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A Pragmatic Proposal: ISP Filters

By Nick Hodge | November 14, 2008

Dear Australian Federal Politicians

re: Australian ISP Internet Filters

As a parent, a technology industry veteran and citizen who works via the Internet, I feel it is my duty to provide a pragmatic perspective on the Federal Government’s proposed plans to adopt Mandatory Filtering of Australian Internet Service Providers (ISPs) for the benefit of Child Safety.

Current statements from Senator Conroy highlight the need to protect Australian Children from undesirable corners and content found the Internet. This is a worthy ideal, but Senator Conroy's proposed solutions go nowhere near far enough to truly keep our children safe. Any half-hearted attempt at filtering exposes the Government to legal liability and voter discontent when their kids see any undesirable material that will fall through the cracks of a pure technology-based solution.

The blocking of internationally recognised child p-rn sites; and additionally adding warning bells to people accessing these sites is a must. Whilst the need for security, and the sequestering of these sites for criminal investigations is understandable - to counter claims of "censorship by stealth", these sites should be reviewed by an Ombudsman on a regular basis.

The current rhetoric from the pro-filter lobby purposely associates children online with reprehensible child p-rn. I seriously doubt that children are going to purposely or not stumble on child p-rn. Rather, undesirable people will find children in the "clean" internet. This online safety aspect requires more than 1,000 or 1,000,000 sites on a filter list: it requires strong policing, parenting and school education: just as road safety is taught. Connecting two disparate and highly emotive issues obfuscates and politicizes the real need of parents.

However, the call for "undesirable" sites to be censored does cause alarm. "Undesirable" is an emotive, and very subjective definition for each parent and family: based on their own moral, religious, cultural, ethnic and many other highly personal considerations. 

Today, Education Departments provide Children-safe Internet access. This is treated much the same way as Kids-safe playgrounds and excursions: The legal principle of In-loco Parentis applies. To implement a Kid-safe filter of any less quality for kids at home seems counter productive. Experts in the field of internet-based education also note that these filters are very disrupting and significantly slow down access to the Internet: but it is a cost that is born out of necessity.

By having a laudible goal of implementing an Opt-out, completely filtered truly Kids-safe Internet, the unitended impact to Australian business and the economy will great. Therefore, filters should be Opt-in for ISPs and Consumers.

Both a "Kid-safe Internet" needs to be created as an Opt-in for Home access; backed by a strong education campaign from the Government to Parents, and a standard speed Filter-free Internet for the Australian Economy. 

Also, a "Kid-safe Internet" is much more than just what can be seen or read: there must be a code of conduct for advertising, safe social communities and business when interacting with our Children. For instance, the new phenomena of Cyber-bullying.

Any implementation of Opt-in Filters, Authorities and broad-based education campaigns should also realise that there is no absolute in safety. Just like pools, bicycles and cars: accidents can and will happen. The Internet itself is in constant change: therefore, any management system must be created with continual improvement as a strategic imperative.

My thinking and research on this matter has led me to the following structured recommendations:

Toward A Kid-Safe Internet:

  1. Children must have access to the Internet. It is a fundamental part of our world economy; central to our future as humans in the 21st Century. Ignoring the Internet will seriously disadvantage future Australians from the world economy: similar to neglect teaching mathematics or literacy skills. Simply banning the Internet would be a draconian move that only a luddite minority would advocate. (Recent study on Childhood casual access to the Internet)
  2. The world is a large and potentially dangerous place for young humans. That is why today Governments across the world regulate what/when children can see in movie theatres, read, smoke, drink, engage in sexual activity and drive. Therefore a strong precedent has been set for the Government to equally protect children when using the Internet.
  3. The Internet is unlike other previously invented mediums, modes and technology of communication: highly distributed, uncontrollable, two-way, multi-faceted (for instances: video, text and sound in a myriad of formats). Therefore, a unique administrative mechanism for protecting those who need protection is required. Simply “listing” web sites with movie ratings will not work as will miss other content. A central filter for all internet traffic into and out of Australia is technically not economically nor technically feasible with current computer technology.
  4. Equally, the Government should not be in the business of creating filtering software for all internet connected devices a child has access to. These devices number in their hundreds of millions, across thousands of versions shapes and sizes: PCs, Macs, non-Windows OS PCs, the wide range of internet-able mobile phones, Game stations and Music players. The NetAlert program of the previous Government has shown to have a low installation rate, and also misses the Internet connected mobile phones many children currently posses.
  5. Having Kid-Safe filters at the ISP level seem to be a sound and logical solution.
  6. If the Government initiates the process of protecting our children whilst they are on the Internet, and makes a public promise that "the internet is now safe for our Children": simply relying on existing the existing static list-based systems provided by ACMA as proposed by Senator Conroy the Government will ultimately fail.
  7. Senator Conroy talks of a list of ~1,500 sites, and is testing filters with a listing of 10,000 sites. If you assume 1% of the 1 billion web pages are not suitable for children; Senator Conroy's plans is a few orders of magnitude out to safely restrict indecent sites.
  8. Basing filters purely on HTTP/HTML protocol (that is, just Web browser traffic) will result in a filtering fail as the Internet comprises many protocols. Adding other protocols such as instant messaging (chat rooms), file downloads, sound and video doubles the load on filters for each new protocol added.
  9. Keep Children "safe" on the Internet must be more than just blocking static pages, sites, protocols and streams. True Online Child safety must include Cyber-bullying, Social Community codes of conduct, Inappropriate Advertising (similar to Child TV advertising guidelines) and many other associated issues with a broad, two-way communications system.
  10. Of greater concern is what our kids: either accidently, or on purpose; publish to the internet. With rampant identity theft, and the ability for people to publish video and images to the world: we need to ensure this is addressed by any kid-safe internet.

    My suggested approach:

  11. A new Authority is created; resourced to keep Australian Children Safe Online.
  12. This Authority is commissioned to address all the above issues, using the knowledge that already exists in the community
  13. This Authority has the power to Certify Kid-Safe Internet Filters at both end Device and at ISP level. For the sake of this document, these are named Filter Devices.
  14. This Authority also has the important responsibility to educate and communicate Internet Public Service Advice for Parents.
  15. The Authority own a central policies and procedures to control the Filter Device Certification; and processes of continual management of the Filters. The Authority has the power to Certify and de-Certify Filter Devices installed at any point in Australia. Similar standards exist for toys that show child safety breaches. Parents rely on thse standards, recalls and Authority vigilance to offer a greater level of protection to children.
  16. The Authority would have executive oversight over a distributed Filter Management Body. This body would be crowd-sourced, and be the clearing-house of filters, codes of conduct, industry best practices and connections with local Education departments and law enforcement. 
  17. A central registry of what a Filter Device must clean, and other child-protection guidelines is managed by this management body. This registry may contain proscribed (child p-rn) sites, but to a larger extent all the child-inapproprate material on the internet. This list will be larger than the proposed 10,000.
  18. Additionally, there must be Industry-based codes of conduct for online forums; age verification; phishing and other internet-related communities. This body would could use internet technology for rapid response, voting and sharing best-practise amongst all ISPs.
  19. As much a legally possible, this body of filtering knowledge must be transparent to bona-fide interested parties, and would reflect community "norms" as the information comes from the community.
  20. Every ISP who has a commercial wish to market and sell “Kid-Safe Internet” must comply with the Authorities policies and procedures (ie: Each ISP chooses to Opt-in).
  21. And ISP may only sell a Kid-safe Internet connection if certified by the Authority. This could also apply to Education departments and private school groups where their connection to the internet should also be through a Certified Filter Device.
  22. The knowledge of what is to be filtered/codes of conduct must be collectively shared so smaller, regional based ISPs can provide an equity of protection for rural children. These smaller ISPs will not have equal resources available to their own filter managers.
  23. Parents and others interest parties have an internet-speed mechanism to report and escalate breaches to the Authority; all parties must have transparent access to these reports; and like Wikipedia: a history of decisions made.
  24. The Authority also has the important responsibility to educate Parents and Guardians about the Internet. Parents have personal experience of morals, road rules, social norms, cultural expectations passed to them from their parents. The internet, being extremely new, is alien to today’s parents , and is incorrectly feared. Like in previous times where the Government has provided information on AIDs, currency changes (to decimal) : it also has a responsibility to educate today’s Australian parents on the Internet. The Authority must embark on a campaign to educate Parents as they are the last lines of defence. Parents must also be encouraged to purchase a Kid-safe Internet connection from their choice of ISP.
  25. Parents who are internet-savvy could opt-out of the Kid-safe Internet system; thereby taking the responsibility for the protection of their children, or a range of filters based on a range of classifications could be created. A teenager will not want to view the internet as if they are 6 years old.

    The Cost of Filters

  26. Any reasonable Adult Australian does not want a child-like view of the Internet as described above,
  27. If left Opt-out, the resulting ISP Filtering speed-tax will reduce investment in Australian businesses, and due to the international nature of the internet drive employment and investment offshore.
  28. As the deeper level of filters and codes of conduct as described above are enabled to rightly protect Children; there will be a slowing down of internet response for these filtered users. And just as alcohol, smoking, voting and other rules are relaxed for adults:  the same must apply to internet access.
  29. General ISP connections should therefore be unfiltered, and Opt-in. Turning the internet into a pure-children’s playground will only hamper Australian businesses and governments as they conduct operations in the emerging global Digital age. Businesses do not conduct business in a playground.
  30. The impact of Australia-wide mandatory filters would hurt Australia’s economic future across all sectors of industry. Email traffic, online banking, business to business commerce: will all slow due to mandatory filters.
  31. Other competing economies do not have the same ISP Filtering-speed-tax, and can therefore out-compete Australian businesses.
  32. Therefore, the filters must be Opt-in and kept separate from the grown-up, business internet; but to a deeper level as the Government takes on partial responsibility of In loco parentis

    Vigilance

  33. Apart from child p-rn, there are many other insidious dark corners of the internet that impact all Australians. Nigerian scams, phishing attacks on bank accounts, general spam, cyber bullying: all drain our economy. The Australian Federal Police must be given more experienced and trained officers with strong Internet skills to protect all our citizens by policing those who embark on illegal activities. The Government must address these increasing risks, too. (reference: Online fraudsters 'steal £3.3bn')

The current confusing statements of policy by Senator Conroy strikes me as policy-on-the-run with a dearth of grass-roots (electorate) demand and little to no publicly articulated strategy. Therefore, fear-mongering and ad-hominem attacks from all sides of this argument have arisen. At this stage, it is in Senator Conroy's hands to clearly articulate the strategy outside of pure technical "trials" and emotional and glib "child p-rn" arguments.

The lack of clarity and transparency is of deep concern as it thrusts at the heart of people's desire for the freedom access to information as adults: uncensored and unfiltered.

Now that the Pandora’s box of a Kid-safe Internet is opened, it is in the Government’s hands to do the right thing for our kids without hurting the economy and freedoms we all enjoy. For the sake of Australia's collective future.

Nick Hodge

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Topics: australia, politics | 19 Comments »

19 Responses to “A Pragmatic Proposal: ISP Filters”

  1. Andrew Mitchell Says:
    November 14th, 2008 at 8:23 pm

    Hate to say it but that sounds rather mature and workable.

  2. mike seyfang Says:
    November 15th, 2008 at 9:43 am

    As a parent, an aged technology veteran (with at least one more lap around the paddock than young Nick) and citizen who works via the Internet, I feel it is my duty to ...

    Print this post, sit down over a bowl of cornflakes and work on a considered response to this significant work in progress.

    UncleMike

  3. Nick Hodge Says:
    November 15th, 2008 at 12:14 pm

    @UncleMike

    There needs to be some cool hard logical thought applied at a Policy level; and an Industry solution to defining on what a Kid-Safe Internet is.

    The current comments from Senator Conroy seem to not follow industry best practise.

    Nick

  4. mike seyfang Says:
    November 15th, 2008 at 12:35 pm

    UncleNick,
    I'm with you on the approach - 'If you want to get serious about protecting kids, here is are some things to consider, do and get right'.
    Here we go:
    First, a re-statement of fang's golden rule of internet filters:
    1. any filter can be circumvented
    2. cant blacklist enough sites to make the web safe for kids
    3. cant whitelist enough sites to keep the web useful

    1 & 2 show the FUTILITY of filtering
    3 points the the DANGER of breaking the internet (and the severe consequences for international competitiveness)

    Second,
    The 'default' state of any filtering is not a concession to be traded. There is a world of difference between Opt in and Opt out of mandatory filters at the ISP level. I know you are aware of the difference, but I'm not sure your language is clear/strong enough here (I was confused after first quick on screen reading).

    So,
    Can I suggest you tighten up the language in 14-20 to make it crystal clear that:
    - 14 does not say its OK to filter every citizen's ISP connection by default (you are suggesting that Web Savvy (?Certified - WSC!!) parents can be 'licensed' out of the entire regime of protections you suggest.
    15- 'child-like anaemic view of internet' implies that rule 3 has been violated (and that it is possible to filter content without breaking the internet). Go spend some time at a uni or tafe campus and see how useless the wireless network is for connectivity to and participating in the social web - as exemplified in my recent keynote to tafe edayz08.
    17- indeed - this is a statement of default=unfiltered, filtering=opt-in (which might be mandatory for non-savvy or 'unlicensed' families/educators?)
    18-speed-tax - interesting sound-byte that needs solid definition. speed-tax metaphor holds true if and only if the default for internet connections is unfiltered and is then proportional to the number of people using filtered feeds. If the default for all ISP feeds is filtered then the internet becomes as busted-arse as it is on campus and it's game over for international competitiveness (not because of performance or cost but because its BROKEN).
    19. you bet - see above. We waste a lot of money putting filters at ISP's, the performance hit slows our already abysmal bandwidth, the cool/emerging web practices are BROKEN & only geeks (and kids) can circumvent, many circumvention's will require techniques like tunnelling which add another performance overhead. If internet connectivity is like the shipping lanes of old, we have just turned all our ports into shallow backwaters.
    20. amen - filters must be opt in. don't quite follow your argument for in loco parentis (made me instantly react to my loathing of encroaching nanny-state legislation - deflecting from a so far rational argument).

    Good on ya for having a go at proposing a way forward.
    I just wish the whole thing would go away so we can use the web to build international value in the approaching economic turmoil.
    I remember being in a room with both Conroy and Coonan just before Coonan announced the liberal's 'free filter' fiasco and wishing I could articulate some of this stuff in a way that would prevent all the churn and waste this this stuff has unleashed.

    I think if I had that chance again, with the benefit of hindsight I might suggest something like:

    "senator Conroy, if you want to save face now that you have opened Pandora's box, and you really are serious about protecting children then you must look deeply into the role of technology in any solution (and nick hodge has some good advice there!). Do NOT break the internet for all australians and jeopardize our international standing. And, please, do not be fooled by the snake oil salesmen who say they can sell you technology that will take care of your civic responsibility.

    Fang - Mike Seyfang

  5. Nick Hodge Says:
    November 15th, 2008 at 2:58 pm

    Mike--

    Thanks for the feedback and your brain cycles to read my meanderings.

    After writing this, and reading your comments -- I need to strengthen two things

    - The pandora's box is open, and the more you look inside, the darker and difficult it is to correctly filter.

    - To beef up the filtering, the cost is a slower but relatively safer internet results

    - The cost(s) of this is too great for all Australians bear

    - do some more on the mechanism side

    Nick

  6. Riayn Says:
    November 15th, 2008 at 3:35 pm

    Nick what you have come up with is a sensible, logical and feasible approach to internet filtering. This almost guarantees it to never be implemented by the Government.

  7. Jeremy LeBard Says:
    November 15th, 2008 at 3:49 pm

    I think that the your proposed Authority should be transparent. Externally audited to ensure all link blocking classifications are legal and reasoning behind them clearly outlined.

    Obviously publishing blacklisted links to the public would somewhat defeat the purpose of not advertising them. So it would be best to involve reputable NGOs (multiples) to verify filtering and ISPs to confirm.

    That said, I still don't think the technology required for such filtering at ISP level is well thought out and tested for accuracy and performance. Which means a technology put in place that threatens democracy as well as reduces the ease of access to valid information.

    A possible choking of the Internet's arteries to cure a disease.

  8. Nick Hodge Says:
    November 15th, 2008 at 4:06 pm

    Jeremy--

    Firstly, my argument is that to create an opt-in truly safe internet for kids requires a default no-censorship position for the adults. Not lawless, but as it currently exists.

    Presently, Education Departments (acting In Loco Parentis) heavily filter internet access to their students. We should take the best practices here and provide the opportunity for parents to replicate this at home.

    Of the Govt starts down this process, they will need to "certify" the linkage.

    I agree the Authority, and the codes of conduct/filter list; policies and procedures should be transparent.

    I am attempting to NOT make a technical argument as this is clearly political issue; but we in the No Censorship world may be failing in seeing the bigger picture -- and are not offering a viable alternative

    Nick

  9. Ben Buchanan Says:
    November 15th, 2008 at 7:19 pm

    I'm pretty sure you're suggesting an opt-in system, but the language needs to be a bit clearer on that point.

    My thought is that filtering must be opt-in, first because most of us don't want to be censored; but also because it vastly reduces the resources required to run the system. The subset of people who want it will have slowed internet, everyone else is hopefully unaffected.

    I'm also thinking the opt in needs some sort of graded options. eg. cut down whitelist-only access for young kids (ie. "we'll deal with the walled garden nature of it"); whitelist+filter; blacklist+filter.

    So as kids grow/mature their access can be changed. OR so households with different aged kids can cope - the little ones get lockdown, the teenagers just get the blacklist filter, etc.

    The Conroy on/off model will be a real problem for some households, I'd guess. Younger kids in the house, but teens needing to research their uni assignments, etc.

    It's all a logistical nightmare and still won't make kids "safe" in the way Conroy seems to suggest all the time.

  10. Nick Hodge Says:
    November 15th, 2008 at 8:16 pm

    Ben--

    Yes, I will clear up and tighten the language of Opt-in. Opt-out is going to require a major investment by all ISPs *if* the Government is considering a Filter that approaches something that will actually work.

    the Government will need to match their Filtering to the current best-practise in the industry. There are places where filters are implemented today: some Corpations, all Education Departments and Schools.

    I do not think the Government has sought advice from the experts within these areas on the cost of management of Filters that work.

    The "range" of filters is also an interesting point. Its is more than an on-off style problem.

    Yes, if you really think about it -- The Government has opened a Pandora's Box here.

    If the public expects a totally Kid-safe/Clean Feed as promoted by Senator Conroy, they will be disappointed in the cost.

    Thanks for commenting.

    Nick

  11. Phillip Molly Malone Says:
    November 17th, 2008 at 5:08 pm

    I have had a quick read of this, and from what I see you don't directly address that there is two levels of filters purposed that are filtering for different reasons.

    The child filter which my understanding the government will make opt-out (I didn't read all of Mikes comment either so I don't see the great difference other then if I default starting position. If by opting out I get to the same state as not opting in, no difference to me, yeah?) and the legal filter which won't be opt-out of (and when you think of it, why should it be. I mean I can't choose to opt-out of the .05 alcohol limit if I don't like that).

    I think a lot of people are against the legal filter, which I don't get, but each to there own.

    On the thought of "You can't make it completely clean, so don't do anything", I am not sure that is a good argument. I mean we aren't going to stop all the drugs coming into the country but I think we should make a reasonable effort to stop as much as we can.

    Anyway. Just some thoughts from a partial read. Sorry if you touch on some of the points. I applaud that you are looking at the issue sensibly rather then comparing it to China like a lot of people do. Isn't it funny that those people have a go against the pollies for scare mongering with things like Terrorism but then use the same tactic themselves?

    JMTC
    Molly

  12. Brett Morgan Says:
    November 18th, 2008 at 7:48 pm

    Censorship of mass media made sense when publishing required capital investment to run printing presses, build broadcast base stations, buy cameras, and build recoring studios.

    Censorship of personal communication is viewed as 1984 totalitarian state material and a threat to the proper functioning of democratic state.

    The issue with attempting to censor the internet is that on the 'net there is no difference between mass media publication and personal communication.

    The truth is, this blog has equal standing as wired.com on ability to be viewed, and thus requires an equal level of monitoring. But this site is just you ranting about stuff that matters to you to a bunch of your friends.

    The collapse of this difference between personal commnuication and mass media publication leads to all sorts of insanity. Like 15 year olds being branded child pornographers for sending each other mms's of themselves naked.

    Censorship on the net won't work, and any attempt to do so will just encourage people like myself to code around it. The leaf nodes are re-programmable. The age of being able to control the network by controlling the central nodes is over. That was actually part of the design requirements of the original ARPANET.

    Welcome to the new world.

  13. Tim Says:
    November 19th, 2008 at 1:27 am

    at last a well thought through approach - and that was as you say just a first crack at this.
    I would suggest that if senator conroy ever looks at this he will do one of two things - if he is politically smart he will make some excuse to drop the entire thing. If he is serious about implementing a child safe internet then he will look seriously at this and invest a LOT of money to make this happen - knowing that it wont come into fruition in this governments term.
    My cynical guess is the first option.

  14. Nick Hodge Says:
    November 19th, 2008 at 2:21 pm

    Thanks Molly, Brett and Tim

    This is going to be an interesting ride.

    Am watching and this page will change as I get thoughts. I am a mere citizen

    Nick

  15. Kate Carruthers Says:
    November 20th, 2008 at 5:58 am

    This is a sensible approach & one of which we should all encourage discussion as widely as possible.

  16. Lee Gale Says:
    November 22nd, 2008 at 11:59 am

    Hi Nick,
    Well done on a cohenrent and realistic strategy and documenting that so lay-persons can attempt to understand the shear technological challenge proposed by the government.
    L

  17. The NoCleanFeed List | Man with no Blog Says:
    November 22nd, 2008 at 4:20 pm

    [...] You can contact Senator Conroy’s Office and complain, but really he is not going to change  his mind, best we can hope for is that he alters the proposal or waters it down somewhat. [...]

  18. 2008 in Review | www.nickhodge.com Says:
    December 31st, 2008 at 9:15 am

    [...] some time on the Proposed Australian Filters. I still don’t think that the proposed filters will work, and the Government is missing the point [...]

  19. US Political Blogger in Australia | Sentersoft Blog! Says:
    January 8th, 2009 at 9:25 pm

    [...] A Pragmatic Proposal: ISP Filters [...]

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