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List:       bugtraq
Subject:    Re: BUGTRAQ may be banned in Australia
From:       Peter Jeremy <jeremyp () GSMX07 ! ALCATEL ! COM ! AU>
Date:       1999-05-28 10:57:33
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A few comments in response to the various replies I've received:

Firstly, the draft "Broadcasting Services Amendment (Online Services)
Bill 1999" is available as
http://scaletext.law.gov.au/html/bills/0/1999/0/0642393079.htm
Some amendments were made, but as far as I am aware, they don't
materially affect the Bill.  I still don't know of a URL for
the final version.

Secondly, private e-mail is apparently exempt (unless it is archived),
whereas public mailing lists are covered.  The exact definitions are
not particularly clear.  Definitely, if BUGTRAQ was banned, such a ban
would extend to any on-line archive of it (but a hard-copy printout
would be classified under different rules and probably be perfectly
legal).

The Bill makes ISPs responsible for prevent access to banned material.
The Bill does not make it clear how this should be done - even the
Government admits that implementing it isn't practical.  ISP's _do_
face a fine of $A27,000 (USD18,000) per day for failing to comply
with a `take-down' order.

The possibility of tunnelling encrypted content isn't touched upon (I
suspect that the relevant politicans didn't realise it was possible).

It's fairly clear to most people within the industry that the Bill
is unworkable.

At this point, I think I have strayed far enough from the stated
purpose of this list and request that further correspondence be
re-directed to either myself or stop-censorship@efa.org.au.

Peter
--
Peter Jeremy (VK2PJ)                    peter.jeremy@alcatel.com.au
Alcatel Australia Limited
41 Mandible St                          Phone: +61 2 9690 5019
ALEXANDRIA  NSW  2015                   Fax:   +61 2 9690 5982

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