IAA Newsletters

While the review of the amendments to the Model Defamation Provisions is still ongoing, the recently closed consultation into the liability of Internet intermediaries for online defamatory material has indicated that Internet Service Providers will likely be granted a statutory exemption from liability. This comes off the back of the work IAA did, along with other industry representatives, in the last round of consultations regarding this matter. IAA has consistently argued that since ISPs merely providing access do not deal with content, the law should recognise this. While there was some opposition to the proposed exemption during an industry workshop, with suggestions that ISPs should rely on available defences instead, IAA has maintained in its submission that the exemption is necessary to provide ISPs with greater clarity and assurance when it comes to defamation law.  We have also asked that those involved in the mechanics and operation of other infrastructure services, such as DNS, should similarly be exempt. 

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IAA’s Public Policy Advisory Panel met for its third quarter meeting on 7 September. While two panellists were unfortunately unable to attend, the Panel had a very spirited meeting, getting into the nitty gritty of telco legislation and the policy context. Sophia (IAA Policy Officer) gave an update on the consultations IAA have responded to since the last meeting (no less than 9!), as well as an overview of other work the policy team have been up to, including meetings with regulatory bodies and NBN Co, forums the team have participated in and publications that have been released. The Panel then discussed upcoming consultations and provided much guidance; sharing their knowledge on the various policy areas that will be of relevance in the coming months, and perspectives on where IAA should devote its focus.  

IAA is extremely grateful to the Panel members who dedicate their time to guide IAA’s advocacy work.  

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NetThing is taking place online again this year and it’s happening soon. With a line up of speakers including: Vint Cerf, Dr Tobias Feakin, The Hon Simon Kofe, The Hon Michelle Rowland MP and Rosemary Sinclair AM, it is set to be one of the best NetThings yet.  

Date: Thursday 27 – Friday 28 October 2022
Time: (Thursday): 9:45am AEDT – 4:45pm AEDT
Time: (Friday): 9:45am AEDT – 3:45pm AEDT
Location: Virtual 

We’re thrilled to be running a session again this year: Defamation for Internet Service Providers and Other Internet Intermediaries. This 45-minute panel discussion seeks to unpack the long-debated question of how to balance the responsibilities placed on different sections of the Internet industry to appropriately protect individual end-users, while also ensuring the smooth running of the Internet. Our panel includes Daniel Joyce (UNSW), John Morris (ISOC), Sophie Dawson (Bird & Bird), Sunita Bose (DiGI) and Christiane Gillespie-Jones (Comms Alliance). Read more about our upcoming session on our website.  

If you would like to attend our session or any others, please keep an eye out on NetThing’s social media channels or sign up to their mailing list on the NetThing website.  

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The last chance to complete your asset registration under the new carrier licence condition and determination for eligible CSPs is 8 October 2022. Under this new determination, telcos must provide the Department of Home Affairs’ Cyber and Infrastructure Security Centre (CISC) with operational information in relation to their telecommunications assets. Where an entity holds a direct interest of at least 10% or a controlling stake in the asset, information about the interest and control in the asset must also be reported.   

An ‘asset’ is defined to be a tangible asset owned or operated by a carrier/eligible carriage service provider and is used to supply a carriage service. It does not refer to typical termination equipment on customer premises. An asset can be thought of by way of an analogy – the entire car as opposed to the individual components that make up the motor vehicle. Please visit the CISC website for further information. We have also created this helpful guide to assist you.  

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In early 2021, one of our staff members caught up with founding member, Kim Heitman, as part of the research process for content for our website. Looking back on the interview, it’s interesting to read his perspective in conjunction with other founding members, as it gives a sense of just how united the founding Committee were. Here’s what Kim had to say about WA-IX:  

The need to build WA-IX in 1997 arose from the Association bringing together hundreds of ISPs and content service providers all operating like small businesses. They needed purchasing power and alternatives to telco services. WA-IX was a great leveller and helped small ISPs and associated businesses build their service offerings in Perth and surrounds.” 

“The Association was heavily behind the ‘Stop Telstra’ campaign, prompted when the telco floated the proposal to charge ISPs for receiving dial-up users’ calls on a timed basis – called ‘B Party charging’. The user would pay the usual phone flagfall but the ISP would pay a second fee to Telstra by the minute. This was an existential threat to small ISPs and was handily defeated in the public debate.” 

When asked about the obstacles the Association faced and how they overcame them in the early years, Kim responded:  

“In the early days, before WA-IX revenues helped the bottom line, the income from subscriptions was insufficient to hire staff, including tech support for WA-IX. We struggled from year to year to find the funds to achieve our goals and do public events such as Internet demonstrations or conferences. The visibility and impact of the Association depended on the commitment of volunteers and their ability to support Association roles while trying to make a living. Luckily, the bonds of friendship within the WA industry were strong, and it was mostly a fraternal relationship with members competing against the world rather than each other. WAIA collaborated in 2001 to form the Information Communications and Telecommunications Alliance of WA (ICTWA) with several other professional bodies, including the Australian Computer Society, the Australian Information Industry Association, the Australian Interactive Multimedia Industry Association, the Telecommunications Society of Australia, the Institute of Engineers, and Software Engineering Australia. This cross-cultured approach to advancing industry policy led to an informed and educated generation of businesses and technology workers and eventually growth in information industries in this State and elsewhere.” 

“The consolidation of the WA – and Australian – ISP industry in the 2000s was an extraordinary transition from a typically small-business profile to massive telecommunication giants. The role of the IAA in providing infrastructure for those competing with the world leaders and national companies will continue to be relevant, and other sectors (such as higher education or research collaborators) may find the not-for-profit providers such as the IAA a boon to their missions. The support of the Association for its members and customers is a bright spark in an otherwise cut-throat industry.”  

“In the early years, the incumbent telco was routinely criticised by ISPs with a 90% dissatisfaction rate on new services, delays and connection problems were part of their struggles. While there is plenty to criticise with the current telecommunications infrastructure, competition did drive better services and cheaper prices.” 

“Profits on bandwidth and services have put the Association in a strong and stable financial footing, and I would urge further investment in the multitude of technologies still ahead of the curve.” 

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