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It's mandatory for the ISPs to offer it by default.
by coob 12y ago
It's mandatory for the ISPs to offer it by default.
- mercurial 12y agoThe submission is talking about users, not ISPs, so it doesn't make sense in this context.
- AlyssaRowan 12y ago(Not a lawyer. Lay opinion, not legal advice.) Not actually true. While it is the stated policy of some Government ministers and the PM, there is no primary or secondary legislation forcing ISPs to adopt filtering of any kind (even "Cleanfeed"-style blocking of sites implicated in child pornography on the IWF blocklist, or terrorism): the Government in negotiations strongly stated that if "voluntary" agreements weren't reached by the ISPs, they would make such a law, but this has not come before Parliament. Obviously, such a proposed law would face significant legal and political challenge, were it made, as would any attempt to, via legal or regulatory hurdles, coerce an ISP into participating in this scheme. Any such challenge would have a wealth of data supporting the ineffectiveness, unaccountability, overblocking, and unwantedness of the various filters. Existing case law regarding site blocking of sites accused of the facilitation of copyright infringement are targeted against individual ISPs which already have site blocking infrastructure in place, and explicitly does not address any coercion to fund any such censorship infrastructure, or (if it were mandatory) its legality: it was found to be orderable only on the basis that the respondent ISPs already had the means deployed and available to do it.