From: Delimiter
By: Renai LeMay
Date: 17th of November, 2010

Legislation supporting Labor’s mandatory internet filtering project may not hit parliament until mid-2013, according to advice provided to Stephen Conroy by his department — a timeframe which may make it an issue in the next election.

The timing was outlined in briefing documents (PDF) provided by the Department of Broadband, Communications and the Digital Economy (DBCDE) to Communications Minister Conroy, outlining the current state of affairs and the action he needs to take on significant matters, following the Federal Election. The contents of the documents was first reported by iTNews.

In the documents, DBCDE noted that the Government had postponed the legislation while a review of the Refused Classification category of content (which the filter is intended to block) was carried out by the Minister for Home Affairs for the consideration of federal and state Attorneys-General.

The attorneys-general are slated to meet this month to confirm the review — and then, DBCDE noted, they would be likely to consider the scope of methodology of the review in March 2011, with recommendations to then be presented back to the attorneys-general in early 2012.

“It may then take [the Standing Committee of Attorneys-General] a number of meetings before it reaches consensus on any recommendations from the review,” wrote the department. “This suggests legislation for mandatory filtering may not be able to be introduced into Parliament before the middle of 2013.”

In mid-October, a departmental official told a Senate Estimates Committee hearing in Canberra that DBCDE was not working directly on the filter project. “At this stage, the work is all elsewhere,” they said. However, in the briefing document, the department noted there were actually several initiatives currently ongoing regarding the filter.

For starters, the department noted it would work actively with the Internet Industry Association and the Australian Communications and Media Authority on a new industry code to support voluntary filtering of child abuse material — which ISPs like Telstra, Primus and Optus have already pledged to implement.

Although it’s unclear whether it’s actively working on the matter, DBCDE discussed the issue of how reviews could be carried out by an independent expert on the processes for compiling the voluntary list — including legislation required to provide that expert with immunity from criminal proceedings for doing their job checking the list — as well as being given standing to seek review of classification decisions.

In addition, the briefing documents noted DBCDE had been allocated $840,000 in funding over the next three years to develop a software tool to assist small and medium ISPs to meet their mandatory filtering obligations.

Money has also been allocated to the Attorney-General’s Department — $1.5 million in 2010/11, $1.8 million in 2011/12 and $1.4 million “ongoing” to undertake a review of ACMA’s decision’s to find an internet address to be refused classification. And $8 million has been allocated to encourage ISPs to offer customers filtering of additional material — such as general pornography and gambling sites if a customer wanted such a service.

Here’s the transcript of an internet filter-related question asked on the ABC’s “Q & A” program, and how the panel members – including Communications Minister Stephen Conroy – responded to it. Full transcript for the show at:

http://www.abc.net.au/tv/qanda/txt/s3016957.htm?show=transcript

WILLIAM ROLLO: Senator, you quite clearly believe in your internet filter proposal quite passionately. It has, however, been widely condemned by the industry it affects, the telecommunications industry, as being unworkable and ineffective. The Coalition aren’t backing it. Joe Hockey announced that a couple of weeks back, and the Greens aren’t too keen on it either. Under the new paradigm it’s realistically unlikely to get anywhere. Do you therefore consider it to be fair for voters to see your insistence on this policy as a time and money waster? Thank you, Mr Conroy.

TONY JONES: Stephen Conroy?

STEPHEN CONROY: The debate around the filter has revolved around two separate issues. One is there’s been a claim which is not thoroughly discredited that it would slow the internet down. It’s thoroughly discredited because in practice in Europe – all over Europe where a filter is in place that blocks child porn it has no impact. Here in Australia three telecommunications companies (Telstra, Optus and Primus) have said that they will introduce one to block child porn and it will have no impact. If you’re an engineer you’d say it’s one 70th of the blink of an eye but no noticeable effect. So many, many people have been told repeatedly that it will slow down the internet. This is not true. The other argument which Fiona makes, and she makes some very good points, is about what it is that could possibly be blocked on what’s called the black list and she’s made some very good points and that’s one of the reasons…

TONY JONES: I’ll just get you to cover them quickly because that’s not actually what the questioner asked, to be fair. He’s basically saying that in this new parliament you’re just not going to get it through and so you’re wasting time talking about it. Is that – do you actually have the votes to get it through if the Coalition is against it…

STEPHEN CONROY: Well, no legislation…

TONY JONES: …if some independents are against it?

STEPHEN CONROY: No legislation…

TONY JONES: Or can you do it without legislation?

STEPHEN CONROY: No, no legislation has come forward yet because what we’ve undertook to do originally was, when all those people claimed that it would slow things down, we did some trials and we proved that it didn’t. Fiona, as I said, has made a number of good points about the breadth of what’s called the refused classification category. So we’ve said that we’ll have a look at that independent the classification board, independent of government, we’ll review the terms of RC. So if people have a view like Fiona does, everyone in Australia now has an opportunity to put that forward. So the legislation will ultimately reflect the outcome of that review. So there’s still a review process to be gone through. So for people to say, “Oh, it definitely won’t be passed”, the legislation hasn’t been drafted and that review hasn’t taken place yet. So you don’t simply because you get a lot of criticism say, “Oh, well, I’m going to run away from that policy.”

FIONA PATTEN: And I think, you know, in answer that question, I don’t think there’s – you know, Joe Hockey may have said that he won’t support the filter as it stands but certainly Tony Abbott out at Rooty Hill, of course, said that he would – he’d do whatever he could to stop people looking at filth and, you know, Senator Alston also is another one who really pushed the notion that we needed to stop Australians from watching adult material on line. In fact I think that was the reason he was opposed to broadband was that it would become “a sewer for filth”, I think was his words.

STEPHEN CONROY: Nothing strange.

TONY JONES: It wasn’t only – to be fair it wasn’t only Joe Hockey. It was also Malcolm Turnbull very recently. Is the Coalition policy against the filter or not?

SOPHIE MIRABELLA: Well, it’s not going to work. We will support policies that will work but this will not work. It will not stop the sort of – the offensive material. It won’t stop the peer to peer discussions. It won’t stop the chat room discussions. It will not work and you haven’t actually shown how it will work. You’ve removed the support that we had for parents and we believe it is a strong role that parents should be involved in. They should exercise control in their own home and we provided free PC based filters. You took that away. You haven’t replaced it with anything and you still haven’t been able to deliver on your promise and prove that this will work. It will not work. That’s why there is such widespread opposition to it.

STEPHEN CONROY: If I could just respond to a couple of points from Sophie. Let me be absolutely technically accurate. It is 100% accurate. Blocking individual URLs as is done in Europe today, 100% accurate. No over-blocking, no under-blocking. So you block exactly what you tell it – the blacklist tells the filter to block. That’s all. Nothing else. So it does work. Then you raise the issue of peer to peer. I’ve said repeatedly, including on this show, the filter is not an attempt to deal with peer to peer. We have more money for police. We have more money for court cases. We have parent education. We have student education. We have ACMA running education campaigns all around the country as well as the filter but the filter is not designed – has never been designed and you won’t find a quote from me anywhere. So when you want to say “It doesn’t work”, it works 100% accurately on what is targeted. That’s the proposed filter not any filter that your government previously put in place.

TONY JONES: Okay.

FIONA PATTEN: I think…

TONY JONES: All right, Fiona.

FIONA PATTEN: I mean that’s the point. The line is shifting again. You know, I think probably last time we were sitting next to each other it was x-rated material was going to be blocked at that stage.

STEPHEN CONROY: No, that’s…

FIONA PATTEN: I know you say that and on that program you did…

STEPHEN CONROY: On that show we said RC.

FIONA PATTEN: …and then you said RC, that’s right, and the line shifted and now we’re actually shifting again. Now if, like in Europe, where there is a voluntary system and it’s about child pornography and that’s what it’s about – it’s not about anything else, then I think the community – I mean, I don’t think there’s anyone probably…

STEPHEN CONROY: No, we’ll there’s…

FIONA PATTEN: …anywhere saying, well, okay…

STEPHEN CONROY: …there’s two internet service providers who’ve said they will not block child pornography. Two of them have already publicly stated they will not block the child pornography list.

FIONA PATTEN: I think most…

STEPHEN CONROY: They’re on the record.

FIONA PATTEN: You know, I think most people in the community would say, “Look, you know, I would like to see people closed down. I don’t think just filtering child pornography is the answer. I think we need to be spending those resources and probably the resources that we’re putting into investigating a filter should be actually put into policing…

STEPHEN CONROY: You know that’s not true. This is material produced overseas, Fiona. You know you can’t close it down. It’s produced…

FIONA PATTEN: Well, if you find it you can close it down. I mean…

STEPHEN CONROY: No, you can’t find it in Russia. You can’t find it in the jurisdictions outside of Australia…

FIONA PATTEN: Well, I beg to differ on that one.

STEPHEN CONROY: …and no one has been able to close it down and I don’t pretend any magic wand that closes down child pornography.

TONY JONES: Okay, can I just interrupt? I’d like to hear from the other panellists and, Rob Oakeshott, you’ve said you don’t think there should be a net nanny in the household. I mean, if the legislation comes are you going to look at it and then decide or have you already decided?

ROB OAKESHOTT: You’ve answered the – yeah. I’m looking forward to the legislation and I do think there should be a net nanny in the home but that is the people in the home. I think the most valuable thing that can be done in every single household is the shoulder surfing; is having the computer in an open space where, you know, the TV is on…

STEPHEN CONROY: Well, unfortunately, an open space doesn’t exist when an iPad exists and an iPhone exists.

ROB OAKESHOTT: Yeah, that’s right, but…

STEPHEN CONROY: This argument, you should put it into the common room, the family room is now technologically bypassed.

ROB OAKESHOTT: Yeah, but there are…

FIONA PATTEN: Yeah, but the filter is not going to block inappropriate material on an iPad. I mean, it’s not going to block – as you quite rightly say, it’s only going to – well, I’m not quite sure what it’s going to block now but knowing that it’s going to block child porn…

STEPHEN CONROY: You’ve just run an entire election campaign campaigning against it so you do know.

FIONA PATTEN: No. No. Well, no, because you’re now saying, “Actually we’re going to rethink RC. We’re going to rethink what it’s going to do,” so I’m not quite sure and as you say the legislation hasn’t been existed – it doesn’t exist and you’re going to now review it but blocking stuff on the iPad that parents are concerned about is not what the filter is about.

STEPHEN CONROY: Absolutely.

TONY JONES: Okay. Go ahead.

ROB OAKESHOTT: Well, I was just going to finish. In regards to I think personal responsibility is a big factor in answering what we’re all trying to achieve in this one and looking forward to the legislation when and if it comes and let’s look it in detail.