The Federal Government will introduce legislation next year to create a mandatory internet filtering scheme in order to block content which is refused classification and URLs on an official blacklist, communications minister Stephen Conroy announced yesterday.
But the announcement has been given a mixed reception, with lobbyists and the opposition questioning how the plan will be implemented and demanding more details about the structure of the filtering system itself.
Several telecommunications providers including Telstra, Optus and Primus have all welcomed the introduction of the filter.
A mandatory filtering scheme has been touted by the Government for some time, with Conroy originally saying “unwanted content” would be blocked. However, that has since changed to just content “refused classification”.
Conroy yesterday announced the timeline for introducing filtering legislation and the introduction of a grants program for ISPs to expand the filtering system into other areas not legally required.
“The Government has always maintained there is no silver bullet solution to cyber-safety. That is why we have established a comprehensive range of cyber-safety measures, including funding for 91 additional online Australian Federal Police officers and education,” he said.
“Through a combination of additional resources for education and awareness, mandatory internet filtering of RC-rated content, and optional ISP-level filtering, we have a package that balances safety for families and the benefits of the digital revolution.”
Conroy announced the Government will introduce legislative amendments for the Broadcasting Services Act to force ISPs to block material which is refused classification.
He said this material is already subject to take-down notices if it is hosted in Australia, but due to regulations preventing the Australian Communications and Media Authority from controlling overseas-hosted content, the filter will block international material.
“ISP filtering reduces the risk of Australians being inadvertently exposed to RC-rated material when they are online,” he said, noting the RC content list would be compiled through a “public complaints mechanism”.
However, no further details were given.
“The report into the pilot trial of ISP-level filtering demonstrates that blocking RC-rated material can be done with 100% accuracy and negligible impact on internet speed,” he said, referring to the Enex Testlab report into the filtering system.
The report, which was finally released yesterday in conjunction with Conroy’s statement after months of speculation, revealed the nine ISPs involved in the testing process were able to accurately block a blacklist of URLs with no impact on performance or speed.
But some analysts have pointed out the report itself says the filter could easily be bypassed if comprised of just a blacklist of URLs, while some say the report has not given enough information on the trial itself, as no sample sizes are given.
“A technically competent user could, if they wished, circumvent the filtering technology. Testing showed that the filters used for the ACMA blacklist only were more easily circumvented than other more complex filters used to cover a wider range and volume of material,” the report stated.
However, the report also states some impact on speed was noticed if more complex filtering systems were used.
“Some ISPs proposed that further consideration be given to greater security and automation of how the ACMA blacklist is distributed and updates installed.”
While not a formal participant in the trials, the report found Telstra could accurately block a blacklist of about 10,000 URLs – but any high-traffic sites would cause the system to fail.
Telstra’s own report into the filtering process, also released yesterday, found the company recorded no speed losses when blocking a pre-determined limit of 10,000 URLs, but noted high-traffic sites would cause a problem for the filter.
“It is possible for the solution to fail if pages from a heavily trafficked site are added to the blacklist. This is due to volume limitations of a typical proxy server. These sites serve video content to end users (such as YouTube, etc). The volume of video traffic would be likely to overwhelm a proxy server.”
The Government’s report also noted smaller ISPs could incur costs by introducing the mandatory filtering system including hardware maintenance costs, subscription fees, service provider support and software maintenance.
The announcement was met with a mixed reception by opposition communications spokesman Tony Smith, who said the Coalition will take a hard look at the proposals put forward by the Government.
“The fact that it has taken two years in office for Minister Conroy to make today’s announcement is testament to the difficulty he has had with the workability and effectiveness of his proposal and evidence of his chaotic approach to the issue.”
“While the Coalition remains concerned that the Rudd Government’s approach will simply be unmanageable, we have also said from the beginning that we were prepared to assess any credible trial results. Now that Senator Conroy has finally produced the report, that detail needs to be assessed.”
The Internet Industry Association also said it will examine the Government’s report.
“The Association will review the report and looks forward to compiling a consolidated industry report that reflects views of all aspects of the internet industry.”
But other reactions were not as tepid.
A spokesman from lobby group Electronic Frontiers Foundation said in a statement the filtering system is still too vague, with questions remaining on how refused classification content will be added to the list, and how the system will be regulated.
“There are few surprises in this document. Given the pilot’s modest goals, it was designed from the beginning to pass. Although it may address some technical issues, what it leaves out is far more important – exactly what will be blocked, who will decide, and why is it being attempted in the first place?”
“Successful technology isn’t necessarily successful policy. We’re yet to hear a sensible explanation of what this policy is for, who it will help, and why it is worth spending so much taxpayers’ money on.”
EFA has publically opposed the filtering system for some time, along with a number of other groups including GetUp. These groups say the internet filtering scheme will not just block child pornography, as is the Government’s intent, but will stop innocent sites from being viewed.
Indeed, a leak of the Australian Communications and Media Authority blacklist, on which the filtering trial based, found the websites of some businesses were inadvertently blocked, along with some YouTube links and the URLs of legal pornography sites.
These groups also point out the Government has not addressed any faults identified in the filtering scheme.
The filtering system has seen a mixed reception from ISPs. iiNet said in a statement it welcomes the announcement, but will continue to contribute to the consultation process.
“iiNet plans to contribute further to the public consultation on measures to improve the accountability and transparency of processes and will work with the Department of Broadband, Communications and the Digital Economy and ACMA on the detailed implementation of ISP-level filtering, including the updating of relevant industry Codes of Practice.”
“iiNet has previously raised concerns with ISP level filtering which it believes is unlikely to have a significant affect on illegal activity. As the Government has decided to introduce legislation, iiNet wants to make sure any changes introduced are workable.”
But some ISPs have welcomed the plan. Primus Telecommunications said the Government’s intention to “block online child pornography” is an honourable one.
“Primus Telecom believes that the introduction of an ISP filtering regime into Australia requires a balance between protecting Australians’ rights of free expression and access to information with the need to improve online safety and the need to take action against the providers of objectionable content,” Bhatia said in a statement.
Telstra’s group managing director of public policy and communications David Quilty also said in a statement the company “welcomes Senator Conroy’s commitment to consult further with ISPs on the details of the Government’s plans”.
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
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