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cyberlaw:filtering [2018/11/23 01:00]
100.33.241.153
cyberlaw:filtering [2019/01/17 16:26] (current)
witta
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 Sometimes this is done by explicit statutory schemes; other times, ISPs may be pressured to block access to certain sites by law enforcement or other members of the executive branches of government. Sometimes this is done by explicit statutory schemes; other times, ISPs may be pressured to block access to certain sites by law enforcement or other members of the executive branches of government.
  
-## Section 313+## Section 313 of the of the Telecommunications Act 1997 (Cth)
  
-**Kaava Watson ​explains s 313** +**Video Overview by Kaava Watson:​[Section ​313](https://​www.youtube.com/watch?v=DgSMz2GRVB4)**
-{{youtube>​DgSMz2GRVB4?small}}+
  
 In Australia, several different forms of pressure have been exercised in recent years to encourage intermediaries to take action to police the actions of their users. The most blunt is direct action by law enforcement agencies, who are empowered to make requests of telecommunications providers under s 313 of the Telecommunications Act.  This provision requires carriers and carriage service providers to "do the carrier'​s best or the provider'​s best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States and Territories",​ and to  In Australia, several different forms of pressure have been exercised in recent years to encourage intermediaries to take action to police the actions of their users. The most blunt is direct action by law enforcement agencies, who are empowered to make requests of telecommunications providers under s 313 of the Telecommunications Act.  This provision requires carriers and carriage service providers to "do the carrier'​s best or the provider'​s best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States and Territories",​ and to 
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-**Student video topic** +**Extracts from s 115A:**
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-**Extracts from s115A:**+
  
 (1)  The Federal Court of Australia may, on application by the owner of a copyright, grant an injunction referred to in subsection (2) if the Court is satisfied that: (1)  The Federal Court of Australia may, on application by the owner of a copyright, grant an injunction referred to in subsection (2) if the Court is satisfied that:
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   * (a)  the flagrancy of the infringement,​ or the flagrancy of the facilitation of the infringement,​ as referred to in paragraph (1)(c);   * (a)  the flagrancy of the infringement,​ or the flagrancy of the facilitation of the infringement,​ as referred to in paragraph (1)(c);
   * (b)  whether the online location makes available or contains directories,​ indexes or categories of the means to infringe, or facilitate an infringement of, copyright;   * (b)  whether the online location makes available or contains directories,​ indexes or categories of the means to infringe, or facilitate an infringement of, copyright;
-  * ( c)  whether the owner or operator of the online location demonstrates a disregard for copyright generally;+  * (c)  whether the owner or operator of the online location demonstrates a disregard for copyright generally;
   * (d)  whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement;​   * (d)  whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement;​
   * (e)  whether disabling access to the online location is a proportionate response in the circumstances;​   * (e)  whether disabling access to the online location is a proportionate response in the circumstances;​
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