BitTorrent vs the Supreme Court of Victoria

Last night Channel Nine screened the crime drama Underbelly everywhere across Australia — except Victoria, where it was banned following a Supreme Court order. But thanks to the joys of BitTorrent, thousands of people have already downloaded it from the Internet. The law cannot cope in this new era.

As the screenshot shows, Underbelly was online within two hours of broadcast. By mid-morning today, 6500+ people had downloaded it from Mininova alone.

Screenshot of Underbelly downloads available on Mininova

As with the Corey Delaney episode before it, this highlights the stupidity of the law in the bold new age of the Internet. I have no complaint with Justice Betty King’s decision. She’s just upholding the law as it stands. The law, alas, is hopelessly inadequate.

Who, I wonder, has this kind of law reform on their agenda. Anyone?

Bonus links:

Angry geeks: “Don’t waste money on internet filters”

Crikey logo

[This is what I wrote for Crikey, finally published today.]

Child Wise’s Bernadette McMenamin found out the hard way: geeks get angry when you suggest filtering their Internet. OK, she only wants to block child porn and other illegal nasties, that’s clear now. But the geeks are still angry.

Why?

  1. Two completely different problems are conflated. One, preventing distribution of already-illegal child pornography to anyone. Two, preventing children from viewing undefined “inappropriate” material, but allowing access to others in the same home. Different problems need different solutions, but they’re jumbled together for political purposes. Naughty naughty, Senators Conroy and Fielding.
  2. Taxpayer-funded technical “solutions” are proposed for social problems. As John Birmingham reminds us, the government is not your babysitter.
  3. Technical illiterates are demanding specific answers: filters. Those in the know are already several pages ahead in this story, and know filters won’t work. Geeks get angry when their knowledge isn’t respected — even when it isn’t understood (or understandable).

Real-world experience in everything from spam filters to the record industry’s futile attempts to stop copyright violations always shows that filters only block casual users. Professionals, the desperate or the persistent will always get through.

However if a politician demands a filter, pretty soon a shiny-suited salesman will appear, ready to sell him a box with “filter” written on the front. It’ll work — well enough for the demo, anyway.

“Look, Minister! Nice Minister. Watch the screen. See? Filter off, bad website is visible. Filter on, bad website gone. Filter off. Child in danger. Filter on. Child happy and safe. Filter off. Voter afraid and angry. Filter on. Voter relaxed and comfortable. Cheque now please.”

Continue reading “Angry geeks: “Don’t waste money on internet filters””

Mark Pesce on Internet filtering

Photograph of Mark Pesce

My new friend Mark Pesce (pictured) has written Blacklisted: Breaking Senator Conroy’s net censorship for the ABC.

The Web is the ultimate “greased pig” for the world’s governments — they can chase it, and perhaps briefly gain a handhold, but they’re always tossed on their posterior a few moments later. You would think that this lesson would have sunk in — after all the Web has been with us, part of our daily lives, for almost fifteen years. But no: there’s always a bureaucrat, somewhere, who claims: “This time, it’ll work. Really!”

Mark also quotes Wang Guoqing, which I hadn’t gotten around to doing yet:

Last May, Wang Guoqing, Vice Minister of the State Council of Information, the man who oversees the Great Firewall of China, was quoted as saying: “It has been repeatedly proved that information blocking is like walking into a dead end.” In essence, Wang was declaring the failure of the Chinese attempts to filter the Internet; the Chinese are now moving toward a policy, which reminds Chinese netizens that the state is watching them — and that they should surf the web appropriately.

Social pressure (with the threat of criminal prosecution) is taking over from a failed technical strategy. So Conroy is quite correct; Australia isn’t going down the Chinese road — because China has already backed out of this dead end.

A superb piece tying together pretty much all of the threads we’ve been discussing, and much more. Read and enjoy.

Petitions to parliament drove ALP’s Internet filtering policy

Photograph of Irene Graham

Here’s a nice twist linking this week’s discussion threads. It turns out that Labor’s Internet filtering policy was largely driven by petitions to parliament — the very petitions which Chairman Rudd plans to make more effective.

Irene Graham (pictured), who commented here as “rene”, has been following censorship issues for years at libertus.net. In a post to Link she reminds us that back in October 2006, Senator Stephen Conroy was presenting a petition to parliament:

In March, Kim Beazley announced that a Labor Government would require all Internet Service Providers to offer a ‘clean feed’ internet service to all households, schools and public libraries that would block access to websites identified as containing child pornography, acts of extreme violence and x-rated material.

In the Senate today, I tabled a petition signed by more than 20,000 Australians endorsing Labor’s policy… [which] clearly shows that this view is widely shared in the Australian community.

However those 20,646 signatures were gathered through churches, hardly “representative”.

Continue reading “Petitions to parliament drove ALP’s Internet filtering policy”

John Birmingham on Internet filters

Author John Birmingham posted a great piece last week attacking Internet filtering. Apart from describing Senator Conroy’s “puckered cat’s bum thing with your mouth” when equating freedom of speech with kiddie-porn-watching, he puts what I think is the best argument: “If parents are going to plug their kids into the net it is the parents’ responsibility to look after the little darlings while they’re online. You wouldn’t set a small child loose in the city and expect the government to step in and do your child-minding for you.”