[clug] EFA?

Tomasz Ciolek tmc at vandradlabs.com.au
Sun Sep 23 15:09:07 GMT 2007


Perhaps this is bet taken off list and into private discussion... 

I relalise this is a gross generalisation... 

Laws and regulations (and contsituion is one, like it or not)
which are prescriptive in thier nature automatically make everyhting
else either undefined, or prohibited (like a default firewall 'deny all'
rule). In contrast laws that are proscriptive tend to work the other way. They
permit all that is not explicitely prohibited. 

Think of a bill of rights - like the one USA have as a precriptive piece
of law. I don't think I want to have a constirution that prescribes what
my rights are, to exclusion of things not listed in the books.


Just my little rant for today.. 

Cheers
Tomasz

On Sun, Sep 23, 2007 at 11:53:12PM +1000, Brian wrote:
> Note the article below refers to free speech.
> In addition there is an ad on tele promoting the benefits of being an
> Australian citizen, one of which was free speech.
> 
> There is NO free speech in Australia.
> It is not part of our constitution.
> 
> Brian
> 
> 
> Ian Bardsley wrote:
> > Just another example of the creation of "Nanny States" that pervade the
> > world these days.
> > 
> > We will soon have an opportunity to vote with our feet. Don't miss this
> > opportunity and dont forget to let your local candidates know your
> > feelings.
> > 
> > Have a great week
> > 
> > 
> > Ian Bardsley
> > 
> > 
> > Sunnz wrote:
> >> Hey,
> >>
> >> I got an e-mail regarding to ISP censorship thing below.
> >>
> >> Anyone here a member of EFA? The ISP censorship thing seem like a
> >> pretty bad issue.
> >>
> >> ---------- Forwarded message ----------
> >> From: Ivan Lazar Miljenovic <ivan.miljenovic at gmail.com>
> >> Date: 2007/9/23 ?? 2:19
> >> Subject: [gentoo-au] Fwd: Police Censorship Bill and Whirlpool lawsuit
> >> To: gentoo-au at lists.gentoo.org
> >>
> >>
> >> I got this off the humbug mailing list... someone on this mailing list
> >> might be interested, so I'm forwarding it on:
> >>
> >>
> >> Folks,
> >>
> >> What follows is a re-post (with permission) of an email to EFA members
> >> on Friday.  I encourage everyone to visit http://www.efa.org.au/ and
> >> consider joining Electronic Frontiers Australia, for your own sake.
> >>
> >> ----- Forwarded message from Dale Clapperton <efachair at efa.org.au> -----
> >>
> >> Subject: EFA member update: Police Censorship Bill and Whirlpool Lawsuit
> >>
> >> Dear EFA Member,
> >>
> >> The last week has been an extremely busy one for EFA, so this is an
> >> opportune time to let you know what EFA has been doing to protect your
> >> rights, and the rights of all Australian Internet users.
> >>
> >> Yesterday, out of the blue, Senator Coonan introduced a Bill into the
> >> Senate that would give the Australian Federal Police sweeping and
> >> unchecked powers to block access to Internet material by decree, based
> >> on what the police 'believe' the purpose or effect of the material is.
> >>
> >> EFA is quite simply appalled by this Bill.  It is an affront to the rule
> >> of law and will likely be used as a tool of political censorship by the
> >> police.  Australia is not a police state and the police should not be
> >> the judge, jury, and executioner of Internet content.
> >>
> >> EFA has issued a media release about the Bill
> >> (http://www.efa.org.au/Publish/PR070920.html), which we expect to gain
> >> media attention in the coming days.
> >>
> >> Parliament may not sit again before the Federal election is called.
> >> This Bill is typical of the contempt with which the coalition treats the
> >> Internet and the rights of all Australians to be free of ill-conceived
> >> government censorship.  Should the coalition be returned to power, this
> >> Bill is likely to become law.  Remember these issues on election day.
> >>
> >> Last Tuesday brought news that a software vendor had sued the owner of
> >> popular Australian discussion forum whirlpool.net.au for "injurious
> >> falsehood".  The software vendor, 2Clix Australia Pty Ltd, alleged that
> >> the owner of whirlpool had maliciously published false statements about
> >> 2Clix's software, with the intent of damaging their business.
> >>
> >> A number of EFA members contacted us to express their concern over the
> >> lawsuit.
> >>
> >> EFA made contact with Whirlpool and offered them whatever assistance we
> >> could provide.  EFA also issued a press release
> >> (http://www.efa.org.au/Publish/PR070912.html) condemning the lawsuit,
> >> which created a considerable amount of media attention.  I was
> >> interviewed by a number of journalists, including from Channel 7, who we
> >> understand are preparing a feature article on the lawsuit.
> >>
> >> EFA contacted a number of legal practitioners that we have existing
> >> relationships with, with a view to finding pro-bono representation for
> >> Whirlpool.  We received an encouraging response, but thankfully this
> >> proved to be unnecessary.
> >>
> >> The overwhelming public backlash against 2Clix caused them to back-flip
> >> and announce that they would abandon the lawsuit.  EFA issued a press
> >> release (http://www.efa.org.au/Publish/PR070919.html) welcoming this
> >> news.  Although the paperwork to end the legal action has not yet been
> >> filed, 2Clix's solicitors have confirmed to Whirlpool that they are
> >> instructed to discontinue the action.  This is a true victory for people
> >> power.
> >>
> >> Whirlpool is not alone in this type of fight.  EFA knows of at least
> >> three other cases currently before the courts in which operators of
> >> discussion forums have been sued (for defamation, leaking confidential
> >> documents, and racial vilification) because of what third parties have
> >> posted on their forums.  These actions are an attack on free speech, and
> >> on the infrastructure that permits members of the public to speak.
> >>
> >> Adverse results in these cases threatens the provision of discussion
> >> sites such as Whirlpool.  Yet, the majority of these sites do not have
> >> 100,000 members to support them, or to make donations towards their
> >> legal costs.  EFA plays a vital role in assisting people in this
> >> situation by attempting to find them pro-bono legal representation, and
> >> providing other assistance.
> >>
> >> We rely on your membership fees and donations to perform this vital
> >> work.
> >>
> >> In closing, I have established a personal blog at
> >> http://defendingscoundrels.com/ - the topics that I blog about may be of
> >> interest to many of you.
> >>
> >> We're proud to keep fighting the good fight on your behalf, and we
> >> appreciate your words of thanks.
> >>
> >> Dale Clapperton
> >> EFA Chairperson
> >>
> >> ----- End forwarded message -----
> >>
> >> -- 
> >> Ivan Lazar Miljenovic
> >> Ivan.Miljenovic at gmail.com
> >>
> >>
> >>
> >>  
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> > 
> 
> -- 
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-- 
Tomasz M. Ciolek	
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