Australian ISP Filtering Faces Failure

by P. Ferioli

Monday, March 2, 2009

Last month I blogged about how the Australian government's decision to drop the educational NetAlert program and move forward with mandatory ISP filtering would do little to help protect families down under from the dangers on the Internet. 

To the surprise of many, including myself, it appears that the plan "has effectively been scuttled" according the the Sydney Morning Herald.  The fallout appears to come from independent Senator Nick Xenophon's decision to join the Greens and Opposition in blocking any legislation required to get the scheme started.

"The Communications Minister, Stephen Conroy, has consistently ignored advice from a host of technical experts saying the filters would slow the internet, block legitimate sites, be easily bypassed and fall short of capturing all of the nasty content available online," the Morning Herald stated. On the heels of this, Senator Conroy still plans on moving ahead with the trial and even expanding it's scope outside of blocking illegal web site content. Senator Conroy recently said there was "a very strong case for blocking" other legal content that has been "refused classification." According to the classification code, this includes sites depicting drug use, crime, sex, cruelty, violence or "revolting and abhorrent phenomena" that "offend against the standards of morality".

Besides facing opposition from online consumers, lobby groups, ISPs, network administrators, some children's welfare groups, the Opposition, the Greens, NSW Young Labor and even the conservative Liberal senator Cory Bernardi, who famously tried to censor the chef Gordon Ramsay's swearing on television, Senator Conroy faces the toughest battle against the families he believes he is protecting. A poll from 2 weeks ago found that only 5 per cent of Australians want ISPs to be responsible for protecting children online and only 4 per cent want Government to have this responsibility. Parents actuallly want to take responsibility for what content their children consume. 

Parental control?
Imagine that.

Tags: ISP filtering, internet safety, parental controls, internet filter, parenting, NetAlert, Senator Stephen Conroy

The Child Online Protection Act is Dead

by P. Ferioli

Wednesday, January 21, 2009

Today, the Supreme Court said it won't consider reviving the Child Online Protection Act (COPA), which lower federal courts struck down as unconstitutional in 2007 and 2008.
 
COPA is a law in the U.S., passed in 1998 with the declared purpose of protecting minors from harmful sexual material on the Internet. COPA was enacted after the Supreme Court struck down a much broader law, the Communications Decency Act of 1996.  The federal courts have since ruled that COPA is in violation of the First and Fifth Amendments of the United States Constitution, and therefore have blocked it from taking effect.
 
COPA is not to be confused with Children's Online Privacy Protection Act(COPPA), which is a law that applies to the online collection of personal information by persons or entities under U.S. jurisdiction from children under 13 years of age. It details when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13.
 
The judges who have presided over the appeals, conclude that existing elective filtering technologies and parental controls are less restrictive to free speech than the 'ineffective' and 'overly broad' ban. I couldn't agree more. If such a law was passed how would it be enforced? Who would enforce it? Who would determine what is ‘decent' and what content is appropriate for what age?
 
The answer is quite simple. Parents, care-givers, guardians, and teachers are the frontline when it comes to protecting kids online. They need the ‘three-legged stool' of education, legislation and technology to assist them. Education about the safety issues, solid legislation that is forward thinking and effective, and powerful technology solutions that include filtering, blocking and monitoring of a child's online activities.
 
While it is important that we protect free speech in the U.S., it is equally important to take responsibility and protect children from harmful and inappropriate content as well. Net Nanny does both.

Tags: filtering, free speech, COPA, COPPA, parental controls, monitoring kids, internet safety

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