Domain name disputes: A view from the Antipodes

17 Australian law does not have an equivalent 29 Note 16 at page 5. Issues & Conflicts of Law when Overseas aegis, although it could be argued that s 120(3) 30 Note 16 at 6. Courts Challenge your Web", Computers & of the Trademarks Act 1995 (Cth)17 or s52 of 31 Note 23 at 7. Law No.37 Dec. 1998, page 32. the Trade Practices Act 1974 (Cth)17 gives 32 State of Minnesota v. Granite Gate Resources 39 Prince Pic v. Prince Sports Group Inc. similar protection. No. C6-95-7227, 1996 WL 767431(Minn. (unreported). 18 Anthony J. DeGidio Jr, "Internet Domain Ramsey County Dist. Ct. Dec. 11,1996). 40 Harrods Limited v. UK Network Services Names and the Federal Trademark Dilution 33 Note 27. Limited & Others December 9, 1996, Act: A La w for the Rich and Famous at http:// 34 Playboy Enterprises Inc. v. Huckleberry Lightman J (unreported). www.lawoffices.net/tradedom/sempap.htm. Publishing Inc. Unreported SDNY1996. 41 Pitman Training Limited and PTC Oxford 19 Intermatic Inc. v. Toeppen, 1996 WL 622237 35 In a more recent and not unrelated Limited v. Nominet U.K. Limited and Pearson (N.D.ILL). development, USA Today reported (on 11 Professional Limited at http:// 20 Panavision International, L.P v. Toeppen, 1996 February 1999) that Playboy Enterprises has www.open.gov.uk/lcd/scott.htm. WL 653726 (C.D. Cal.) commenced litigation against portal sites 42 At http://www.gtld-mou.org/gTLD- 21 15 U.S.C.S 1125(c). Excite and Netscape for trademark MoU.html. 22 NTIA Statement of Policy at http:// infringement because searches on those portal 43 At note 24. www.ntia.doc.gov/ntiahome/domainname/ sites using words trademarked by Playboy 44 At http://www.ntia.doc.gov. 6_5_98dns.htm. Enterprises (such as "Playboy" and 45 At note 24, page 5. 23 Interim Report of the WIPO Internet Doma in "Playmen") returned search results which 46 Note 24 at page 7. Name Process at http://wipo2.wipo.int. included banner ads for ^hard core 47 Australia's response to the Green Paper at 24 Simon Jones, "Domain Names: Where to pornography web sites which are benefitting http://www.noie.gov.au/dns/ausreply.html. Next?" [1997] 4 C TLR 199. from a misappropriation of Playboy 48 Note 24 at page 34. 25 NSI Policy (Revision 03,25 February 1998) at Enterprises' 'goodwill and reputation'. 49 Note 24 at page 70. http://www.rs.internic.net/domain-info.html. 36 Zippo Manufacturing Company v.Zippos Dot 50 See http://www.noie.gov.au/ 26 Section 5 "Domain Name Allocation Pblicy" at Com, Inc., 952F.Supp. 1119 (WD. Pa., Jan 16, 51 See http://www.au.moniker.net/#objects http://www.ina.com.au. 1997). 27 At http://www.inta.org. 37 Note 32. 28 Note 16. 38 Bernadette Jew, "Cyber Jurisdiction-Emerging

Linux for the Legal Community: A Primer

Con Zymaris, Cybersource Pty Limited

Abstract: is perched at the due to the fact that its core operating web servers (Apache), emailer precipice of overflowing out of the instructions, its source code, are fully transports (qmail and sendmail), technical IT community from which disclosed and open for all to see. Due development tools (Perl, GCC, it sprang and onto the general to this, and also to its burgeoning Python, PHP) and many more. There consciousness of all computer users. success, Linux is spearheading a are often specific and subtle What is Linux, and how does it affect method of software construction and differences between the philosophies information technology users distribution which will have broad and legalities of various open source amongst the legal profession? This repercussions for all computer users. and freed software licences, which paper will endeavour to answer these This method is called open source. we will cover shortly. While open questions. source as a concept may be new to The term 'open source' is well defined many people, it has been around for While you may by now have heard of by one of its foremost proponents, quite some time. Most of the Linux, it is perhaps worth a re- Eric S. Raymond (1). In essence, the technologies which spawned the introduction. Linux is an operating basic tenets and philosophy of this Internet, and which now keep it system, like MS Windows, MS development paradigm are that running are based on open source Windows NT and Novell. Linux software is developed and distributed tools. These tools have proven doesn't need Windows or DOS on a in an open manner. The source code themselves (and their by which they computer to work correctly. It can is provided. The software may be were developed) as highly viable. The however coexist (dual boot) with distributed freely. Others may extend next time someone drops a comment Windows. Unlike Windows, Linux the application, or derive from it, but about not risking the use of open can also run happily on Apple always making their contributions source applications in a mission Macintosh hardware, on Sun available under the same conditions critical process, remind them that if SPARCStations, on HP PA-Risc as the original software (2). There are they rely on their web server being systems, on Palm Pilots, and even on a great number (perhaps tens of available to the outside world, or if NEC Supercomputers. Linux is also thousands) of open source they use email in business, they perhaps the first to applications available. The ones that already heavily rely on open source be developed on the Internet It is also most people are aware of are operating applications. perhaps the most well understood systems like Linux and FreeBSD, operating system by technologists, utility and systems tools like GNU,

34 COMPUTERS & LAW Linux for the Legal Community: A Primer

Strictly speaking, 'Linux7 refers to the of starting with Linux is to buy a copy verification provided by peer review, piece of code at the core of an of the APC Linux Pocketbook for refutation for issues such as security operating system, the kernel. In order $14.95 (15). You can also acquire the is possible, learning of techniques by for an operating system to be useful full equivalent software from a CD new practitioners is a great advantage, in any way, it must be surrounded by clearing-house like CheapBytes (7) for as is modification and redistribution a myriad of utilities and tools which perhaps US$1.99, which merely pays of the code under similar licence together, produce a viable 'whole7. for the CD media and a nominal conditions. It's possible that the open These other components normally duplication/service charge. Once you source development process will bundled with Linux are also open have this software in your possession, eventually become the most successful source. Linux has the same you can install it, fully, legally, on as due to its advantages of openness and functionality and is very similar to many computers as you wish. We are the free exchange of ideas, and the , oft described as the most indeed, not in Kansas any more Toto. steady accumulation of program powerful of operating systems. Due source code available to all. The open While all this talk of low/no cost may to trademark requirements however, source development method may catch our attention, and availability Linux cannot be legally called 'Unix7, overtake competing software of source code sounds esoterically without paying the XOpen group's development methods to achieve this interesting, the real force behind the licence requirements. For numerous status by consistently delivering recent Linux momentum, the reason reasons, this is unlikely to happen. better results. So far, it's on the right why it is in fact turning heads, is it These include the fact that, much like track. works, and works well. Its the Internet, Linux is a co-operative combination of power, flexibility, While all these issues of performance construction, not owned by anyone, performance and stability, produce a and capability are nice, why should thus no central body exists to fork over great contender. Linux has by now, the average mser be interested in monies for a 'Unix7 branding. achieved a legendary status amongst Linux? After all, it has obviously Furthermore, many argue now, more technologists who have come to rely sprung from a group of technologists. than ever, Unix needs Linux for on its robustness. It is common to have What compelling reasons exist for the survival rather than the other way a Linux system run for several mainstream computer user, or for that around. Perhaps 12 months ago, hundred days at a time, without matter users with specialised needs Microsoft's Windows NT appeared to failure. To many of us who spent the like lawyers, to consider Linux for be on an inexorable path to becoming most of the 90's working within the their next information technology the dominating operating system Windows or Macintosh realm, this solution? This can be answered platform. Now, just a year later, this kind of 'uptime' is difficult to through explicit reference to the not only seems unlikely, but comprehend. Also, benchmarks on Internet. Possibly not for the obvious Windows NT's position in the the same hardware have shown that reasons that Linux makes a wonderful enterprise has been severely Linux performs from 40% to 250% vehicle for Internet communications weakened through a combination of faster than Microsoft's fastest and service, but through an analogy. slip-ups from Microsoft, and the operating system, Windows NT 4.0 (8) The Internet was in existence for onrush of Linux. Due to its open source nature, Linux many years prior to its explosive Besides the number of impressive lends itself to a myriad of introduction to the general populace technical traits that Linux possesses, customisations from resellers, ISVs in 1993. Linux was created in 1991, and one fact about it almost always startles and thin-client/thin-server is only now becoming known most users. Linux is, as are all open manufacturers, as has been evidenced mainstream. The people who source applications, free. While you by products from the likes of Corel's developed the philosophy and can purchase a Linux boxed set (often Netwinder and Cobalt's Qube (9) structures of the Internet are pretty called a distribution) from a much the same people who are Open source works well for the same multitude of vendors who create instituting the current revolution of reasons that Science works well. The packaged versions (e.g Caldera, Pacific Linux and open source. For many scientific process has become one of High Tech, , SuSe, etc (3,4,5,6)) early years, most businesses and non­ the most successful areas of human what you are in fact paying for is the technical professionals couldn't see endeavour due to its openness, the packaging, manuals and some initial the advantages of the Internet, so use free exchange of ideas and the steady installation support. In most was limited to the technologists. The accumulation of knowledge available circumstances these packaged technologists knew, however, that to all. It has overtaken all competing versions cost around $70. The actual they were onto something 'good' with methods of analysing the world software you are 'buying7 is in fact free the Internet, and kept on cajoling and around us, by showing that it can of cost. Given the right resources, you advocating it to their non-technical consistently deliver better results. By could in fact download all the colleagues. Likewise for Linux. When analogy, making the source code installation files, at no charge, from the Internet wave did eventually available for peer review and the Internet, from each vendor's web break, it appeared in the guise of the extension, is perhaps open source's site. Perhaps one of the easiest ways biggest revolution in mass most powerful advantage. Besides the

COMPUTERS & LAW 35 Linux for the Legal Community: A Primer

'publishing' and human commercial model, however, it did and contribute to the open source, communication since Gutenburg's work, and work well. Linux was gift-economy by night. Since they 16th printing press. As of now, Linux supported by a countless array of user themselves have benefited in one way and open source appears, to its groups, websites, mailing lists and or another from open source software, adherents, as the biggest revolution online (IRC) channels. Support was they feel compelled to assist by in software construction almost since so good, in fact, that the prestigious releasing their software or the dawn of the computer era. The InfoWorld magazine awarded the enhancements back into this amount of publicity Linux is now Linux community the 'Best Computer community, repaying their peers on getting is phenomenal. There has been Industry Support of 1997' award. In the one hand, and helping all a 100 fold increase in general and IT recent times, most major software and computer users on the other. Further, trade press coverage in the past 13 hardware vendors have pledged their reputation is on the line, as their months. In short, people and support for Linux, either through source code is online. Unlike closed- organisations should pay close porting of applications and after sales source systems, ugly, inelegant bug- attention to Linux, as it may, in fact service, or through bundling and ridden code cannot be disguised. take off in a dramatic way over the hardware integration. This list is Since the Linux kernel and a large next few years, much like the Internet, almost too long to iterate throughout part of the core applications are and help change the computer includes IBM, HP, Compaq, Silicon released under the GPL, all source landscape forever. Graphics, Oracle, Lotus, Sybase, code extensions to these software Informix, Borland, Corel, Dell, systems, by law, must be made As can be expected by the relatively Gateway and Computer Associates. available. This has the following nouveau, perhaps daring ideas When combined with the best free ramifications: denoted by Linux and open source, support in the world, this makes for a there are numerous interesting legal 1) No single vendor (say Red Hat compelling choice. issues which arise, concerning or SuSe) can conquer the ownership of intellectual property, One area where consumers have market with the heavy-handed licensing and such thorny topics as never-ending configurational and techniques available to closed warranty and support. legal problems with closed-source source vendors, as any software is in the licence. Too many 'proprietary' extensions they It is often said that one of the reasons firms are liable to prosecution by way make to the OS, they have to corporations use to justify buying of using (unknowingly perhaps) release to all their competitors. solely commercial software, is the Thus vendors such as Compaq illegal copies of licensed software. potential, if at some later point it's do not have to bow in Furthermore, recent trends in required, to sue the vendor. While a obeisance to a single vendor application software indicate that reasonable surmisation in theory, in because they hold the golden vendors are on a get-tough stance, practice this is very difficult to keys to the kingdom that the demanding that users seek (from the achieve. There have been very few source code represents. They vendor electronically) for serial codes cases bought to court and the number can take their business to a for newly installed apps after 50 re­ of successful compensation cases is competitor at a 'drop of a hat' uses. By comparison, the base licence probably negligible. In many of Linux and many open source 2) No organisation, such as IBM instances, the software vendor has or Microsoft, can buy Linux projects, the GPL (Gnu Public produced a licence which, through 'out'. This is because the source Licence) (12) fundamentally holds the disclaimers, leaves almost no code is not owned by anyone, best interests of the software consumer. mechanism for the claimant to and, to re-state, any It makes it your right to use the instigate any worthwhile action. 'proprietary' extensions they software in whatever way you see fit, Furthermore, in most circumstances make to the OS, they have to with minimal constraints, and no fees. the vendors are huge organisations release to all their competitors However, it also protects the software with almost limitless legal resources, developer by way of guaranteeing 3) The GPL has absolutely no thus making the task a risky that his efforts cannot be incorporated impact on companies proposition. This current climate will into another product by someone else, whishing to produce closed- be likely made even harder for source, commercial for commercial gain. This therefore claimants, at least in the U.S, if the applications for Linux, as these allows these open source developers proposed Uniform Commercial aren't extensions to the Linux the freedom to put extensive effort Code: Article 2b, Software Contracts source itself, merely into their works, and not feel that their and Licences Information is instigated applications. Thus Oracle, work will be 'ripped off'. For many of as law in future. To many people, the Corel et al. can port to Linux the anti-corporatist developers UCC2b (10) law provides extra and charge for their software contributing to Linux, this helps powers to software publishers, at the as per normal induce a powerful work ethic. These expense of consumers. Support for developers work as professional This licence, in effect, guarantees an Linux has, until now, worked software engineers during the day, open playing field for all contenders, differently to the mainstream and produces the desired effect of

36 COMPUTERS & LAW Linux for the Legal Community: A Primer continual Vendors thus have to considered. Linux comes ready to a spreadsheet, word processor, differentiate on the quality of the add­ install into any TCP/IP (standard presentation graphics and ons they ship with their distribution, Internet), IPX (Novell) and database and is designed to the quality of their manuals, and the Appleshare (Mac) network. It also enable document exchange quality of end-user and enterprise operates with standard intranet with 97. support. Consumers are guaranteed HTTP and FTP web-services and . Corel WordPerfect for Linux that the open source platforms they document download protocols. If you (List CDN$50, free for personal are making a strategic commitment to, are considering using Linux as a use) will perhaps become the will exist for as long as there are users; workstation, then all major Linux most popular office suite for they can never evolutionary dead­ office suites come with support for Linux, due to brand-name ends. The same cannot be said for the inter-operating with Microsoft Office recognition. Also, WordPerfect products from commercial vendors, 4.x, 95, 97 and 2000 suites. Users are has a strong following amongst where operating systems and tools are Word and Excel documents can be safe the Legal profession. If you've orphaned as a matter of course, in the knowledge that most of their ever used any of the modern sometimes as a tactic to force users to documents are portable to the new Windows or Macintosh word purchase upgrades. These issues were platform, although sometimes there processors, you'll be right at well covered by an assessment of are some formatting quirks as can be home. This version has all of Linux and open source which has expected in any 'importing' scenario. the features of WordPerfect for done a great deal to bring these to the Further, if you're currently using other platforms, including attention of MIS managers, Corel's WordPerfect Office Suite, then drawing and charting Microsoft's 'Halloween' documents you'll find the Linux version an modules, auto-correct and (12.) Therein, Microsoft claims that almost exact replica. Your document spell-as-you-go highlighting, 'Linux represents a best-of-breed standards, templates and macros spelling and grammar UNIX, that is trusted in mission should all work, as is, and your checking, tables, mail merge, outlining, lists and style sheets. critical applications, and - due to it's operators will not require retraining. WordPerfect for Linux is the open source code - has a long term As Lotus Notes/Domino is in beginning of a full featured credibility which exceeds many other widespread use in many legal firms, product range that Corel is competitive OS's.' it may be worth mentioning that releasing for Linux over the Lotus have recently announced While Linux is generally considered next few months. Eventually, a strong contender for the server support of the Linux platform for the they have committed to ports Notes/Domino servers, with a version backend, it is also coming sharply into of all their mainstream apps focus as a viable workstation platform. becoming available later this year. like CorelDraw etc. Among the benefits of using Linux on While details have not been released, WordPerfect for Linux is down- it is very likely that all customised the desktop are its stability; no more loadable from http:// linux.corel.com/ system crashes at inopportune databases built into Notes will be easy to migrate to this new platform. Lotus moments leaving users agonising StarDivision StarOffice 5.0 have also stated that they will support over lost productivity. Also the fact the Notes client on Linux with the (POA; free for personal use) Linux workstations can be Tocked- StarOffice is perhaps the next generation, Java based interface. down' i.e where users cannot delete 'slickest' of the office suites for Most people need a core of perhaps a desktop icons and remove Start menu Linux, and of considerable items or install illegal, unlicensed or dozen major application types (word interest to many potential users unapproved applications. Also, Linux processors, spreadsheets etc) available due to its 'no-charge' licence for on a platform, for it to be of use. It's systems are virtually immune from personal use. Perhaps due to probably been a well kept secret, but virus attacks, thus reducing greatly this slickness, it requires more this wasted effort and expense. And Linux has probably all the serious resources than the business and personal productivity finally, saving the equivalent of $350 aforementioned competitors. applications you may ever need. per workstation (price of NT The product is also available What's more, quite often these are Workstation licence) in a 100 desktop for the Windows platform, and available at no cost or in open source has garnered a substantial organisation every 3 years (average format. Office suites are perhaps the following in Europe (it's time for new NT licence to appear) is developed in Germany.) It too nothing to bemoan. most common requirement of people who use computers as personal has all the main apps you Among the many questions potential productivity tools. Linux currently would expect from an office users of Linux ask is: 'Can I easily has four main office suites from which suite, and is down-loadable introduce a Linux system into your to choose from. The main contenders from http:// current network/office are: www.stardivision.com/ environment'? In response, issues KOffice from KDE This is a new such as network protocols, document • Applixware 4.4.1 (Priced at USD$79.95): the suite includes application suite, with formats and data storage need to be spreadsheet, a couple of word-

COMPUTERS & LAW 37 Linux for the Legal Community: A Primer

processors (general & box' with Windows 3.11, have it sent of as a fax scientific/document layout) Windows 95/98 and Windows personal organiser, NT, 3.x/4.x. Furthermore, • Thin Client/NC systems: Take presentation slide-show recent benchmarking by Ziff- the NC concept further and system and more. KOffice is Davis (8) has shown SAMBA deploy a thin-client network open source freeware, and is (running on Linux) to be up- of Linux workstations. These targeted primarily for the KDE to 250% faster than Windows are low cost to install, minimal desktop environment (one of NT 4.0 Server on the same cost to maintain networks. All several for Linux.) It's perhaps hardware platform. you need to do is combine a the newest (and thus least Linux-based file server, a complete) contender, but as Internet Gateway: This is one powerful Windows NT based with many open source of the things that Linux was Application Server (like Citrix software projects, holds solid figuratively born to do. By WinFrame) and as many promise for rapid installing any Linux Linux based x586 class PCs as improvement. Download from distribution on a x586 or x686 are needed. You can serve files http://www.kde.org/' class machine, you will from the Linux server, install instantly get, the World's best all your client's normal Use of Email and Internet/Intranet web server (Apache), a cgi-perl Windows applications on the Discussion Groups are by now a core capable system with SQL NT application server, and activity within most organisations. database capabilities (for e- have your client's users run use Many of the office suites (Applixware, commerce solutions), an these applications on their KOffice) come with their own email Internet standard email server, low-cost, PCs running the clients (POP/IMAP) which are quite an Internet standard high performance Linux useable. Alternatives are plentiful on discussion group server operating system. This style of Linux, which isn't surprising, as it's (NNTP), an Internet standard solution produces all the the first OS built via the Internet. File Transfer server (FTP), known advantages of NCs and Many people use text based mailers Multi-link PPP (which will thin-client computing (such as like elm, pine and mutt, which are allow simultaneous use of absolute zero administration powerful, but complex for beginners. multiple modems to the ISP, and minimal user 'futzing') at One of the more popular GUI mailers (thus achieving ISDN level a cost of around $1000 per is the IMAP/POP client that ships bandwidth, without the cost,) desktop user, and markedly IP Masquerading (which reduced support costs. with Netscape Navigator. Netscape allows you to use a single IP also provides for a convenient Usenet Linux is a continual work-in-progress, address from your ISP for many news-reader too. For web browsing, workstations, Proxy Servers, with 'snapshots' taken at specific, Netscape Navigator has been on Web and NNTP Caches, IP highly stable points. Its ability to slot Linux for a few years, and from the packet filtering and firewall in, chameleon-like, into your sounds emanating from Mozilla.org software (for network security) network, and onto your users (the central development site for and much, much more. In fact, desktops is a great advantage. While Netscape Navigator) Linux is the a package like Red Hat Linux Linux may not suit every user or development platform of choice for 5.2 comes with 1,500 separate organisation (perhaps no platform developing new versions of applications and utilities can,) there is little doubt that it is not Navigator. Navigator looks and works only here to stay, but making inroads the same on Linux as on Windows, Modem Servers: Linux, in into all major IT markets. In a war of and it's open source and free, http:// combination with a 16-port attrition against all the competitors, it www.netscape.com/ for the latest serial board from a company has nothing to lose. It may therefore like Cyclades (13), makes a great versions. be prudent for all IT professionals low-cost terminal server for working in the legal community to As a way to pump-prime the use of your remote users who need a not only be aware of Linux, but to try Linux in your organisation, here are remote-access (RAS) modem it for themselves. They only need a a few ideas for possible solutions to pool for mobile laptop users or spare PC, a cheap Linux distribution your IT requirements: branch offices and a few hours of time. Fax Gateway: If you install • Linux makes an excellent file Resources: Linux has some of the best and print seiver for Windows, Linux and the free Hylafax (14) software on a low-end PC with resources on the 'Net: Here's a Novell and MacOS based smattering: netw orks. With SAMBA a modem, you can create a installed on Linux, you can cheap fax server solution for • Linux Australia http:// provide robust, quality file your site, for those who need www.linux.org.au/ server for corporate network enabled faxing. The departments, workgroups or users can just 'print' to the fax • LinuxToday news site http:// Small to Medium Enterprises, server from any Windows linuxtoday.com/ which will work 'out-of the- productivity software, and

38 COMPUTERS & LAW Linux for the Legal Community: A Primer

• Australian Vendors of 1 The Cathedral and the Bazaar, Eric S. 10 Uniform Commercial Code Article 2B Raymond http://sagan.earthspace.net/~esr/ Revision WebSite http://www.law.uh.edu/ Specialised Linux Products writings/ca thedra 1-baza a r/cathedral- ucc2b/ and Services http:// bazaar.html www.linux.org.au/ 11 GNU General Public License http:// 2 The Open Source Definition http:// www.gnu.org/copyleft/gpl.html ausvendors.shtml www.opensource.org/osd .html 12 The Halloween Documents http:// • Excellent Linux Search Engine 3 Caldera http://www.caldera.com/ www.opensource.org/halloween.html http ://ww w. google, com/ 4 Pacific High Tech http://www.turbolinux.com/ 13 Cyclades http://www.cyclades.com/ • Freely Redistributable Software in Business http:// 5 Red Hat http://www.redhat.com/ 14 HylaFAX Home Page http://www.hylafax.org/ www.cyber.com.au/misc/ 6 SuSe http://www.suse.com/ 15 Australian Personal Computer: Linux frsbiz/ Pocketbook Available in most newsagents that 7 CheapBytes; Linux System Labs http:// sell Australian Personal Computer magazine Con Zymaris ([email protected]) is www.cheabytes.eom/http://www.lsl.com.au/ Managing Director of Cybersource Pty. 8 ZDNet: The Best Windows File Server: Linux! http://www. zdnet.com/sr/stories/issue/ Ltd. in Melbourne, Australia. He has been 0,4537,2196106,OO.html working with computers since 1979 and mw uses Linux almost exclusively for all 9 Cobalt Micro Thin Servers http:// www.cobaltmicro.com/ computer needs.

■I

The Dawn of a New Dark Age Censorship and amendments to the Broadcasting Services Act Brendan Scott, Gilbert & Tobin

The coming change in balance of regime rather than an enlightened Forcing the content out of Australia power in the Senate has prompted Western democracy. also means that inbound traffic into some shameless initiatives by the Australia is increased. Australian Federal Government in relation to ECONOMIC REASONS WHY carriers are currently forced to buy censorship (not the Government's THE BILL IS BAD content from US carriers, but must preferred term "content regulation"). give Australian content to the US It doesn't take too much effort to realise Suddenly this year we've seen a rush carriers for free. One of the that everyone pays for content they of censorship across the board and the justifications for this is that traffic is acquire. If you force someone to divest advent of new proposals for 70:30 in the US carriers' favour (exact themselves of content that their users censorship of the internet. These figures vary). Recently this ratio has want, you force them to buy that proposals fly in the face of technical been gradually improving, putting content as their users want it. If you're advice received by the Government pressure on US carriers to move to a a small ISP, all of a sudden you're and are being rushed through with fairer interconnection regime. At an going to find yourself having to pay very little time for community APEC conference on internet to download data that you previously comment. On 21 April, the financing in Japan in March this year could provide your end users for free. Government introduced it's US carriers were at pains to justify If the scheme is successful, the content Broadcasting Services Amendment why they shouldn't pay for other will still be available, just forced out (Online Services) Bill. The Bill sets out people's content. Increasing traffic of Australia. Small business ISPs will a proposed scheme for the regulation inbound into Australia knocks the leg have to pay carriers for that content of internet content. In short the out of Australian carriers' arguments and those carriers will, in turn, be scheme is intended to move all for US carriers to play fair. forced to pay foreign carriers to "objectionable" content out of acquire the content. In this equation Interconnection payments play a Australia and to block access to such everyone on the Australian side of the fundamental role in shaping the content outside Australia. The ocean loses out. It also means that information economy. That the proposals are more reminiscent of small ISPs are the ones who have to Government can contend that this censorship in, say, a totalitarian cushion everyone else's fall. regulation won't inhibit the

COMPUTERS & LAW 39