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May’s Advocacy Corner Update

ACCC and NBN long-term pricing reform

The ACCC recently announced they will be convening an industry roundtable to discuss long-term NBN pricing and a revised special access undertaking applying across all NBN access networks. As many IAA members have a vested interest in NBN pricing and access regulation, we will be participating in the roundtable. We plan on encouraging measures which will simplify and make NBN Co pricing more affordable.

Model Defamation Provisions

We recently sent a submission through for the Model Defamation Provisions Stage 2 Discussion Paper. In our submission, we argued that ISPs and hosting providers should be considered basic internet providers who should not be held liable for defamatory content. Instead, they should receive statutory immunity from liability in defamation, especially as they do not actively participate in publication or contribute to risk of harm to reputation. We see taking this step as providing legal certainty for our members and allow them to focus on providing better services instead of on compliance obligations.

Online Safety Bill

IAA has begun working with the eSafety Commissioner and other industry associations to develop industry codes under the Online Safety Bill 2021. The codes will stipulate that industry should foster an online environment which is safe, transparent and limits access to harmful content. At this stage, we are working through the logistics of the code itself with other concerned industry bodies, but we plan on highlighting that ISPs and hosting providers do not play an extensive role in content management, and should therefore not have as many provisions to meet.

Future Submissions

In the coming month, we plan to respond to the NBN Co Pricing Review Consultation Paper 2. In this paper, NBN Co proposes changes to bundle discount charges and CVC inclusions along with a soft cap on overage CVC charges if specific criteria are met. We will also be sending a submission through the ACCC’s Non-Discrimination Provisions for Access Providers. The ACCC asks for feedback on two tests to assess whether an access provider has either implicitly or explicitly treated itself or other access seekers favourably or less favourably than other access seekers.

 

 

From the CEO’s Desk

This month we’ve seen a few developments in the regulatory space that have us wondering about the future. We expect to see a new Online Safety Act pass in early June and with it will come the obligation to have a number of Codes in place to govern how we as an industry react to online content deemed harmful. This will apply to all types of content, similar to that in the past for content deemed harmful to children. On the upside, it is good that we have received an invitation from the eSafety Commissioner to participate in the Code development, so we will be arguing the case for workable Codes where we can. This also means we should be able to assist members in getting the right processes in place once the regulation comes into place.

We’ve also been contacted by the ACCC to participate in its upcoming industry roundtable discussion on future NBN regulation. Members should let me know what your hot topics are for this one! Rest assured we will be raising CVC charging, barriers to becoming RSPs, visibility of performance and installation issues. Any others you want me to raise, please don’t hesitate to be in touch.

It’s good to see that the round of firmware upgrades have been completed too! Meaning all our core switches are now 100Gbps capable and those pesky software issues are resolved. We still need to upgrade our smaller switches, so those members still on 1Gbps ports will see a round of short outages to bring that software up to date. It’s all for a good cause.

Like many of you also, we have received notice that the old Primus DC at 55 King St Melbourne is closing. We are currently rearranging our fibres in the Melbourne ring to ensure our high standards of redundancy and diversity are maintained, and we will be relocating RS2 to another site. Our plan is to keep our gear operating until pretty much the lights go out there, however, as we know you will need things in service as long as possible. Stay tuned for the specific dates.

Our governance update is also proceeding well, and we published a draft Constitution last week. Members are invited to comment on the proposed Constitution by sending me an email with your thoughts by 3 June 2021. As ever the plan is published on our website.

All the best

Narelle Clark

Closure of Primus DC

IAA has been notified of the upcoming closure of Melbourne’s old Primus DC, located at 55 King Street. We have been advised by Vocus that we need to vacate the premises by August 1st. Unfortunately this means members with ports within the datacentre will be affected as IAA will no longer be able to continue offering services from this facility. Members should rest assured that we are working hard to ensure your services are not affected by this closure and ask anyone with a current service at 55 King to migrate to any of the other sites in VIC-IX. All location options can be found on our website. If you need more information or help with your migration, email peering@internet.asn.au

BDX8 Removal and Upgrade

IAA Engineers, Washif and Aaron will be taking a road trip (COVID willing) to Melbourne next month to undertake scheduled upgrades at Melbourne’s NextDC M1. The work is necessary as the current BDX8 has reached the end of its service life and we are replacing it with our brand new X870. The new switch offers better port density and 100Gbps, something the current BDX8 lacks.

From Encryption to Take Downs: Internet Regulation Update

Join us for our latest online event where we will be exploring the topic of internet regulation and delving into various industry regulations and their effectiveness to protect us against things such as cyber-attacks, unlawful access to data, and online content.

With a panel of experts from Australia, New Zealand, and Europe, who all have experience in the seeming avalanche of internet regulation, we will be asking their thoughts on the key issues for internet regulation today and what the future might look like for the internet industry.

We will be discussing government’s attitudes to encryption, online safety bills and the increasing approaches towards constraining platform operators, plus much more during our open social at the end of the event.

Date: Thursday 10 June, 2021
Time: 3.00pm (AWST) / 5.00pm (AEST) / 7.00pm (NZST) /
Venue: Zoom (Online)

Speakers

Jordan Carter – Chief Executive Officer, InternetNZ

Jordan is responsible for overall leadership, spokesperson for Internet issues, and executing the strategy for InternetNZ which manages the .nz domain name space. Jordan cares deeply about the difference the Internet can make for good in people’s lives, and he gets out of bed every morning because of the difference InternetNZ makes. In his spare time he likes reading, film, exploring Auckland and the odd bit of tramping.

Konstantinos Komaitis – Senior Director, Policy Development & Strategy, ISOC
Konstantinos provides analysis and strategic advice in support of the Internet Society’s policy, advocacy and mission, including the promotion of the open development, evolution, and use of the Internet for the benefit of all people throughout the world. Konstantinos has extensive experience in Internet policy and governance arrangements.

Lucie Krahulcova – Executive Director, Digital Rights Watch

Lucie is a professional activist and digital rights advocate, specialising in surveillance, law enforcement powers in the digital era, export controls, encryption, data retention and telecoms regulation. Lucie previously worked in Ottawa and Brussels, and spent five years at the digital rights NGO Access Now, bringing an international dimension to the DRW team.

Patrick Fair – Principal, Patrick Fair Associates

Patrick Fair is an experienced commercial lawyer with expertise in telecommunications regulation, intellectual property, information systems, radio communications, data governance and commercial contracting. Industry Professor Deakin University School of Computing and Chair Communications Security Reference Panel at Communications Alliance.

Members and non-members can register for the event via Zoom.

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