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Mandatory ISP filter due mid-2011

Mandatory ISP filtering legislation will be introduced around the middle of 2010, after which there will be a one year period to implement and activate the filtering technology.
Written by Liam Tung, Contributing Writer

Mandatory ISP filtering legislation will be introduced around the middle of 2010, after which there will be a one year period to implement and activate the filtering technology.

The Federal Government today announced it will introduce amendments to the Broadcasting Services Act, which will by 2011 require all ISPs to block refused classification-rated material hosted on overseas servers.

As part of the new legislation, the government intends to explore what additional process could be implemented around how websites are added to the government's "Refused Classification" (RC) list.

Minister for Communications Stephen Conroy today released a "="" class="c-regularLink" rel="noopener nofollow">discussion paper seeking stakeholder feedback on how the new list should be overseen and by which agency.

"The government will immediately undertake public consultation with the release today of a discussion paper on additional measures to improve the accountability and transparency of processes that lead to RC-rated material being placed on the RC Content list," Conroy said.

It appears though that the government has already decided how the RC list will be generated, indicating it would be compiled via "public complaints mechanism". It is not clear yet what this mechanism is. Other sources for the new RC list would include known URLs shared between international agencies.

The obvious contender for the new RC list's oversight is the Australian Communications and Media Authority (ACMA), which manages a list of locally hosted illegal content, and issues so-called "take-down" notices to local operators.

Options Conroy said would be considered included appeal mechanisms, notification to website owners of RC content and the review by an independent expert and report to the Parliament.

While it's still uncertain whether ACMA will be appointed to the role, Conroy today flagged that the agency would be allocated extra funds to boost the security of the RC Content list. It also intends to send automated updates to the ISPs.

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