[nsp-sec] WikiLeaks Exposes Australian Web Blacklist

[SURFcert - Peter]

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Zane Jarvis wrote on 24-3-2009 0:55:

> My understand of the list and the sites listed is that a complaint is made
> to ACMA (Australian Communications and Media Authority). Upon receipt of the
> complaint, ACMA investigates the site or other material and verifies it is
> prohibited under Australian Law. If it is, it is added to the list. 

Who investigates the site? And if only a comitte or the police
investigates who decides on the punishment? I would expect a judge would
have to decide on that. This is the reason such a list was discarded in
The Netherlands. To have a legal ground for such a list a judge would
have to decide (in open court) on whether the site or information was
legal or illegal according to Dutch law. A police officer has no
jurisdiction on this.

P.S.: I am no lawyer but this was in short what was explaned to me by
somebody with a bit more legal knowledge.

- --
Peter Peters
SURFcert Officer on Duty
cert at surfnet.nl                            http://cert.surfnet.nl/
office-hours: +31 302 305 305    emergency (24/7): +31 622 923 564
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