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Mr Geordie Guyon Behalf of Electronic Frontiers Australia Inc

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Mr Geordie Guyon Behalf of Electronic Frontiers Australia Inc The Senate Committee ofPrivileges Persons referred to in the Senate Mr Geordie Guyon behalfofElectronic Frontiers Australia Inc. 145 Lh Report June 2010 © Parliament ofthe Commonwealth ofAustralia 2010 ISBN 978-1-74229-304-2 This document was produced by the Committee ofPrivileges, andprinted by the Senate Printing Unit, Parliament House, Canberra MEMBERS OF THE COMMITTEE Senator the Hon. David Johnston (Chair) (Western Australia) Senator David Feeney (Deputy Chair) (Victoria) Senator Don Farrell (South Australia) Senator Julian McGauran (Victoria) Senator the Hon. Jan McLucas (Queensland) Senator Kerry O'Brien (Tasmania) Senator Marise Payne (New South Wales) The Senate PO Box 6100 Parliament House CANBERRA ACT 2600 Telephone: (02) 6277 3360 Facsimile: (02) 6277 3199 E-mail: [email protected] Internet: http://www.aph.gov.au/senate privileges Report 1.1 On 7 April 2010 the President of the Senate, Senator the Hon. John Hogg, received a submission from Mr Geordie Guy, board member, Electronic Frontiers Australia Inc. on behalf of the board members of Electronic Frontiers Australia Inc. seeking redress under the resolution ofthe Senate of25 February 1988 relating to the protection ofpersons referred to in the Senate (Privilege Resolution 5). 1.2 The submission referred to comments made in the Senate by Senator Conroy, both orally and in a tabled document, in response to questions by Senators Boyce and Collins during questions without notice on 15 and 16 March 2010. The President, having accepted the submission as a submission for the purposes of the resolution, referred it to the Committee ofPrivileges on 9 April 2010. 1.3 The Committee met in private session on 13 May 2010 and, pursuant to paragraph (3) ofPrivilege Resolution 5, decided to consider the submission. 1.4 The committee noted that the comments to which Mr Guy was responding were primarily located in a document which was tabled in the Senate, but not incorporated in Hansard. 1.5 The committee contacted Mr Guy advising that it would consider publishing his submission ifthe tabled document to which he was referring was also incorporated in Hansard. Mr Guy agreed to this course ofaction. 1.6 The committee again considered the matter in private session on 17 June 2010 and resolved to recommend that the document titled "Summary ofElectronic Frontiers Australia (EFAt tabled by Senator Conroy on 16 March 2010 and the submission of 7 April 2010 by Mr Guy, be published together in Hansard in full and without change. 1.7 The committee draws attention to paragraph 5(6) of the resolution which requires that, in considering a submission under this resolution and reporting to the Senate, the committee shall not consider or judge the truth of any statements made in the Senate or ofthe submission. 1.8 The committee recommends: (a) that the document "Summary of Electronic Frontiers Australia (EFA) II (see Appendix One) tabled in the Senate by Senator Conroy on 16 March 2010 be incorporated in Hansard; and (b) that the response by Mr Geordie Guy, board member, Electronic Frontiers Australia Inc., on behalf of the board members of 2 Electronic Frontiers Australia Inc. in the terms specified at Appendix Two, be incorporated in Hansard. Senator David Johnston Chair Appendix One THE SENATE , , Sum~aryofEledroDie Frontiers Australia (EFA) ..' 16 March 2010 1.6 ''fiR 2010 r:. ~ TAB~ ) "- PAPJ:D ¥ No Da~~~Dd soa~. ;; EF«~mmeDb :~; -: '.: Respoase ~:. ~ -.~ J9 December 2009' .. "Now, the second problem is that the filter is. really, a waste ofmoney in that it The live pilot has shown dlat filtering a defined list I • 4ZZZ, 'Brisbane, Line Weekend' technologically can't achieve its aims. ofURLs (i.e. a page oran image on a website) can Ni6 Suzor, Chaii, EFA be done with 100% accuracy and negligible impact on network. performance. ISPs in many western. democracies have shown fur many ye81S that filtering works. 2 191~emberi009 • "So the people who are going to be trJficking in the worst oftbe worst As at 28 February 2010 ACMA had identified 4.zZz, 'Brisbane Line Weekend' material, things like child sexual abuse material, child pornography, this 3SS 'live' URu ofchild abuse material which was Chair~'EfA material is not trad~ on the open internet. available on the 'open internet'. Nib Suzor, , .. :~.:. It is reported thatsome people's first encounter with ,.1 child pomography is on the open internet before they are lured intD more sophisticated arrangements. 3 19;Oecemb.er 2009 "So it WOD't stop access to that sort ofmatllrial, and it won't stop the trade. The Government's cyber-safety plan includes 42!ZZ, 'Brisbane· Line Weekend' What's needed there instead is police activity." ongoing funding for an additional 91 AFP officers Nib Sumr, Chair, :E~A for the Child Protection Operations Team. 4 19(December 2009 ""Tho otherreasons put in mvour oltho filtec seem to be that we'regoing to be The Government has consistently acknowledged that 4~ 'Brisbane Line Weekend' mskiDg the intmletsafe for Australiao kids, and the problem with this is that ISP filtering is not a 'silver bullet' solution. ISP web filtering is one element ofa broad nmge ofmeasures Nik Sumr, Chair'jEFA with any fairly small list, end we're looking at about )000 to 10,000 sites, so not a huge proportion - a very tiDy proportion ofmateriaJ on the internet­ Wlder the Government's Cybcr-safety Plan, you're not going to make the intauet any safer for children. including law enforcement and education. An s Ig, December 2009 "I had B call recentlyftom tho Bdminisandor ofPilJreports, which is a drug assessment ofthis website has not been made as 4ZZZ, 'Brisbane Line Weekend' information site, which realistic:ally has saved or- I don't think. it goes too far to there have been DO furmat complaints to the ACMA say itsaved the lives ofa lot ofpeople by providing information on the safe usc regarding this sile at the time ofthe statemenl ofthe N!c Suzor, Chair,!J3FA..···· EFA I j .... ofdrugs. These are the sort ofweb sims that would likely be blocked and the • I' ~ people who this Is realty going to e1rect are people who are not able 10 get I.~. .. around the filter and aceess that infonnaDon.It Before any part ofa website that concerns proscribed :::1; _ drugs reaches the RC classification threshold, the content is·usually found to either provide detailed instruction in the usc ofproscribed drugs such as its manufacture and/orself-administration; or the I Jdorification ofthe proscribed drug with the intention '.,. .. q~~V-t~FA ~,;,~i~"'~Cl"'.~..• _'. No Date aDd soun:e Comments .u' ~.!~ 0:. ~C5ponse dr . to actively encourage and/or promote its use. This may not be the case where the drug use is depicted in a medical or public health context 6 J9 peeember 2009 "But so &r...the policy's been filirly vague, in that Senator Conroy says Ibat The Government has made it very clear that the 4zzz, 'Brisbane Line Weekend' certain things will be banned, inappropriate material will be bauned, and as I talget ofmandatory filtering is Refused Nic Suzor, Chair, EFA said, he confJ81eS that with child sexual abl6e material, and there's no clear .Classification (RC) material on an RC Content Ust of indication ofexactly what category ofmaterial will be block..•• banned. specific URLs that are hosted on over:seas servers. The definition ofRC is clearly set out in the If- at the moment it seems like it's going to be the whole of, what we call, RC, long-standing National Classification Scheme. which is Refused Classification material, which is extremely broad... RC-rated II18UJrial includes child sexual abuse imagery, bestiality, sexual violence, detailed inslruction in aime, violence or drug use andlor material that advocates the doing ofa terrorist ad. Under existing laws it is already illegal to distribute, sell or mak~ available RC films, computer giunes and publications. This material is also subject to take-<lown notices by ACMA ifhosted in Australia Australian society. through the Australian . Parliament, has accepted for many ye&ni the definition ofRC content 7 17 December 2009 "In fact, what we're talking about henl is a smaJllisl ofa few thousand ~bsites Significant measuJ"eS to incrase trBnsparency and Channel 10. 'The 7PM Project' compiled in seCret by agovemment department" BccountBbility are proposed including: • block pages thatenable users to seek review Colin Jacobs ohny rnatmial that they find blocked; EFA • Vice·Chair • appeal mechanisms; • wherever practical, notification to website owncrn ofRC content after liaison with the AFP; and • an annual review by an independent expert and a report to Parliament 8 17 December2009 "The Government's own sbJdies have shown that once you try and expand . Testing in the live pilot and Telstm's own testing Channel W, 'The 1PM Project' filtl:riDg beyond that list in any way, even in the most accurate scenarios, we're found that a defined list ofURLs can be blocked Colin Jacobs mlking three or four per «:ent ofsites being blocked that shouldn't be. That adds with IOOOA, accumcy. ISPs in many western up to many, many millions ofwebsites that would be denied to Australians." colDJmes have also shown that filtering ofa defined EFA• Vice-ehair list can be done with 100% accuracy. The 3-4 percent Jacobs is quoting refers to the results of .Enex TestLab's testing ofoptional levels offilterina- .~ .,,~ - .N.o :Date aad source EFA Comments J.; ';~f~ RaPJ~ . where pa.raJCs may choose to have a wider range of content bJocked. It would be their choice to accept some over-blocking ifthey wish to have more content blocked. 9 17 December 2009 "They went ahead and they've allocated S4J billion to give us aU faster and Enex'TestLab conducted testing oflSP-level filtering .Channel 10, 'The 7PM Project' bettec internet.
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