Over the top and out the window

Moral Panic

Moral panic has reached new, Orwellian heights in Oz, with a 60 year old Maroochydore man charged over republishing a video link showing a man swinging a baby around by the arms.

The controversial three-minute video had already been published widely across the internet and shown on American TV news shows. The clip can still be found online today.

The baby is laughing and smiling at the end of the clip, but the video has attracted criticism from child-welfare advocates because of how vigorously the man swings the baby by its arms.

Will those downloading and /or republishing pics of the deceased Steve Irwin dangling his baby round the maws of an Australia zoo crocodile or Michael Jackson holding a baby over a balcony experience similar visits from the boys in blue?

Meanwhile, parts of Wikipedia have been blacklisted by a British online child pornography watchdog, [IWF] causing almost every internet user in Britain to be blocked from contributing to the site anonymously. Colin Jacobs illustrates how this is ‘a perfect snapshot of things to come in Australia if the cleanfeed is introduced here’.

The Internet Watch Foundation is an unelected self-regulated body which operates as a charity in the UK.

Conroy has stated that Australia will be filtering the IWF blacklist.

And in NSW, an internet cartoon showing characters modelled on Bart, Lisa and Maggie Simpson engaging in sex acts, is child pornography, a judge has ruled in a landmark case. The judge concluded

a fictional cartoon character is a “person” within the meaning of Commonwealth and NSW laws.

Justice Adams said the legislation’s main purpose was to combat the direct sexual exploitation and abuse of children that occurs where offensive images of real children are made.

But, he said, it was also calculated to deter production of other material, including cartoons, which “can fuel demand for material that does involve the abuse of children”.

If one accepts that the cartoons were of real ‘people’ and there is no valid artistic defence in this case, the judgment appears to be supported by existing Commonwealth legislation which proscribes

(a) material that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:

(i) is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or

(ii) is in the presence of a person who is engaged in, or appears to be engaged in, a sexual pose or sexual activity;

and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive;

The Explanatory Memorandum to the Act goes further:

…”depictions”… is intended to cover all visual images, both still and motion, including representations of children, such as cartoons or animation. … “descriptions” … is intended to cover all word-based material, such as written text, spoken words and songs.

In dissension, Greg Barns, a specialist barrister in criminal and human rights law, said

the decision showed that the laws surrounding child pornography were too broad if cartoons could be classified as child pornography.

Tacky ripoff, or child porn? would the cartoon offend a ‘reasonable person’? Haven’t seen it, so we can’t say. Still, prohibiting cartoons which might possibly incite another Thoughtcrime seems a bit over the top.

While all exploitation of children is to be deplored, news stories about the world’s most horrificly obscene and prevalent forms of child abuse – starvation and malnutrition – are given scant exposure. Is this because these travesties tend to happen in Africa and don’t count or because US food and shipping companies and their political minions are exempt from moral opprobrium?

U.S. farm and shipping lobbyists have stifled efforts to simplify aid deliveries, leaving Africans to starve when they might have been saved, said Andrew Natsios, a professor at Georgetown University in Washington who led USAID, the Agency for International Development, from 2001 to 2006.

“No one can take the high moral ground against it, so they hide behind closed doors and kill it,” he said. “It’s all done behind the scenes.”

The number of the world’s hungry will grow from about 967 million this year to 1 billion in 2009, predicts Olivier E. De Schutter, a professor of human rights at the University of Louvain in Belgium and an adviser to the UN on the right to food.

One ingredient in this recipe for famine, U.S. food aid, differs from policies of the European Union and Canada, which buy food near where it is to be used. The U.S. program serves domestic interests more than the world’s needy, said Gawain Kripke, a senior policy adviser at Oxfam America, a Boston-based affiliate of the aid group Oxfam International.

According to UNICEF

Each year malnutrition is implicated in about 40% of the 11 million deaths of children under five in developing countries, and lack of immediate and exclusive breastfeeding in infancy causes an additional 1.5 million of these deaths. However, contrary to popular belief, only a fraction of these children die from starvation in catastrophic circumstances such as famine or war. In the majority of cases, the lethal hand of malnutrition and poor breastfeeding practices is far more subtle: they cripple children’s growth, render them susceptible to disease, dull their intellects, diminish their motivation, and sap their productivity.

A Chorus of Logical Discontent

Clive Hamilton stirred an orchestra of disdain this week at Crikey with an amazing flakey rant, bragging about his fathering of Conroy’s proposed net censorship bastard. Such a polyphony of fallacious sour notes is peculiar from a Professor of Ethics with University maths training who regrets not studying philosophy, as Jon Seymour reveals in the foot of his superb dissection of Clive’s fuzzy thinking – and it shows.

Again in contrast, many of the comments following Clive’s disastrous diatribe, Colin Jacob from the EFA’s excellent article and Stilgherrian’s wittily scathing remonstrations, display cogent, honest reasoning.

For a very readable overview of the Australian net censorship issue, Raena Lea-Shannon’s piece “Conroy’s Web” is highly recommended. In the UK, Conroy is shamed as well, with the Guardian publishing a feature on Australia’s past and present antipodean obsessions with censorship.

And last but by no means least, Matthew Thompson over at ABC Unleashed makes the Fringe’s annoyance with the shallow populist prudery and technological blinkerdom of Rudd and team seem positively milquetoast.

Is debate between moral absolutism and moral relativism a red herring when the primary criticism of Conroy’s scheming is its technical unfeasibility? or should we watch carefully regardless, since as Oz moves toward a republic, tussles between cognitivists, noncognitivists and other philosophical camps will be germane to the formation (or not) of an Australian Bill of Rights.

NB To follow up – current HREOC Discussion paper and Louis Brandeis’ famous judgment.

Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. . . . Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

TWITFLASH!

@michaelmeloni
Clive Hamilton responds ( http://is.gd/8Drp ) to Jon Seymour’s article on STotC ( http://is.gd/8xz8 ) #nocleanfeed

MORE NEWS

Glenn Milne weighs into the debate, examining some of the unintended consequences of existing net filters.

Jon Seymour has now rejoindered to Hamilton’s response to him, aptly pointing out the false dichotomy presented in Clive’s ‘argument’ and maintaining “unless Clive admits he made a mistake and that his dichotomy was actually false, the charge of intellectual dishonesty still stands”.

Mark Newton comments on the impact of filters on net speeds.

Somebody Think of the Children notes that Logipik, a php image filter, interprets pictures of Conroy as porn.

More comment on the unworkability and undesirability of Conroy’s net filters from internet security expert, James Turner.

NEWS UPDATE

Senator Nick Minchin encapsulates the current debate on net censorship (Fringe can’t believe she’s commending a Lib for principled common sense – are they returning to their ‘liberal’ origins?):

“The Opposition firmly believes that adult supervision, supported by optional user-end filters, effective law enforcement and education should be front and centre of any efforts to keep children safe online,” he said.

“In relation to criminal conduct online, our nation’s law enforcement bodies must be adequately resourced to monitor and investigate unlawful activity.

“There is no technical substitute for appropriate adult supervision when it comes to keeping our children safe online and most parents and teachers take that responsibility very seriously and any suggestions to the contrary are patronising and offensive,” Senator Minchin said.

“Labor’s plan to implement a mandatory Internet filter at ISP level has been roundly attacked with valid concerns raised about its likely effectiveness, the adverse impact it would have on Internet speeds and performance and also the precise nature of the content the Government plans to filter.

“The Communications Minister Stephen Conroy has further fuelled concerns with his talk of filtering not only illegal content, but also unwanted and inappropriate content. This policy proposal is also causing Australia embarrassment internationally, with comparisons to the world’s most repressive regimes,” Senator Minchin said.

“The Internet interprets censorship as damage and routes around it.” – John Gilmore

UPDATE 30 Nov

Chris Berg from the Institute of Public Affairs points out the obvious:

There is a certain element of Australian political culture that sees censorship and banning as the panacea to almost every social and policy question. But wowserism dressed up in concerned rhetoric about the sanctity of childhood is still wowserism.

UPDATE 1 Dec

Even children’s welfare groups see the filter is deeply flawed.

@KevinRuddPM Tweetwatch Cockatoo

Our Kevvie’s recent incoming and associated twitbites make for fun reading … here’s some favs to date – the characteristic laconic, down-to-earth verging on shameless Aussie lingo is alive and twittering.

rogers: @KevinRuddPM Frosty handshake? Why didn’t you sock that arsehole in the guts…?

hortovanyi: @fang mate, I’m always well behaved on here .. the only person I’m not sure about is @KevinRuddPM

grodscorp: @KevinRuddPM Would’ve thought you wouldn’t need to do dishes at White House dinner, Kevvie.

ninjamoeba: I love @KevinRuddPM ‘s bio: “PM.” Surprisingly succinct.

After Kev’s first, very muted, ‘vpod’ offering:

jimbiosis: @KevinRuddPM Sir, “growing the cake” is a mixed metaphor.

owenhodda: What is this vpod @KevinRuddPM speaks of? I am not down with the cool kid lingo

jamesfehon: @KevinRuddPM you mean a vlog?

lenier: @KevinRuddPM Re: “vpod”. You may have developed a term where many already exist. Welcome to Web 2.0! You’re fitting right in.

chrissylvester: just watched @KevinRuddPM’s vpod about the G20 and wanted to let you know he wished we’d sent @TurnbullMalcolm instead – chrissylvester team

Several commentators express concern about correct twitgrammar:

calvinccc: @KevinRuddPM My first thought was: wow the PM’s twittering in the 3rd person

danupoyner: Shock! @KevinRuddPM has changed from 1st to 3rd person. I like to think that it is actually still Kevin, just talking in 3rd person 🙂

iusebiro: am pretty disappointed that @kevinruddpm isn’t even pretending that it’s my beloved KevOhSev tweeting 🙁

cinema_monster: do you think @KevinRuddPM is actually the one updating his twitter? i’m kind of getting the image of my dad trying to work the dvd remote…

Digs at Conroy’s profoundly idiotic attempts to censor the Australian internet:

alexrzem: @KevinRuddPM That’s nice that you recorded a message for us. But how do you know that in the future it wouldn’t be blocked by your Firewall?

SilkCharm: @KevinRuddPm Hi Kev, thanks for your video G20 email http://twurl.nl/hon8lp – Please enjoy our #nocleanfeed video http://twurl.nl/06dsl3 🙂

Other tweets are disappointed with Kev’s autistic twitter demeanour, particularly in comparison to the more experienced twitterer @TurnbullMalcolm:

Mediamum: Gee, @KevinRuddPM has over 2000 followers and hasn’t had a conversation with anyone yet! FAIL

perkler: @KevinRuddPM just emailed me to say he looked forward to ‘our continuing dialogue’. I didn’t know we were having one. I got the email tho

jedwhite: @TurnbullMalcolm Great to see your genuine engagement through twitter. Very positive contrast to @KevinRuddPM. Hope u r finding useful.

@KevinRuddPM is now Number 8 on the Aussietwit list, yet it seems some followers are dissillusioned.

a_lil_spaz: The novelty has worn off now. Defollowing @KevinRuddPM & others people of political note. Sick of big shots not using Twitter appropriately.

caitabee: @KevinRuddPM I just unfollowed you. Fuck yes.

TWITFLASH!

We have liftoff! @KevinRuddPM is responding – and the cat is cool 🙂

Prevent the Victoriana epidemic

ConroydomsThe drift of the ALP to the right during Howard’s reign was palpable and now, nearly a year after the ALP winning the last federal election, Christian fundamentalism has inserted its cloying puritanical payload firmly into the Oz body politic. With the Family Fist joyously inserted into its nether regions, whilst ignoring the admonishments of savvy internet doctors and pleas of free speech advocates, the ALP Government is exposing Australia to the risk of serious infection by the sinister Victoriana bacillus. Minister for Broadband, Communication and the Digital Economy, Stephen Conroy, exhibiting the most florid symptoms of technological denial and prudery, is refusing to backtrack on his seriously flawed bleatings that other western democracies employ internet condoms similar to the pricked sheath he proposes. In fact, Conroy’s proposed internet censorship regime is shared only by such human rights champions as China, North Korea, Iran and Saudi Arabia.

Conroy is avoiding the question of exactly what ‘unwanted material’ he’s hoping to block from dainty Australians’ minds, whilst attacking and attempting to gag learned critics of his plans. Is this the thin edge of a totalitarian wedge which Conroy, along with the sexually repressed, intolerant religious right, is pushing?

Paws off, ConroyThe Government needs the support of the Greens and Opposition to ram net censorship legislation through, so they are unlikely at present to succeed. However, Conroy is still signalling the commencement of censorship trials from December 24 and has called for expressions of interest from ISPs. Quite possibly the Government has another agenda – their attack on the internet, being pre-doomed to technological failure, may still prove a successful tactic in obtaining the support of Senators Xenophon and Fielding for other Government bills.

What to do? prevention of a nauseating epidemic of Victoriana is better and less costly than cure. There’s an online petition at Computer World worth signing. Folks can also contact Conroy direct here.

Sneaking over the Great Firewall

Amazingly, the vigilant Chinese authorities have not blocked Beyond The Fringe, according to the three location test at Website Pulse. Not so at the Great Firewall of China test, where every site I tried on several servers besides this one was blocked. [NB Now clear on this test]. You can also use this test.

Beyond The Fringe is also listed on Google China – four pages of references isn’t too bad considering the site hasn’t been up for too long in its present form and location.

It must be time to write something pointedly critical about human rights abuses and censorship in China, besides one’s usual diatribes about Chinese purchases at bargain basement prices of Asstralian resources.