Note: This column represents the opinions
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NZ's politicians have said they'll more than likely be following in
Australia's footsteps when it comes to some internet-related legislation.
I guess that's better than the IT Minister's previous claim that anti-spam
legislation was just "too hard" to bother with (sigh!).
However, if we are to become just another state of Australia from a
cyber-law perspective then make sure you read about the
latest proposal
to come from the other side of the ditch.
Yes, that's right -- if you're "offensive" (whatever that means) or
engage in seditious activities, encourage violent protests, or just
harass others using the Net then it's two years in the pokie for you.
The Aardvark PC-Based Digital
Entertainment Centre Project
Yes, at last, this feature
has been updated again! (31 Mar 2003)
The way I see it this law is good and bad.
On the one hand it could be alleged that repeat spammers such as the
recently outed Christchurch bulk emailer might be locked up for
harassing those who were on his mailing lists.
However, on the other hand you might also find yourself in jail if you
used the Net to organise a peaceful protest (thus exercising your
democratic rights) which unexpectedly turned into a violent conflict
with police.
Now, given the fact that corruption within the ranks of Aussie's boys in blue
is not unheard of, a law like this could make it pretty easy to victimise
otherwise innocent protest organisers simply by forcing a bit of argy-bargy
on them.
But what's worse is that if such a law were introduced here, YOU might
find yourself in the clink simply for venting your frustration at a spammer
by sending him a rude email.
Indeed, my own payback page could
land me in very hot water.
My Cruise Missile
website would also probably be seen as inciting violence and therefore
against this law.
It strikes me that the way the proposed law is worded, Australia might
be headed down the same slippery slope as the USA when it comes to eroding
the individual's right to free speech.
While one can't fault the intention of such a law, I think that civil liberties
groups in Australia (and here) ought to be keeping a very close eye on
this. After all, it's not unknown for "last minute" changes to be tacked
onto bills before they're passed and those changes, although small, can
sometimes have a tremendous effect its scope.
I seem to recall a very wise man once telling me that government usually
operates according to the mantra "if you can't tax it, ban it." Let's
hope that's not going to apply to free speech on the Internet down-under.
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