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	<title>Comments on: Conroy attacks BitTorrent: Ruins Australia online</title>
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	<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/</link>
	<description>All publication is a political act. All communication is propaganda. All art is pornography. All business is personal. All hail Eris. Vive les poissons rouges sauvages!</description>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-31275</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Sun, 20 Dec 2009 19:43:33 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-31275</guid>
		<description>&lt;strong&gt;@Mike:&lt;/strong&gt; Not an overly-simplistic point? I don&#039;t know that the Liberals are very good at accepting being wrong either. Trying to imagine Tony Abbott or Malcolm Turnbull conceding defeat makes my brain burst.

This might be my bias. I&#039;ve written elsewhere that I think contemporary politics has gone beyond one-dimensional Left &lt;em&gt;vs&lt;/em&gt; Right analysis, even when it&#039;s dressed up as Socialism &lt;em&gt;vs&lt;/em&gt; Capitalism or most other -isms. Plus I have trouble assigning intent to abstract concepts. YMMV.</description>
		<content:encoded><![CDATA[<p><strong>@Mike:</strong> Not an overly-simplistic point? I don&#8217;t know that the Liberals are very good at accepting being wrong either. Trying to imagine Tony Abbott or Malcolm Turnbull conceding defeat makes my brain burst.</p>
<p>This might be my bias. I&#8217;ve written elsewhere that I think contemporary politics has gone beyond one-dimensional Left <em>vs</em> Right analysis, even when it&#8217;s dressed up as Socialism <em>vs</em> Capitalism or most other -isms. Plus I have trouble assigning intent to abstract concepts. YMMV.</p>
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		<title>By: Mike</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-31274</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Sun, 20 Dec 2009 19:23:47 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-31274</guid>
		<description>It&#039;s the Labor party. Socialism dislikes arguments proving it wrong.</description>
		<content:encoded><![CDATA[<p>It&#8217;s the Labor party. Socialism dislikes arguments proving it wrong.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-16932</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Sun, 05 Apr 2009 21:20:10 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-16932</guid>
		<description>&lt;strong&gt;@Crue:&lt;/strong&gt; I think you&#039;ll find that Alastair&#039;s statement that &quot;&lt;em&gt;&#039;filtering BitTorrent traffic&#039; does not necessarily equate to &#039;blocking all BitTorrent traffic&#039;. I guess anything’s possible&lt;/em&gt;&quot; is about what Senator Conroy was intending to mean, not what is technically feasible.

More recent statements suggest that he doesn&#039;t so much mean &quot;blocking&quot; BitTorrent in the sense of a firewall, but &quot;attacking&quot; it in the sense of &quot;being able to do something about it&quot;. This may not solely be a technical system -- and indeed the mistake that critics often make is to think that everything has to be technological.

For examples, &lt;a href=&quot;http://www.brilliantdigital.com/&quot;&gt;Brilliant Digital Entertainment&lt;/a&gt;&#039;s &lt;a href=&quot;http://www.globalfileregistry.com/&quot;&gt;Global File Registry&lt;/a&gt; stores hashes of the files of copyrighted material which are being traded on P2P networks. The copyright-holder&#039;s people join the networks, watch for the files being traded, and record the IP addresses of the participants -- and they issue infringement notices to the ISPs. BDE have been touting this as a way of detecting the transmission of child abuse material.

Of course there are a number of flaws to this plan, but I&#039;ll leave explication of those for others for now.</description>
		<content:encoded><![CDATA[<p><strong>@Crue:</strong> I think you&#8217;ll find that Alastair&#8217;s statement that &#8220;<em>&#8216;filtering BitTorrent traffic&#8217; does not necessarily equate to &#8216;blocking all BitTorrent traffic&#8217;. I guess anything’s possible</em>&#8221; is about what Senator Conroy was intending to mean, not what is technically feasible.</p>
<p>More recent statements suggest that he doesn&#8217;t so much mean &#8220;blocking&#8221; BitTorrent in the sense of a firewall, but &#8220;attacking&#8221; it in the sense of &#8220;being able to do something about it&#8221;. This may not solely be a technical system &#8212; and indeed the mistake that critics often make is to think that everything has to be technological.</p>
<p>For examples, <a href="http://www.brilliantdigital.com/">Brilliant Digital Entertainment</a>&#8217;s <a href="http://www.globalfileregistry.com/">Global File Registry</a> stores hashes of the files of copyrighted material which are being traded on P2P networks. The copyright-holder&#8217;s people join the networks, watch for the files being traded, and record the IP addresses of the participants &#8212; and they issue infringement notices to the ISPs. BDE have been touting this as a way of detecting the transmission of child abuse material.</p>
<p>Of course there are a number of flaws to this plan, but I&#8217;ll leave explication of those for others for now.</p>
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		<title>By: Crue</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-16930</link>
		<dc:creator>Crue</dc:creator>
		<pubDate>Sun, 05 Apr 2009 16:38:32 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-16930</guid>
		<description>What the hell are you talking about? If you block torrents, you block them all.  You can&#039;t differentiate between what&#039;s good and what&#039;s &quot;bad&quot;. They all use the same protocol.</description>
		<content:encoded><![CDATA[<p>What the hell are you talking about? If you block torrents, you block them all.  You can&#8217;t differentiate between what&#8217;s good and what&#8217;s &#8220;bad&#8221;. They all use the same protocol.</p>
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		<title>By: Jonathan</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-16481</link>
		<dc:creator>Jonathan</dc:creator>
		<pubDate>Wed, 11 Mar 2009 00:44:29 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-16481</guid>
		<description>Why should consumers be allowed to make technology choices that put them and our great commonwealth in danger?

I await the Internet Transport Reform (Dangerous Packets) Act 2012.</description>
		<content:encoded><![CDATA[<p>Why should consumers be allowed to make technology choices that put them and our great commonwealth in danger?</p>
<p>I await the Internet Transport Reform (Dangerous Packets) Act 2012.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15316</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Sat, 17 Jan 2009 10:03:25 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15316</guid>
		<description>&lt;strong&gt;@Phillip Molly Malone:&lt;/strong&gt; As I suspected, the best source was (as bloody always) Irene Graham&#039;s &lt;a href=&quot;http://libertus.net/censor/ispfiltering-au-govplan.html#s_15&quot;&gt;Libertus.net&lt;/a&gt;

&lt;blockquote&gt;[Senator Conroy&#039;s term] &quot;euthanasia websites&quot; is vague and misleading terminology which misrepresents Commonwealth law: the &lt;a href=&quot;http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/0/304ACF9E0F446FFDCA257038001821BF?OpenDocument&quot;&gt;&lt;em&gt;Criminal Code Amendment (Suicide Related Material Offences) Act 2005&lt;/em&gt;&lt;/a&gt;. That legislation does not make websites &quot;illegal&quot;, it criminalises use of a carriage service (telecommunications/Internet) for specified purposes with specified intent, and it does not prohibit use of a carriage service to engage in public discussion or debate about euthanasia or suicide; or advocate reform of the law relating to euthanasia or suicide; unless the person has specified intent beyond such discussion/advocacy. Refer to the Act for details.

It would however be very concerning if ACMA were to start applying the criteria in that Act, rather than a court of criminal law as intended by the Parliament. It is not known whether that is the Labor Government&#039;s intent in relation to its filtering/blocking plan.&lt;/blockquote&gt;

So Ian Woolf is slightly wrong. It&#039;s not an MA15+ classification issue but a &quot;use of communications carriage service&quot; issue. Either way, the existence of this illegal material on an overseas site can now, already, cause it to be added to the ACMA blacklist.</description>
		<content:encoded><![CDATA[<p><strong>@Phillip Molly Malone:</strong> As I suspected, the best source was (as bloody always) Irene Graham&#8217;s <a href="http://libertus.net/censor/ispfiltering-au-govplan.html#s_15">Libertus.net</a></p>
<blockquote><p>[Senator Conroy's term] &#8220;euthanasia websites&#8221; is vague and misleading terminology which misrepresents Commonwealth law: the <a href="http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/0/304ACF9E0F446FFDCA257038001821BF?OpenDocument"><em>Criminal Code Amendment (Suicide Related Material Offences) Act 2005</em></a>. That legislation does not make websites &#8220;illegal&#8221;, it criminalises use of a carriage service (telecommunications/Internet) for specified purposes with specified intent, and it does not prohibit use of a carriage service to engage in public discussion or debate about euthanasia or suicide; or advocate reform of the law relating to euthanasia or suicide; unless the person has specified intent beyond such discussion/advocacy. Refer to the Act for details.</p>
<p>It would however be very concerning if ACMA were to start applying the criteria in that Act, rather than a court of criminal law as intended by the Parliament. It is not known whether that is the Labor Government&#8217;s intent in relation to its filtering/blocking plan.</p></blockquote>
<p>So Ian Woolf is slightly wrong. It&#8217;s not an MA15+ classification issue but a &#8220;use of communications carriage service&#8221; issue. Either way, the existence of this illegal material on an overseas site can now, already, cause it to be added to the ACMA blacklist.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15260</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Wed, 14 Jan 2009 07:21:54 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15260</guid>
		<description>&lt;strong&gt;@Phillip Molly Malone:&lt;/strong&gt; I &lt;em&gt;think&lt;/em&gt; I see where you&#039;re coming from with the comparison to anti-terrorism legislation, but I&#039;m not sure the analogy is a valid one. I&#039;ll need to think about that a bit more. Or not.

Your suggestion that if the government abuses the censorship then we can vote them out or protest it. But by then the abuse will have &lt;em&gt;already&lt;/em&gt; happened. With a secretive censorship regime -- and remember that the ACMA blacklist is both secret and protected by special FOI legislation -- we&#039;d have to: find out that the censorship is, in fact happening; successfully vote out the government when there may well be other political issues that sway the vote in other directions; make sure the new government actually repeals the legislation; and so on. My risk assessment is that we don&#039;t give them that power in the first place.

There&#039;s nothing wrong with a government having power X &lt;em&gt;per se&lt;/em&gt;, but only if there are appropriate checks and balance, appeals processes and so on. Conroy&#039;s plan has &lt;em&gt;none&lt;/em&gt; of these things.

My analogy: We can give someone a gun, and hope they don&#039;t misuse it. If they &lt;em&gt;do&lt;/em&gt; misuse it, you say, we can always take the gun back. But by then they&#039;ve already shot someone, and they still have a gun that makes my bargaining... difficult. I say don&#039;t give them the gun to start with.</description>
		<content:encoded><![CDATA[<p><strong>@Phillip Molly Malone:</strong> I <em>think</em> I see where you&#8217;re coming from with the comparison to anti-terrorism legislation, but I&#8217;m not sure the analogy is a valid one. I&#8217;ll need to think about that a bit more. Or not.</p>
<p>Your suggestion that if the government abuses the censorship then we can vote them out or protest it. But by then the abuse will have <em>already</em> happened. With a secretive censorship regime &#8212; and remember that the ACMA blacklist is both secret and protected by special FOI legislation &#8212; we&#8217;d have to: find out that the censorship is, in fact happening; successfully vote out the government when there may well be other political issues that sway the vote in other directions; make sure the new government actually repeals the legislation; and so on. My risk assessment is that we don&#8217;t give them that power in the first place.</p>
<p>There&#8217;s nothing wrong with a government having power X <em>per se</em>, but only if there are appropriate checks and balance, appeals processes and so on. Conroy&#8217;s plan has <em>none</em> of these things.</p>
<p>My analogy: We can give someone a gun, and hope they don&#8217;t misuse it. If they <em>do</em> misuse it, you say, we can always take the gun back. But by then they&#8217;ve already shot someone, and they still have a gun that makes my bargaining&#8230; difficult. I say don&#8217;t give them the gun to start with.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15259</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Wed, 14 Jan 2009 07:13:05 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15259</guid>
		<description>&lt;strong&gt;@Phillip Molly Malone:&lt;/strong&gt; Ian may have linkage to the decisions relating to euthanasia, but a search in Hansard and/or AustLII will soon turn up the relevant documentation. In any event, the most comprehensive and well-researched resource on Australia&#039;s censorship rules, offline as well as online, is Irene Graham&#039;s &lt;a href=&quot;http://libertus.net&quot;&gt;Libertus.net&lt;/a&gt;.

One point you&#039;re missing when you say Conroy&#039;s plan brings the Internet &quot;in line with the rest of the media&quot; isn&#039;t actually true.

With, say, a TV program that&#039;s MA15+ it still goes to air -- just tagged as such and after 9.30pm, and parents can decide whether to allow their children to watch it. A cinema showing an MA15+ film doesn&#039;t let in 10yo kids but anyone 15 or older is free to go in.

With the censorship of the Internet reducing the &lt;em&gt;entire&lt;/em&gt; internet to MA15+, then &lt;em&gt;no-one&lt;/em&gt; gets to see the perfectly-legal material, adult or child. This is a fundamental difference. Even if such a system is opt-out, it still requires you to register in some way to view perfectly legal material. That&#039;s a significant change being able to view it unmonitored.</description>
		<content:encoded><![CDATA[<p><strong>@Phillip Molly Malone:</strong> Ian may have linkage to the decisions relating to euthanasia, but a search in Hansard and/or AustLII will soon turn up the relevant documentation. In any event, the most comprehensive and well-researched resource on Australia&#8217;s censorship rules, offline as well as online, is Irene Graham&#8217;s <a href="http://libertus.net">Libertus.net</a>.</p>
<p>One point you&#8217;re missing when you say Conroy&#8217;s plan brings the Internet &#8220;in line with the rest of the media&#8221; isn&#8217;t actually true.</p>
<p>With, say, a TV program that&#8217;s MA15+ it still goes to air &#8212; just tagged as such and after 9.30pm, and parents can decide whether to allow their children to watch it. A cinema showing an MA15+ film doesn&#8217;t let in 10yo kids but anyone 15 or older is free to go in.</p>
<p>With the censorship of the Internet reducing the <em>entire</em> internet to MA15+, then <em>no-one</em> gets to see the perfectly-legal material, adult or child. This is a fundamental difference. Even if such a system is opt-out, it still requires you to register in some way to view perfectly legal material. That&#8217;s a significant change being able to view it unmonitored.</p>
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		<title>By: Phillip Molly Malone</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15255</link>
		<dc:creator>Phillip Molly Malone</dc:creator>
		<pubDate>Wed, 14 Jan 2009 05:01:34 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15255</guid>
		<description>No worries. 

Bush and Howard bring in new laws (phone tapping, detention, etc) and blame it on terriorism. Your arguing don&#039;t bring in regulations as there is a chance of government abusing it. 

Now you over look the fact that if a government did that:
a) They would/could be voted out
b) You could protest it!</description>
		<content:encoded><![CDATA[<p>No worries. </p>
<p>Bush and Howard bring in new laws (phone tapping, detention, etc) and blame it on terriorism. Your arguing don&#8217;t bring in regulations as there is a chance of government abusing it. </p>
<p>Now you over look the fact that if a government did that:<br />
a) They would/could be voted out<br />
b) You could protest it!</p>
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		<title>By: Phillip Molly Malone</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15254</link>
		<dc:creator>Phillip Molly Malone</dc:creator>
		<pubDate>Wed, 14 Jan 2009 04:59:31 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15254</guid>
		<description>Do you have a source on euthanasia discussion being MA15+ classified? Just for interest sake! 
If it is the case, kids in year 11 and 12 would be the only ones able to study this anyway as there would be 15 year olds in all other classes so I assume MA15+ material couldn&#039;t be taught either! 

So again, if this is the case, its the Net being brought in line with the rest of media and again if you have an issue with the underlying classification argue that not that the net should have different rules.</description>
		<content:encoded><![CDATA[<p>Do you have a source on euthanasia discussion being MA15+ classified? Just for interest sake!<br />
If it is the case, kids in year 11 and 12 would be the only ones able to study this anyway as there would be 15 year olds in all other classes so I assume MA15+ material couldn&#8217;t be taught either! </p>
<p>So again, if this is the case, its the Net being brought in line with the rest of media and again if you have an issue with the underlying classification argue that not that the net should have different rules.</p>
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		<title>By: Ian Woolf</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15253</link>
		<dc:creator>Ian Woolf</dc:creator>
		<pubDate>Wed, 14 Jan 2009 04:29:28 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15253</guid>
		<description>The discussion of whether or not euthanasia should be legal is adult content that is not permissible under MA15+ classification. The internet under Conroy is classified at no higher than MA15+, so all &quot;Adult Concepts&quot; are illegal to discuss without age verification proving age of 18 years or above. This naturally bars all high school students from studying current affairs or history.

http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/sch7.html</description>
		<content:encoded><![CDATA[<p>The discussion of whether or not euthanasia should be legal is adult content that is not permissible under MA15+ classification. The internet under Conroy is classified at no higher than MA15+, so all &#8220;Adult Concepts&#8221; are illegal to discuss without age verification proving age of 18 years or above. This naturally bars all high school students from studying current affairs or history.</p>
<p><a href="http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/sch7.html" >http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/sch7.html</a></p>
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		<title>By: Colin Campbell</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15226</link>
		<dc:creator>Colin Campbell</dc:creator>
		<pubDate>Sat, 10 Jan 2009 22:59:27 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15226</guid>
		<description>Glad that there are many people like you around making the case. I laughed at the Dunning-Kruger Effect. I just have an instinctive distrust of governments seeking to control and manage things. I would prefer that fools leave things well alone and leave it to people who know what they are doing like the ISPs themselves.</description>
		<content:encoded><![CDATA[<p>Glad that there are many people like you around making the case. I laughed at the Dunning-Kruger Effect. I just have an instinctive distrust of governments seeking to control and manage things. I would prefer that fools leave things well alone and leave it to people who know what they are doing like the ISPs themselves.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15215</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Sat, 10 Jan 2009 01:51:36 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15215</guid>
		<description>I&#039;m starting to think the &lt;a href=&quot;http://en.wikipedia.org/wiki/Dunning-Kruger_effect&quot;&gt;Dunning-Kruger Effect&lt;/a&gt; is in full force. A corollary is that you have to know enough about a subject to even suspect you might be being fed bullshit.</description>
		<content:encoded><![CDATA[<p>I&#8217;m starting to think the <a href="http://en.wikipedia.org/wiki/Dunning-Kruger_effect">Dunning-Kruger Effect</a> is in full force. A corollary is that you have to know enough about a subject to even suspect you might be being fed bullshit.</p>
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		<title>By: Snarky Platypus</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15214</link>
		<dc:creator>Snarky Platypus</dc:creator>
		<pubDate>Sat, 10 Jan 2009 01:05:10 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15214</guid>
		<description>To put it succinctly, I&#039;d rather the government not waste money on something that is doomed to fail.</description>
		<content:encoded><![CDATA[<p>To put it succinctly, I&#8217;d rather the government not waste money on something that is doomed to fail.</p>
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		<title>By: Stilgherrian</title>
		<link>http://stilgherrian.com/politics/conroy-attacks-bittorrent-ruins-australia-online/#comment-15213</link>
		<dc:creator>Stilgherrian</dc:creator>
		<pubDate>Sat, 10 Jan 2009 00:38:20 +0000</pubDate>
		<guid isPermaLink="false">http://stilgherrian.com/?p=3137#comment-15213</guid>
		<description>&lt;strong&gt;@Phillip Molly Malone:&lt;/strong&gt; You say:

&lt;blockquote&gt;&lt;em&gt;Do you see that your using the Howard/Bush terrorism is bad argument against the Filter?&lt;/em&gt;&lt;/blockquote&gt;

Nope, you&#039;ve lost me there. Care to spell out the steps in more detail?

As for trusting the government, as I say, it&#039;s also about trusting all potential future governments. Things can change rapidly in only a decade or two. Mentioning German, Italy and Japan in this context is a cliché, but nevertheless true. Maybe those with better History than me could suggest less-obvious examples.</description>
		<content:encoded><![CDATA[<p><strong>@Phillip Molly Malone:</strong> You say:</p>
<blockquote><p><em>Do you see that your using the Howard/Bush terrorism is bad argument against the Filter?</em></p></blockquote>
<p>Nope, you&#8217;ve lost me there. Care to spell out the steps in more detail?</p>
<p>As for trusting the government, as I say, it&#8217;s also about trusting all potential future governments. Things can change rapidly in only a decade or two. Mentioning German, Italy and Japan in this context is a cliché, but nevertheless true. Maybe those with better History than me could suggest less-obvious examples.</p>
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