CyberLaw Blog

Archive for October 13th, 2008

AU – No opt-out of filtered Internet: “(Computerworld)
Australians will be unable to opt-out of the government’s pending Internet content filtering scheme, and will instead be placed on a watered-down blacklist. Under the government’s $125.8 million Plan for Cyber-Safety, users can switch between two blacklists which block content inappropriate for children, and a separate list which blocks illegal material. Pundits say consumers have been lulled into believing the opt-out proviso would remove content filtering altogether. The government will iron-out policy and implementation of the Internet content filtering software following an upcoming trial of the technology, according to the Department of Broadband, Communications and the Digital Economy.”

(Via QuickLinks Update.)

Council of Europe plans extension of broadcast rules to on-demand material: “The Council of Europe aims to increase the scope of a convention that affects the regulation of TV broadcasting to include video on-demand services and some online video. The changes will match those already made by the European Union.”

(Via OUT-LAW News.)

Parliament’s take on Freedom of Information: “

We’ll tell you – if you promise not to tell anyone else

The House of Commons was due last week to explain why, unlike the hundreds of organisations that regularly respond to Freedom of Information Requests through charity website whatdotheyknow.com, it has refused to do so.…

“

(Via The Register – Public Sector.)

Disconnection still terrifies freetards: “

Despite being off the cards for now

Disconnection still strikes fear into the heart of many freetards, a survey suggests, despite disappearing from the agenda this summer. A Memorandum of Understanding between major British ISPs and the music business saw the ultimate threat of Three Strikes disappear, to be replaced by nagging letters aimed at P2P file sharers. That doesn’t seem to have changed attitudes too much, though. Back in March a similar number, 75 per cent, claimed they would stop downloading unlicensed music if warned.…

“

(Via The Register – Public Sector.)

Home Office preps fudgetastic ISP data retention rules: “

Cash-strapped Whitehall gives small ISPs free pass

A Home Office official has baffled ISPs by telling them new laws will on paper require them all to retain data, but in practice some probably won’t be forced to because it could cost the government too much money.…

“

(Via The Register – Public Sector.)

ISP Involvement May Stem P2P Usage in UK: “If studies and surveys are any indication of the truth, UK residents would put to an end their P2P ways if ISPs started getting involved with copyright enforcement. Under the ‘three strikes’ proposal, repetitive and high volume offenders would be disconnected for trading copyrighted works.”

(Via Slyck.com File-Sharing News And Information.)

edmontonsun.com – Canada – ‘Internet research’ defense negated by Crown in child porn case: “‘Internet research’ defense negated by Crown in child porn case

Judge rejects man’s claim he possessed child porn for research purposes
By Guelph Mercury, 12 October, 2008

GUELPH, Ont. — An Ontario man’s claim he surfed the Internet for child porn because he was concerned girls he knew might have been victims “defies common sense,” a judge said before sentencing him to six months in jail.

Justice Bruce Durno said he did not believe 51-year-old Kenneth Carter amassed a collection of disturbing images while conducting research.

Carter earlier pleaded guilty to possessing child pornography, but during the preparation of a presentencing report told a probation officer he was looking at the online images because he was worried two girls he knew might have been victims.

This belief, he said, was based on his knowledge the girls had once attended a daycare centre implicated after the owner’s son was charged with possessing child porn.

Carter claimed he downloaded pictures and then used image-comparison software to determine whether the children in the images might be the girls he knew.

The Crown rejected this explanation and launched into a sentencing hearing to determine the man’s level of culpability.

Const. Bruce Hunter of the Guelph technical crimes section testified during the sentencing hearing that as far as he knows, the software described by Carter does not exist.

Hunter also said it would be “next to impossible” to locate images of particular children in the massive and growing world of online child pornography.

“What he said he was attempting to do gives new meaning to the phrase needle in a haystack,” Durno said Thursday before sending Carter to jail for six months.

Court heard police found almost 200 images of child porn on Carter’s computer after it was seized in August 2006, as well as approximately 300 child porn stories on electronic storage devices.

Carter admitted during the sentencing hearing he found the stories “titillating.”

Following the jail sentence, Carter will be on probation for 18 months.

Porn arrest here sparks probes in 16 countries: “Porn arrest here sparks probes in 16 countries’

Louise Dickson, Times Colonist, Published: Saturday, October 11, 2008

The arrest of a Victoria man for possessing child pornography has sparked investigations in 16 countries.

Matthew Cohen, 21, traded more than 186,000 child pornography images with hundreds of people around the world, Victoria police Det. Bob Elder said yesterday.

Details of the case have been kept secret until now to allow other jurisdictions to pursue suspects.”

(more…)