NNSquad - Network Neutrality Squad
[ NNSquad ] a users view on the ASIC request
----- Forwarded message from [Name withheld by request] Date: Fri, 17 May 2013 XX:00:11 NNNN From: [] Subject: a users view on the ASIC request To: Lauren Weinstein <lauren@vortex.com> Lauren, there is a dimension of the story you didn't capture maybe. if others have told you this I apologize for duplication. Not only was the ASIC request not really judicially assessed or understood to have force of law, the ISPs acted quite differently. Some blocked. some did not. The level of understanding of who can, and cannot request, and when it has force of law, and when 'show me a warrant' is an acceptable response is not clear. The ASIC is trying to re-posture as having misunderstood associated damage but it goes far beyond that: which laws empowered this takedown? there are laws which empower takedowns. What was this one? There are many blameable parties in this. the ISPs which blocked, should have been more conscious of what they were doing. the ISPs who refuse to speak, were being blinded by laws which relate to porn and other filters, which they are under legal obligation not to publicise for fear the blacklist becomes a URL set to trawl. there is no sense obvious to me the ASIC had the right to say 'do not tell' The differentiation of did block and did-not gets to really strange places. in Australia, we have legal defences in common-carrier laws which means ISPS can be like telephone networks, not held to be responsible for crimes in the data because they carry, not editorialize. In agreeing to block, the ISP inherits responsibilities: in not blocking, risk for loosing immunity, but.. the block/not-block mix makes this very complicated. Thanks for highlighting things btw. this is a very important story. I am personally outside the ISP community so I do not wish to join the debate. As a user, I am totally appalled by the lack of due process, respect for law by BOTH the ASIC, and the ISPs. I believe they behaved unprofessionally. I am not a lawyer. No doubt some lawyers will buy into this and call me wrong. ----- End forwarded message ----- --Lauren-- Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info Founder: - Network Neutrality Squad: http://www.nnsquad.org - PRIVACY Forum: http://www.vortex.com/privacy-info - Data Wisdom Explorers League: http://www.dwel.org - Global Coalition for Transparent Internet Performance: http://www.gctip.org Member: ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com Google+: http://vortex.com/g+lauren / Twitter: http://vortex.com/t-lauren Tel: +1 (818) 225-2800 / Skype: vortex.com _______________________________________________ nnsquad mailing list http://lists.nnsquad.org/mailman/listinfo/nnsquad