Wednesday, September 10, 2014

Tony Abbott's internet filter is full of holes

If the Abbott government proceeds with its current proposal to crack down on online copyright ­infringement it will be reviving ­elements of Labor's failed internet filter.

It's extraordinary that this government is considering such a scheme for two reasons.  First, an internet filter is a censorship regime that poses a serious threat to freedom of speech.  And second, the proposed regime will not put an end to online piracy.

The threat to freedom of speech is clear.  The government's proposal, outlined in its discussion paper entitled Online Copyright Infringement, requires internet service providers to block websites which have a "dominant purpose" of infringing copyright.

The intention of the government's policy is to stop Australians from being able to access pirated material online.

The risks of such a regime are many.  It is unlikely that the only websites to be blocked will be those sharing pirated material.  Inevitably, other websites will be blocked through error and misjudgement.  Even the test is vague.  Some websites have ­pirated material but also offer other legitimate services to users.  It is not possible to block half a website so the whole thing will be censored.

And there is another problem.  A censorship regime simply will not work.  Back in August 2010, then shadow communications minister Malcolm Turnbull said of ISP-level website blocking:  "It was a really bad idea that could only have come up from people that actually didn't understand the internet."

Now Turnbull, along with ­Attorney-General George Brandis, is in charge of implementing the Abbott government's own ISP-level website blocking regime.

What Turnbull understood in 2010 was that such a regime could be easily bypassed.  At a very low cost, internet users can download a virtual private network.  VPNs allow Australians to connect to the internet through ­another country.  A VPN is all that is required of anyone seeking to circumvent the piracy crackdown.  Other tools, such as anonymising software, are equally easy to use and require very little technical knowledge.

Prior to the 2013 federal election, the Coalition promised to restore freedom of speech.  Now in government, the Coalition has a rare opportunity to defend the liberal democratic principles it championed during the election campaign.

But the government's crackdown on piracy fails to take advantage of this significant opportunity.  Rather than censoring the internet, it should be restoring freedom of speech.  This policy is a glaring about face.

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