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If, as is being suggest by some,
Australia institutes the toughest measures to censor the Web for
"criminal information", it will constitute the most far-reaching
restriction on individual freedom this country has ever seen.
Our society is a society where
people can be in fear of their lives because of threats from a spouse
but the police cannot do anything about it until a crime is actually
committed. This means that actual harm must be done, the law must be
broken. Assumption of intent is not enough.
"Criminal" information of the
type being railed about is freely available in print, and it is not, as
yet, illegal to know something, even if it might be illegal, in certain
contexts and for certain purposes, to put that knowledge to practical
use. Yet it now appears that it is assumed that access and knowing
constitutes a danger to society of such magnitude that common sense
should be dispensed with.
Information is of itself
neutral. There cannot, therefore, be a category of information called
"criminal", and it should be a matter of concern to all Australians
that the difference between criminal activity on the Internet and
informat ion available on the Web which may (but equally very largely
won't) be used for criminal purposes is being confused, either
deliberately or as a result of ignorance.
Australian society has never
required enabling legislation, we therefore have neither the
protection, nor the restrictions of a First Amendment. We must maintain
clear and public understanding of the difference between being socially
irresponsible and criminal activity.
Pre-Mandela South Africa had
extremely restrictive censorship policies and practices. Books in
general were an object of great suspicion. Possession of books,
particularly if the word "Russia" appeared in the title, was enough to
label t he owners as dangerous subversives, and many books were
presented as evidence in political trials. Substitute "crime" for
"treason" and "digital" for "print" and we appear to be heading down
the same road.
We appear to be heading down the
same road in a manner that is highly inconsistent, and which ignores
both the assumption of innocence and notion of intent. Print, radio,
television and film are information carriers far more widely accessible
than the Internet currently is. Most of us have picked up from these
sources a large number of disparate pieces of information which could
be put to criminal use. Despite the wide publicity relating to the
composition of the explosive used in the Oklahoma Cit y bombing, and
the widespread ownership of the ingredients by Australian householders,
we haven't seen a multiplicity of police raids on garden sheds, nor a
wild rampage of middle-aged gardeners bombing public buildings. Yet
police concern about availabil ity of what they call "criminal
information" seems to indicate an assumption that access to information
equates to intent to use that information for criminal purposes. If we
take this to its logical conclusion I can see librarians, and others,
spending innumerable hours excising the neat recipe for molotov
cocktails from the Macquarie Dictionary, the information on how to set
and light fires from all scouting handbooks, and the detail of how the
dastardly deed was done from all murder mysteries .
It will be impossible to
effectively prevent those who are determined to do so from obtaining
information published on servers located outside Australia even if such
material is banned in Australia. I regularly use the "mail-to" facility
in graphical browsers to email to colleagues information I have
stumbled across which I believe will be of interest to them. Such
facilities will be used across national boundaries to circumvent any
censorship.
It will also be impossible to
effectively censor the publication of material deemed to be "criminal"
in Australia without the full cooperation of the local Internet
community. In South Africa, the censorship system was, in effect,
maintained by librarians who displayed a lamentable inability to grasp
the essentially political nature of their work. The essential of
authoritarian rule is confidence, psychological bluff and the
occasional, though well-timed, demonstration of ruthless reaction to
any transgression. Implementation of an equivalent censorship applied
to dissemination of information via the Web will require that the
Internet community not only takes the responsibility but actually does
the work.
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