarantees that the blacklist would eventually leak.

When it leaked, it would be published on the internet. If the list is even half as accurate as the minister claims it will be, the effect of that publication will be to make what has beeen dubbed "The Australian Federal Government's Yellow Pages of Evil" available to every child-exploiting abuser on the planet, directing criminals in all corners of the world to a smorgasbord of illegal content.

The Labor Government would need to explain why it thought that unknowable quantities of "collateral damage" all over the world was an acceptable price to pay for Australian internet censorship.

Of course, that somewhat alarming outcome is predicated on the trustworthiness of Senator Conroy's claim that only the most outrageously illegal material would be blocked. A diligent enquirer might wonder whether that is true.

In a Senate Estimates Committee hearing on 20 October, 2008, Senator Conroy confirmed that ACMA's existing prohibited online content list would form the basis of the mandatory "illegal material" censorship scheme. The problem is the ACMA-prohibited online content list doesn't actually restrict itself to illegal material.

In addition to the illegal material Senator Conroy would like to ban for adults, the list also contains material the Office of Film and Literature Classification has refused to classify, but which may still be legal to possess (if not to sell, hire, exhibit, or import) in Australia, as well as material rated X18+, also R18+ material not protected by an adult verification service, and some MA15+ material. Material in these categories is mostly legal in Australia.

The ACMA-prohibited online content list also contains a class of material that hasn't been examined by the OFLC, but which, in the opinion of ACMA bureaucrats, "would be" classified into one of the categories of prohibited content.

But because the blacklist is secret, unaudited, and specifically exempted by legislation from the Freedom of Information application process, the OFLC would never get a chance to check the accuracy of these classifications - unless they downloaded the list once it was leaked. That brings us to the most pernicious of unintended consequences: nobody would know (at first) what had been banned.

Our society accepts that it is up to the courts to determine what is illegal. We do not then expect faceless public servants to be the real arbiters of an internet content blacklist. Yet Senator Conroy, who has established a remarkable track record of being wrong in this area, expects Australians simply to take his word for it when he says that "illegal material is illegal material".

IT is clear that a great many Australians disagree, despite Senator Conroy's hysterical accusations that to do so is to endorse child pornography. In a nation that has enjoyed uncensored access to online services (including those that predate the internet) for over three decades without ill effect, imposing a national censorship regime such as the one proposed by Senator Conroy is a radical act requiring radical justification.

We are over a year into this debate, and still none of these concerns has been addressed. It time for the Labor Government to abandon this policy. To the Government I ask: "Please, won't somebody think of the adults?"

Snapshot is of ISP filtering poll at mid-morning 6 January 2008, click image to enlarge.