[clug] EFA? Rant/Response [SEC=UNCLASSIFIED]

[Roppola, Antti - BRS]

Hi,

There does indeed sem to be far reaching implications to the use of a
"Commonwealth offense".

For example, discussion about cryptography could be seem as facilitating
the commission of an offense.

For example, activities now deemed as criminal by the 2006 Copright Act
might see access to any form of torrent denied.

For example, accessing any code that implements or attempts to implement
a patented algorithm.

In and of itself, the bill might have reasonable intent, but the
structure makes it open ended as far as future bills are concerned.

Antti


freegazer wrote:

> unlike others i do not believe this should be taken to private
discussion.
> the issues discussed are both relevant and important to the membership
of this list.
> 
> this bill if enacted can alter the structure of the internet for
australians. its not just the issue of if the bill should be proscribing
or prescriptive.
> 
> if i (a pure legal layman) am reading this proposal correctly then;
> 
> in its current form this bill could cause a site to be effectively 
> taken down for containing a link to a site that contains material that

> a civilian operative feels ( a subjective measure affected by personal
agendas and beliefs) may potentially, at some time in the future be
considered to be inciting or condoning a crime that at the time he makes
his decision is not a crime.
> 
> there is a token passing reference to terrorism in the title only of 
> the bill. the bill itself refers to _all_ commonwealth offences - 
> thats a long list of things you might speak about in a way that one of

> these empowered operatives might feel you are condoning or inciting
and it would mean that he or she might decide to have the entire site or
just a discrete component of it "filtered" by your ISP who would have
little or no say in what is being filtered.

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