Lundy pursues opt-out amendments to filter

James Riley
Wednesday, 17 February 2010 21:54

IT Policy - Regulation

Labor Senator Kate Lundy has further refined her views on the Government's controversial internet filtering plan and will seek to have amendments to the policy accepted by the Caucus when the legislation is unveiled in the next several weeks.

Senator Lundy has been a vocal about her misgivings about the mandatory ISP-level filtering plan, and says she will seek to have a "Mandatory Option" introduced – in which users must make an active choice about the level of filtering they want applied to their service.

Under Senator Lundy's proposal, the Government's proposed filter of 'Refused Classification' material would be the default service where a subscriber does not make that actrive choice.

But ISPs would be required to offer an Open Internet service as one of the mandatory options, creating the ability for subscribers to opt out of the filters.

"I think mandating the provision of an Open Internet service in legislation for all ISPs also protects the civil libertarian principles of freedom of information and speech whilst not diminishing the ability of the authorities to tackle illegal content such as child pornography where is found," she said.

Senator Lundy said some filter opponents had focussed their arguments on trying to limit the RC material that would be captured by a filter. But an opt-out provision would address those concerns anyway, and would better safeguard the benefits of a free and open internet.

Senator Lundy will put her amendments to Caucus as soon as Communications Minister Stephen Conroy releases the draft legislation, which is expected in the next several weeks. In the meantime, she plans to lobby her colleagues directly.

Getting the amendments adopted will be a challenge. The mandatory ISP-level filtering policy is a Cabinet decision and an election policy. And its an election year.

But the formation of the internet filter policy has been fraught from its beginnings, and there are many, many Senators on both sides of politics with serious misgivings about both its aims and its effectiveness.