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Australian government agencies are bypassing the use of powers to block websites, and instead ore using ‘informal’ methods with telcos and internet providers.
Rather than using a controversial power granted under section 313(3) of the Telecommunications Act 1997, which allows them to request that internet service providers to block specific websites, government agencies are instead informally requesting website blocks.
As part of the Telecommunications Act, agencies using the power are encouraged to report block requests to a central register that was developed to avoid an over blocking incident in 2013 that saw 250,000 legitimate websites blocked.
The power ensures that telcos and service providers are required to comply and assist government agencies.
The guidelines of section 313(3) say that “carriers and carriage service providers, in connection with their operation of telecommunications networks and facilities or the supply of carriage services, [are required to] give officers and authorities of the Commonwealth, states and territories such help as is reasonably necessary to:
Whilst using informal methods means that government agencies do not have said enforceable sway over telcos and providers, it means that whilst reporting is voluntary anyway, they are not obliged to report the block or follow the guidelines required to use the power, such as obtaining authority from the agency head or senior member.
An over blocking incident like the one in 2013 has not occurred since, but an accurate register of all block requests has also not been achieved.
Alongside the use of informal methods to block websites, with the Telecommunications Act power having voluntary reporting, the register is incomplete and inaccurate.
“Failure to report to the ACMA on the use of section 313(3) of the Telecommunications Act is not illegal," said a ACMA spokesperson, who said that reporting is “good practice”, but not legally required.
Mark Gregory, electrical and computer engineering associate professor for RMIT said that informal takedowns are concerning, and that it is of upmost importance that agencies disclose any blocking requests.
“There have been a very large number of takedown notices issued and the number of informal requests is expected to be similar or larger, now that government agencies and other organisations have adopted this practice,” Gregory said in a statement presented to iTNews.
“Secrecy, when used by government, its agencies and other authorized organisations, is a matter of public concern and can be used to undermine democracy and free speech."
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