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cyberlaw:content [2019/09/16 12:34]
131.181.11.107
cyberlaw:content [2019/10/30 16:36] (current)
nic
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 Only available to the service provider concerned. Only available to the service provider concerned.
 (Who is the  service ​ provider?) (Who is the  service ​ provider?)
 +
 +### The ACMA may replace an industry code of practice with new standards
 +
 +**See [explanation by Nicholas Cooper](https://​www.youtube.com/​watch?​v=F-dqj6B8qUU)**
 +
 +Where relevant industry codes have failed or are not adopted, the ACMA may replace these codes with their own standards. The ACMA's ability to replace an industry code with a standard varies dependent on the legislation that governs that industry.
 +
 +Generally, the ACMA must request that an association representing an industry develop a replacement of a code within 120 days. The ACMA must publish this request in the federal gazette if no association exists within an industry. If the developed code fails in some capacity or no association is formed, the ACMA may replace an industry code with a standard. In some industries, the appropriate Minister may direct the ACMA to establish a standard to replace a code.
  
 ## Internationally Hosted Content ​ (Sch 5) ## Internationally Hosted Content ​ (Sch 5)
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 **Matt Cartwright [Explains](https://​www.youtube.com/​watch?​v=CDxI6-ePEgk) the Recommendations of the Recent [Inquiry Into the Use of s 313](http://​www.aph.gov.au/​Parliamentary_Business/​Committees/​House/​Infrastructure_and_Communications/​Inquiry_into_the_use_of_section_313_of_the_Telecommunications_Act_to_disrupt_the_operation_of_illegal_online_services)** ​ **Matt Cartwright [Explains](https://​www.youtube.com/​watch?​v=CDxI6-ePEgk) the Recommendations of the Recent [Inquiry Into the Use of s 313](http://​www.aph.gov.au/​Parliamentary_Business/​Committees/​House/​Infrastructure_and_Communications/​Inquiry_into_the_use_of_section_313_of_the_Telecommunications_Act_to_disrupt_the_operation_of_illegal_online_services)** ​
 +
 +## Image-based abuse
 +
 +**Video overview of [image-based abuse laws](https://​www.youtube.com/​watch?​v=IW17HxwdP-Q) by Danielle Harris**
 +
 +The non-consensual sharing of intimate images is often colloquially referred to as '​revenge porn'. The term '​image-based abuse' is generally considered to be a more accurate term that avoids the victim-blaming connotations of '​revenge porn'.
 +
 +The National Statement of Principles Relating to the Criminalisation of the Non-consensual Sharing of Intimate Images encouraged each Australian jurisdiction to adopt nationally consistent criminal offences. ​
 +
 +The Commonwealth has inserted a new criminal offence which prohibits the posting, or threatening to post, non-consensual intimate images.((Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Act 2018 (Cth) sch 2 s 4; Criminal Code Act 1995 (Cth) s 474.17A.)) It also introduced a complaints-based system whereby the eSafety Commissioner may issue a removal notice or another civil remedy upon receipt of a victim’s complaint.((Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Act 2018 (Cth) sch 1 s 24; Enhancing Online Safety Act 2015 (Cth) ss 19A, 27, 44D–44F.))
 +
 +Queensland extended the definition of ‘intimate’ images to include original or photoshopped still or moving images of a person engaged in intimate sexual activity; a person'​s bare genital or anal region; or a female, transgender or intersex person'​s breasts.((Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Bill 2018 (Qld) s 4; Criminal Code Act 1899 (Qld) s 207A.)) ​
 +
 +The State also introduced three new misdemeanours into their Criminal Code[6] to broaden the scope of conduct which is captured under the offence. These include distributing intimate images,​((Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Bill 2018 (Qld) s 5; Criminal Code Act 1899 (Qld) s 223.)) observing or recording breaches of privacy,​((Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Bill 2018 (Qld) s 6; Criminal Code Act 1899 (Qld) s 227A.)) and distributing prohibited visual recordings.((Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Bill 2018 (Qld) s 7; Criminal Code Act 1899 (Qld) s 227B.))
  
 ## The Office of the e-Safety Commissioner ## The Office of the e-Safety Commissioner
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 For each type of material an online form can be completed on the eSafety website. Each form requests information regarding what is contained or depicted in the material and where the material has been posted. After receiving a complaint, the Commissioner assesses the material complained of to determine the appropriate course of action, which may include liaising with the relevant platform for the material to be removed. For each type of material an online form can be completed on the eSafety website. Each form requests information regarding what is contained or depicted in the material and where the material has been posted. After receiving a complaint, the Commissioner assesses the material complained of to determine the appropriate course of action, which may include liaising with the relevant platform for the material to be removed.
  
-## Mandatory ISP filtering+## Abhorrent Violent Material 
 + 
 +**See overview by Georgie Vine about the [Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019](https://​www.youtube.com/​watch?​v=a8qDarI5mCM)** 
 + 
 +The _[Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019](https://​www.legislation.gov.au/​Details/​C2019A00038)_ creates new offences under the Criminal Code, effective from 6 April 2019. These new provisions require social media websites and other platforms to remove abhorrent violent material as soon as reasonably possible, and to refer it to the Australian Federal Police. These offences target content that is reasonably capable of being accessed with Australia, regardless of where the platform operator is located. The offences include substantial penalties if individuals and companies do not remove or report such classified material: fines up to 10% of annual global turnover for companies, and up to 3 years imprisonment for individuals.  
 + 
 +There are a few defences to the new offences, including material distributed by journalists;​ material used for scientific, medical, academic or historical research; and the exhibition of artistic works. 
 + 
 +## Other emerging issues 
 + 
 +### Deepfakes 
 +   
 +**See [an explanation of deepfakes](https://​youtu.be/​cLHdOJr7v5w) by Eric Briese** 
 + 
 +A deepfake is a technique of video manipulation where artificial intelligence and deep learning is leveraged to modify the appearance of a person in a video to appear as someone else. While fake and edited videos are nothing new, this recent phenomenon has caused concern due to the ease and accessibility of their creation. 
 + 
 +The concerns surrounding deep fakes stem from their ability to be used for all sorts of bad reason such as false evidence, blackmail, or for personal attacks. The potential harm that deepfakes can cause is also magnified due to the widespread use of the internet in our increasingly online interconnected world. 
 + 
 +Deepfakes aren't explicitly illegal but depending on how they are used they may be captured under other laws. For instance, creating and spreading deepfake pornography is illegal under section 223 of the criminal code in Queensland. 
 + 
 +Regulating deepfakes is a difficult challenge. One possibility to combat deepfakes is to create algorithms which leverage the same deep learning technology to automatically detect deepfakes, but this is not perfect. Companies are working towards finding viable solutions like by releasing collections of deepfakes to help researches and experts study this new phenomenon.
  
  
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