So best advice I could make specific to hosting providers (not social media companies) would be, to comply with the legislation:
1 - Update EUAs with a clause that abhorrent violent content breaches the service agreement. 2 - Ensure you have in place a mechanism to match electronic fingerprints of material similar to anything identified in a eSafety Commissioner's notice. By the by, without a mechanism for the eSafety Commissioner to match content (a common mechanism for electronic fingerprinting material across hosting providers), the eSafety Commissioner will find themselves playing whack a mole chasing content specific to each hosting provider. That's their obligation, and I somehow think they'll be reluctant to go there. I'm not a lawyer. This isn't expert opinion. Kind regards Paul Wilkins On Tue, 9 Apr 2019 at 14:02, Paul Wilkins <[email protected]> wrote: > I'm not sure that the legislation creates a duty to proactively remove > abhorrent violent content. It imposes a condition of "recklessness". Is it > reckless to wait for the eSafety Commissioner to issue a written notice > before addressing the issue? > > It's arguable that it's not. If the eSafety Commissioner hasn't provided > the requisite notice, either they're reckless, or the material's not of > sufficient gravity that it becomes reckless not to remove it. Or, if the > eSafety Commissioner is indeed reckless through not issuing a written > notice, is that justification for a content provider not to remove the > content? In my non expert opinion, I see nothing in the Act that creates an > obligation to proactively monitor and censor content. As Narelle says, you > don't want to be assessing this stuff. Hosting services provide an IT > function. They're not, nor should they be required to be content or legal > experts. > > I would say that it would clearly be reckless upon receiving written > notice from the eSafety Commissioner to not take down the subject material, > and anything of similar nature identified through an electronic fingerprint. > > Also there are no obligations to remove content whatsoever for the > provision of carriage alone. > > I'm not a lawyer. This isn't expert opinion. > > Kind regards > > Paul Wilkins > > > On Tue, 9 Apr 2019 at 09:50, Narelle Clark <[email protected]> wrote: > >> >> There are good third party clearing houses for some of this stuff. >> Whether it's cost effective or appropriate for the average Australian ISP >> in this context. We'll find out I suppose. >> >> The Internet Watch Foundation is what we use for .org monitoring and >> validation. >> >> You really don't want your own staff assessing this stuff. >> >> >> Narelle >> >> On Tue, 9 Apr. 2019, 5:55 am Scott Weeks, <[email protected]> wrote: >> >>> >>> >>> ---------------------------------------------------- >>> *474.32 Abhorrent violent conduct* >>> (1) For the purposes of this Subdivision, a person >>> engages in abhorrent violent conduct if the person: >>> (a) engages in a terrorist act ; or >>> (b) murders another person; or >>> (c) attempts to murder another person; or >>> (d) tortures another person; or >>> (e) rapes another person ; or >>> (f) kidnaps another person >>> ----------------------------------------------------- >>> >>> >>> You definitely like to lean towards a nanny state >>> solution. The obvious question is who gets to >>> decide what is a terrorist act, or torture, or... >>> >>> scott >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> > >>> > >>> > _______________________________________________ >>> > AusNOG mailing list >>> > [email protected] >>> > http://lists.ausnog.net/mailman/listinfo/ausnog >>> > >>> >>> >>> _______________________________________________ >>> AusNOG mailing list >>> [email protected] >>> http://lists.ausnog.net/mailman/listinfo/ausnog >>> >>> >>> _______________________________________________ >>> AusNOG mailing list >>> [email protected] >>> http://lists.ausnog.net/mailman/listinfo/ausnog >>> >> _______________________________________________ >> AusNOG mailing list >> [email protected] >> http://lists.ausnog.net/mailman/listinfo/ausnog >> >
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