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Posted on 02/19/2008 12:43:52 PM PST by ellery
Back in 2002, we wrote about how the Australian government was forcing ISPs to block sites that it claimed displayed child pornography. Last year, the government wanted to allow Australian police to add to the blocklist. The problem was that there was no review whatsoever -- and no way to make sure the sites being blocked actually were questionable, rather than just sites the police didn't like. When we raised this question back in 2002, someone responsible for the filters in Australia argued with us in the comments that we were wrong to question the policy and insisting that, even though there was no way to determine what was being banned, we should just trust those in charge of the filters that it was for our own good. Of course, when a government representative (or a representative of a company doing the government's will) says "just trust us," you know you should be worried.
To prove that point, take a look at what's happening in Finland, where a very similar law is in place, specifically designed to have ISPs block child pornography. There's just one little problem. An investigation into what's being blocked shows that many of the sites on the list appear to contain no pornography at all (child or otherwise). However, among the sites blocked is an anti-censorship site that argues against Finland's policies. There are also the website for a doll company and some computer help forums. The research also showed that there are plenty of "adult oriented" sites, but that most of them appear to be perfectly legal and have nothing to do with child pornography at all. However, since the list isn't public and there's no way to know what's on the list (other than thanks to researchers like those who brought this to light) it's tough for anyone to know if the government is actually abiding by the law. Once again, it looks like you shouldn't "just trust" the government when it claims it's protecting you.
ping!
Is child porn still taboo in Scandinavia?
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
>>However, since the list isn’t public and there’s no way to know what’s on the list <<
That’s like our warrantless wiretaps - nobody knows who is being tapped but only those tapped have the legal standing to challenge.
Not exactly, or even remotely "like".
No one is prevented from communicating as a result of warrantless wiretaps; and failure to employ them can result in real loss of life.
Am I in a different universe? or what?
Yikes!
Important point. People are prevented from communicating with the ISP blocks, unlike with wiretaps.
I don't know enough to agree with your 2nd point: can't they monitor whoever they want and then apply to FISA within 72 hours for a retroactive warrant? That way nothing gets lost in the rush of fast-breaking leads.
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