From: David Farrar Subject: [public-discuss] ISP Regulation Date: Wed, 5 Mar 2003 22:15:52 GMT ----- Some major issues for InternetNZ and the industry with the report back of the inquiry into Films, Videos and Publications Classification Act. The report is at http://www.clerk.parliament.govt.nz/Content/SelectCommitteeReports/i5a.pdf. It is 90- pages long - the Internet related stuff is from page 55 on.

Law Commission mades a good point in comparing attempts to have the Act deal with the Internet as being like King Canute stopping the tide. The Committee reports the problems with the Australian model but shows some sympathy for

I was unsure about forwarding this on here as it is a judgement call how close to an operational issue this is, but the potential effects of legislation have significant operational issues so I hope no-one objects. Also rather concerned that the mainstream media reports on the select committee inquiry have only focused on the increased penalties for child porn with almost no reference to the quite significant talk of licensing and regulating ISPs, so that many ISPs may be unaware of what has been proposed. If discussion is off-topic for here then public-discuss(a)internetnz.net.nz is certainly a suitable and open to all forum. DPF Forwarded Message: the

scheme.

They specifically say "Despite our reservations about the Australian model, we consider the only effective way to police objectionable material emanating from outside New Zealand is by placing obligations on ISPs that operate in NZ ..."

"We also consider a code of practice would ensure all ISPs give customers information on how to best protect their families from exposure to internet content such as objectionable material, making sure ISPs provide clear and consistent terms and conditions consumers can understand. ... we would support ISPs being required to provide to their customers acceptable or approved filtering software products."

They also say "We would like the Government to provide such filterware free of charge to Internet users"

On a Code of Practice, they state:

"We consider the Government should work with key ISPs to develop a code of practice for all ISPs. We consider industry compliance with a COP shoual, as a first step, be voluntary, but if necessary we would support legislation to enforce compliance by ISPs. There may be a need for ISPs to be licensed or registered in order to control their behaviour."

"We note InternetNZ recently approved a $40,000 plan to redraft and relaunch a draft code following a new round of industry consultation. The draft, we understand, has been on the table since 1999 but certain key players such as Xtra have refused to buy in to such a code of practice. We hope the industry will take up this challenge to develop a code and the notion of responsible self regulation."

The upcoming InternetNZ summit in May 2003 may be an opportune forum to discuss an industry response to the report of the Select Committee. I don't think anyone wants us to go down the Australian approach (which even the Aust Govt admits has failed), but if we don't do something the status quo doesn't look very viable.

DPF

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