How to defeat internet censorship

by Danu on November 14, 2008

in Australian, How-To, Net Censorship, Soapbox, Technology

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Listen up folks, it looks like the fight is on. The Government is persisting with its plans to introduce compulsory internet censorship in Australia. It's bad policy. It's a waste of money, it won't work and there are better alternatives. Not to mention the threat to free speech. But let's be absolutely clear:

If you think we will defeat internet filtering just by being right or just because the facts are on our side - think again. This is politics. If we don't get properly organised with a clear and consistent message that reaches the people who need to hear it - we WILL lose.

Stop calling it the 'clean feed'!

To defeat internet filtering, you have to think politically. First off - stop referring to it as the 'clean feed'. That's what the Government calls it. You know why they call their idea the clean feed? Because it makes people think the internet is dirty. Everyone knows the internet is full of porn, right? A clean feed? Sounds like a good idea to me!

Yes, I know that's rubbish and so do you. But we're not the ones who need to be convinced that internet censorship is a bad idea. Call it what it is - censorship. There are still people who think censorship is a good idea, but there are lot of people who don't know much about the internet and might be worried about it, but who are against censorship. We just gave them a reason to listen to us.

It's not about freedom of speech!

You want to know how to lose this fight? Make it about freedom of speech.

I care about freedom of speech and net neutrality as much as you do, but we're not the ones who need to be convinced that internet censorship is a bad idea. To people who think censorship is a good idea, people like us are a bunch of mad raving lefties who think everyone should be exposed to child pornography and bestiality. That is how we will be painted if we let them, and IT WILL WORK. There are more of them than us.

This is not America. There is no constitutional right to free speech in Australia. The supporters will ask what's wrong with censorship? We censor movies, TV shows and video games and nobody complains - except those raving lefties of course but they would have us all playing Grand Theft Auto wouldn't they.

Don't make it about free speech. There are so many other things about internet censorship that make it easy to tear down. Free speech should be a closing argument, not the opening salvo.

Don't be smug

I can't say it any better than this guy does. Don't be smug and assume anyone who can't obviously see what a bad idea internet censorship is must be a rabid right-wing Christian fundamentalist, an idiot, or both. They may well be, or they may just be uninformed. Do you think calling people who are uninformed 'idiots' is going to endear them to your cause?

Many, many people think computers and technology are scary. They resent the digital world and how much it has encroached on their life. They resent that other people seem to know much more about it than they do, including their children. They want to protect their children. And because of that you're calling them an idiot? Fail.

Educate. Explain. Do it again and again no matter how boring it gets. Be patient, compassionate, and firm. You will appear knowledgeable and reassuring.

Burden of proof

The Government has said it's going to do this. At the moment, the burden of proof is on those who oppose it to make it clear WHY we oppose it. To those who support it or are undecided, at the moment we sound like smug, self-satisfied know-it-alls who like being superior in the world of the internet and are whinging at the thought of having someone take all our fun away. In the 'real world', it's obvious that a 'clean feed' is a good idea.

Doesn't it make you sick? It makes me angry. It makes me angrier when I see smart and caring people play right into their hands by getting hysterical about it all and making all the mistakes I've just mentioned.

We have the advantage of being right, and the facts are on our side. But that is only an advantage. It doesn't seal the deal. We have to get organised and put the burden of proof back on the Government and its supporters to explain why their plan is not an expensive and useless piece of populist junk.

How to win

I think there are four battle fronts we should be fighting on. Here they are in order.

1 - Why we don't need compulsory internet censorship

We need to talk to those who don't know much about the issue. We need to make it clear we care about a safe browsing experience, and that's why we think the Government's plan is a bad idea. It will do nothing to improve safety on the internet, there is a risk it could threaten safety and it will waste money that could be put to better use.

The Government can't make the internet completely safe, even if it wanted to. The best solution is to get street smart. Let's explain how to do that, what you need to know, what tools you can use and where you can go for more information.

By doing this, we are being mature, caring and helpful. Hard to paint that as hysterical. The Government will have to explain why its idea is better. Good luck with that.

We should use a campaign body to do this, set up a website, have a spokesperson and do interviews with media outlets, buy advertising and direct mail.

2 - Attack the Govt's proposal on technical grounds

The Government says it wants to make the internet safer. Will its plan actually succeed in doing this? Let's explain the many, many technical reasons why it won't in clear, concise talking points that invite people to argue the facts and which puts the burden of proof back on the Government to support its plan.

Mark Newton's 8-point list is a good place to start. Then, use these talking points to reiterate support Point 1 about how to enjoy a safe browsing experience.

3 - Attack the Govt's proposal on economic grounds

The Government has pledged to spend $125.8 million on the Cyber-Safety Plan. Not all of it will be spent on censoring the internet and some if it will likely be money well spent. But $40-odd million of public money to censor the internet is a lot of money for something that won't work. What would be a better use of that money?

Censoring the internet will cost ISPs money, especially dealing with confused/angry customers and chasing up false positives. That cost will be passed onto consumers and businesses. Censorship will slow the performance of the internet, which will hamper our progress in the global digital economy. The country will pay a big price for an idea that doesn't work to begin with.

Again, we need to avoid appearing hysterical and put the burden of proof back on the Government to explain why it wants to spend so much money on this even though it won't work and it has already been tried and dropped by the previous Government.

4 - It's un-Australian

Calling something un-Australian is a favourite weapon of the conservatives in the culture wars. Let's use it against the Government and supporters of censorship here.

Is Australia really a nanny state? Aren't we grown up enough to handle our day-to-day lives without the bureaucrats sticking their noses in and telling us how to care for our kids? Do we really want to throw our lot in with the likes of China, Iran, Saudi Arabia and North Korea? What does that say about us?

This is where the arguments for free speech come in. They are good, valid arguments which come across more powerfully after making the previous points. The Government must explain why it thinks foisting compulsory censorship onto everyone in the country is necessary.

It's the Senate, stupid!

Labor have the numbers to pass this bill in the House of Representatives. All they need are a handful of votes in the Senate to make it into law. Those votes could come from the Greens, Nick Xenophon the independent senator (who supports it!), Stephen Fielding of Family First (who loves it) or the Liberals/Nationals, who will be sniffing the wind with an eye to the next election.

Let's get real about this so it doesn't happen. We need to get organised. Educate the people who are sitting on the fence, attack the Government on technical and economic issues, force the burden of proof back onto them to defend their plan, protest to the Government and the Opposition and throw in the arguments about free speech as a final deal-breaker.

If we keep on going the way we are, we could lose. That scares the hell out of me. If anyone is serious about getting a campaign together, I will gladly get involved.

{ 6 trackbacks }

How’s the writing going? December 2008 Update — DanuPoyner.com
December 3, 2008 at 12:06 pm
Net Censorship: What we can learn from The Howard Years — DanuPoyner.com
December 9, 2008 at 11:38 am
Writing Update: How did I do in 2008? — DanuPoyner.com
January 2, 2009 at 10:26 am
#nocleanfeed vs #nocensorship « Public Polity
January 11, 2009 at 8:02 am
Porn lovers unite: Rev Lovejoy attacks | the importance of ideas...
January 24, 2009 at 1:42 pm
In Case You Missed It - #14 — DanuPoyner.com
February 2, 2009 at 8:45 pm

{ 15 comments… read them below or add one }

1 Mark Platt November 14, 2008 at 4:58 pm

We do have a right to constitutional free speech when it pertains to politics and government. It's a minor point, but I thought I'd point it out nonetheless.

2 danu November 14, 2008 at 5:17 pm

@Mark Platt - it is worth mentioning, though it is, as you say, a minor point.

This is from a research note on the Australian Parliamentary Library website:

Since 1992 decisions of the High Court have indicated that there are implied rights to free speech and communication on matters concerning politics and government, e.g. permitting political advertising during election campaigns. This is known as the 'implied freedom of political communication'. Issues arising from these decisions include defining when communication is 'political' and when the freedom should prevail over competing public interests.

I'm no lawyer, but in practical terms it seems Australians have free speech even though it is not implicitly written into the constitution. Nevertheless, I still think making the argument about free speech is a bad idea.

3 Simon November 14, 2008 at 7:49 pm

Well written rally cry, Danu. I thought it also worth mentioning in your final section that it is vitally important that we don't just let the government know how we feel about this, we must tell the opposition too. If the opposition - for some inconceivable reason - decide to support this it's as good as a done deal.

4 danu November 14, 2008 at 8:04 pm

Thanks Simon, you make a very good point. I have modified the last section a little to reflect what you said.

5 David Jackmanson November 15, 2008 at 2:11 am

Hi Danu, just came here after the link you left in a comment on my article at Let's Take Over.

I reckon you make a lot of absolutely correct points about strategy here. In fact, I'd never even considered that calling the proposal a "clean feed" is a bad idea, but now you mention it, I think you're right. I don't think it matters so much when people who are against the proposal are talking on the internet (and the #nocleanfeed meme is already out there), but when writing to the media, etc, we should call it "censorship".

There's planning afoot for a protest in Brisbane and Melbourne on Saturday December 13th. Anyone who wants to get involved in the planning should drop into http://www.nocleanfeedforum.com/

6 Jasmine November 15, 2008 at 6:09 pm

Hi,
My name is Jasmine and i am the QLD direct action coordinator for campaigns regarding digital censorship.

Just to update people,
http://www.nocleanfeedforum.com/ isn't up to date as much as it should be. It's run by Melbourne organisers and I visit it regularly so our cities are up to date but that doesn't mean that other cities aren't organised! The organisers just have HQs elsewhere.

So here's the rallies:
Brisbane:
13th of December *which is now the national date for major cities*
11am-3pm
Brisbane Square

Sydney:
13th of December
11am-4pm
Town Hall

Melbourne:
13th of December
12pm-5pm
State Library

Adelaide:
13th of December
12pm - 4pm
Parliament

Hobart:
Looking for more helpers! email: tas-organiser@nocensorship.info
TBA

Darwin:
Looking for organisers. TBA

Perth:
Has volunteers, needs an organiser. Please contact me at: qld-organiser@nocensorship.info, if you wish to assist.
TBA

Canberra:
Needs an organiser- please contact me at: qld-organiser@nocensorship.info, if you wish to assist.
TBA
(http://www.facebook.com/topic.php?uid=40261545086&topic=19190&ref=mf)

If you're organising your city's rally and I have listed your city as TBA- please message me so I can get people looking for you to get it on contact with you.

If you don't know where is the best site or people to contact for your state, contact me for their details.

Regards,
Jasmine
Direct Action Coordinator (QLDhttp://www.nocensorship.info

7 Jasmine November 15, 2008 at 7:14 pm

Update, just in:

Hobart-
13th of December
11am until 1.30pm
Parliament Lawns
Facebook event: http://www.facebook.com/event.php?eid=39329861995

8 Colin Jacobs November 17, 2008 at 10:23 pm

Hi Danu,

Good article - rock on. I agree with most of what you said here (we registered nocleanfeed.com long before the mandatory component was announced, alas).

I disagree on point number 2, however. Internal polling reveals that people tend to rate the free speech issue - the implications of a secret Government blacklist - higher than technical or cost issues. This gels with my experience talking to people. So I don't think think this is a loser; I don't think we will come across as crazy extreme libertarians by bringing up the free speech issues.

9 danu November 17, 2008 at 10:35 pm

Thanks for the comments. I guess I should clarify my point on free speech a little. It is a perfectly valid argument and one that resonates with many people. As has also been pointed out, freedom of speech is a common thread and a touchstone that connects most of the other arguments.

And that, really, is my point. The freedom of speech argument is much more powerful when used as something you keep referring back to, rather than something you open the conversation with.

For example, which has more impact? 'The Government has no right to censor our internet - and it wouldn't work anyway' or 'The Government can't censor the internet even if it wanted to. It won't work and it's a waste of money to try. And they have no right to do it anyway'.

It's even more powerful when you preface it with something that shifts the burden of proof back onto the Government. 'Does every Australian really need a full-time net nanny? The Government seems to think so. However, the Government can't censor the internet even if it wanted to. It's been proven that it won't work, it's a waste of public money to try and they have no right to do it anyway.'

And so on and so on. 'The Government calls it the 'clean feed', but a more alarmist name would be... the kill-bot factory!' :)

10 Colin Jacobs November 17, 2008 at 10:41 pm

danu:

When I started lobbying against this scheme, I would have said the same thing. Now I'm not so sure. Of course, it's all very nuanced . But "The Government has no right forcing a secret blacklist on all Australians" may indeed be the best way to start the rant. As I said, I've been a little surprised by this, but the poll data and subsequent interactions have borne this out somewhat.

11 danu November 17, 2008 at 10:46 pm

@Colin Jacobs You could well have better information than I do and perhaps you're right. I notice the issue is starting to get picked up regularly by various media outlets. Difficult to tell at this stage which way the wind is really blowing, but like yourself and others, I am watching with interest.

Keep up the good work at the No Clean Feed blog too :) Pity about the domain as you say.

12 Mark Newton November 18, 2008 at 8:24 pm

The problem with the freedom of speech argument is that although it has traction with the wider public, members of parliament don't give a toss.

Seriously. They just don't. Their mindset is that they're in Government to make decisions, and even if some decisions are unpopular they still need to be made. And violating civil liberties in pursuit of what they perceive to be a wider good is just a simple special case of that kind of decision.

That's why I've picked up other angles which resonate with the public and MPs. The argument which asks whether "the Government seriously believes that Australian parents are so uniquely incompetent that we, unlike every other democracy, need internet censorship to successfully raise children?" gains an instant gut reaction from just about every parent I've ever posed it to.

The overriding message I've been trying to convey is a simple one: "Yes, I sympathise with your belief that the Internet is full of nasties. And I understand that you might be inspired to want to do something about it. But really, this is completely the wrong thing to do about it. And the Government has lied to you about it anyway. Why don't you try another idea instead, rather than pitting yourself behind the first dumbest idea that popped into the Government's collective head? Here are some alternatives..."

You can see that message come through in my latest letter to my local member: There's a whole section on policy alternatives which follows the previous sections which point out what a dead-set loser the ALP's policies are.

Then there's the section that challenges Rudd to give Conroy the sack. I'm seriously starting to think that it's about time.

- mark

13 danu November 18, 2008 at 8:58 pm

Thanks for taking the time to write, Mark. More than anyone else, you've been the public face of those who oppose this thing and the most consistent voice on the subject.

It takes guts to take up a cause and run with it in the face of all you have to endure to do so, especially the bullying from the Government. You certainly have my respect and admiration for sticking your neck out. I'm sure I speak for many others too when I say that given the unique position from which you are qualified to comment, we're lucky that you've been as vocal as you have on the issue when you didn't have to be.

I'm still of the opinion that besides the benefits of raising awareness in certain circles, freedom of speech is the wrong front on which to fight the battle, for the reasons you've mentioned and others. I think the technical, economic and policy alternative arguments are much stronger and there are so, so many of them it's embarrassing. Nevertheless, we can't get smug or complacent lest we run the risk of becoming cast as 'elite boffins'.

I'm not sure about targeting Conroy individually. Calling for his resignation seems more like a distraction than anything else, and could feed easily into the 'hysterical' line being spouted by the Govt. While Conroy is certainly a tosser, it's the policy that's the real threat, not the messenger.

I do like your point about the perfect blacklist though and would like to see that get mentioned more around the place. I also think it's time people started asking why the Government is so keen to persist with it when the evidence is so overwhelmingly stacked against it. There's no mandate and it's been dropped once before by the previous Government. Why the big push? And since when do you write policy after you've done the trial to test it?

In short - attack the policy and the process. Articulate better policy and process. Don't shoot the messenger and don't get hysterical.

Thanks Mark and keep up the good work. We appreciate it. Don't get too exasperated with the Government or those who seem to undermine things from this side. You're possibly the best voice we have.

14 Logan December 4, 2008 at 4:11 pm

Just thought I'd pass on a couple of things in the fight against censorship. One is Neil Gaiman's thoughts on why free speech is important - I know you say free speech should not be the primary focus of the battle, but the point about having to defend things you may not like because otherwise you won't have any ground to fight on when they come for the things you do like is worth mentioning.

The second is the Tor project. It's designed to protect your anonymity online, but a side effect of that is that it can bypass even the most restrictive internet filtering schemes out there. I know this because I'm typing this from inside China, and regularly use it when I need access to a blocked site. This is not just useful once censorship is in place, though. The very existence of this tool makes censorship more difficult to enact; and if knowledge of it is widespread enough, then everyone will know how to bypass the filtering before it is even put in place. This gives the government two choices: implement something vastly more complex and costly than they already have plans for, which has no guarantee of success (the Chinese government is aware of Tor, but has not been able to prevent it yet - the best they can do is block access to the download site, but once you have it, you're in the clear), or they can abandon their plans since they are ultimately futile. So, tell everyone you know how to get around filtering systems, and make it obsolete before it begins.

15 MikeFitz December 17, 2008 at 11:59 am

G'day Danu,

Thanks for this. I've used this post as inspiration for my own response. Particularly ignoring the obvious freedom of speech issues which matter not one jot to our target audience: the parents, grandparents, uncles and aunts of Australian children.

Cheers -- Mike

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