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I got this off the humbug mailing list... someone on this mailing list |
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might be interested, so I'm forwarding it on: |
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|
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Folks, |
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|
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What follows is a re-post (with permission) of an email to EFA members |
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on Friday. I encourage everyone to visit http://www.efa.org.au/ and |
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consider joining Electronic Frontiers Australia, for your own sake. |
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|
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----- Forwarded message from Dale Clapperton <efachair@×××××××.au> ----- |
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|
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Subject: EFA member update: Police Censorship Bill and Whirlpool Lawsuit |
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|
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Dear EFA Member, |
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The last week has been an extremely busy one for EFA, so this is an |
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opportune time to let you know what EFA has been doing to protect your |
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rights, and the rights of all Australian Internet users. |
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|
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Yesterday, out of the blue, Senator Coonan introduced a Bill into the |
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Senate that would give the Australian Federal Police sweeping and |
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unchecked powers to block access to Internet material by decree, based |
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on what the police 'believe' the purpose or effect of the material is. |
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|
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EFA is quite simply appalled by this Bill. It is an affront to the rule |
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of law and will likely be used as a tool of political censorship by the |
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police. Australia is not a police state and the police should not be |
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the judge, jury, and executioner of Internet content. |
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|
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EFA has issued a media release about the Bill |
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(http://www.efa.org.au/Publish/PR070920.html), which we expect to gain |
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media attention in the coming days. |
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|
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Parliament may not sit again before the Federal election is called. |
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This Bill is typical of the contempt with which the coalition treats the |
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Internet and the rights of all Australians to be free of ill-conceived |
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government censorship. Should the coalition be returned to power, this |
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Bill is likely to become law. Remember these issues on election day. |
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|
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Last Tuesday brought news that a software vendor had sued the owner of |
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popular Australian discussion forum whirlpool.net.au for "injurious |
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falsehood". The software vendor, 2Clix Australia Pty Ltd, alleged that |
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the owner of whirlpool had maliciously published false statements about |
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2Clix's software, with the intent of damaging their business. |
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|
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A number of EFA members contacted us to express their concern over the |
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lawsuit. |
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|
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EFA made contact with Whirlpool and offered them whatever assistance we |
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could provide. EFA also issued a press release |
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(http://www.efa.org.au/Publish/PR070912.html) condemning the lawsuit, |
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which created a considerable amount of media attention. I was |
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interviewed by a number of journalists, including from Channel 7, who we |
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understand are preparing a feature article on the lawsuit. |
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|
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EFA contacted a number of legal practitioners that we have existing |
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relationships with, with a view to finding pro-bono representation for |
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Whirlpool. We received an encouraging response, but thankfully this |
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proved to be unnecessary. |
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|
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The overwhelming public backlash against 2Clix caused them to back-flip |
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and announce that they would abandon the lawsuit. EFA issued a press |
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release (http://www.efa.org.au/Publish/PR070919.html) welcoming this |
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news. Although the paperwork to end the legal action has not yet been |
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filed, 2Clix's solicitors have confirmed to Whirlpool that they are |
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instructed to discontinue the action. This is a true victory for people |
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power. |
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|
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Whirlpool is not alone in this type of fight. EFA knows of at least |
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three other cases currently before the courts in which operators of |
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discussion forums have been sued (for defamation, leaking confidential |
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documents, and racial vilification) because of what third parties have |
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posted on their forums. These actions are an attack on free speech, and |
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on the infrastructure that permits members of the public to speak. |
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|
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Adverse results in these cases threatens the provision of discussion |
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sites such as Whirlpool. Yet, the majority of these sites do not have |
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100,000 members to support them, or to make donations towards their |
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legal costs. EFA plays a vital role in assisting people in this |
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situation by attempting to find them pro-bono legal representation, and |
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providing other assistance. |
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|
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We rely on your membership fees and donations to perform this vital |
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work. |
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In closing, I have established a personal blog at |
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http://defendingscoundrels.com/ - the topics that I blog about may be of |
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interest to many of you. |
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We're proud to keep fighting the good fight on your behalf, and we |
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appreciate your words of thanks. |
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|
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Dale Clapperton |
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EFA Chairperson |
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----- End forwarded message ----- |
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|
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-- |
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Ivan Lazar Miljenovic |
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Ivan.Miljenovic@×××××.com |