Incoming Feed Items

Under the Online Safety Act, the eSafety Commissioner can require industry bodies to draft industry codes to deal with Class 1 and Class 2 material. In 2022, a group of industry bodies commenced drafting industry codes to handle Class 1A and 1B material – this includes Child Sexual Abuse Material (CSAM) and/or Child Sexual Exploitation Material (CSEM), “pro-terror” material, as well as material that deals with crime and violence, and drug-related content.

In June 2023, the eSafety Commissioner registered 5 out of the 8 proposed industry codes. Of the remaining 3 codes, a sixth was registered after amendments to reflect the developments in generative AI. The eSafety Commissioner declined to register the final two codes – for ‘Designated Internet Services’ and ‘Relevant Electronic Services’, based on the decision they did not go far enough to safeguard users in Australia. Given the proposed codes did not meet the expectations of the eSafety Commissioner, they then drafted industry standards. In November 2023, the eSafety Commissioner opened public consultation on the draft industry standards for 31 days.

40 organisations from around the world have today delivered a joint letter to Australia’s eSafety Commissioner, calling for protections for privacy, digital security and end-to-end encryption. 

The letter was coordinated by Digital Rights Watch, Access Now, and the Global Encryption Coalition Steering Committee, and has been co-signed by organisations including Signal, Mozilla, Proton, the Tor Project, Electronic Frontiers Australia, and more. It was also signed by 560+ supporting members of the public.

The letter is in response to two draft industry standards proposed by the eSafety Commissioner under the Online Safety Act, which are open for public consultation until 21 December. The standards would apply to a broad range of services including email, messaging, and personal file storage, and include a range of proactive detection obligations to detect, remove, disrupt and deter illegal content. However, as there are no safeguards for encryption, the standards would require end-to-end encrypted services to undermine the security and privacy of their users in order to comply. 

Signatories acknowledge the severity of harm caused by the dissemination of illegal content, and recognise the need for regulation to enhance online safety. Contrary to the goal of the standards, what is being proposed will make everyone less safe online. 

This is our final update for 2023, so here’s a little roundup of the highlights and lowlights of the year, as well as a sneak peek into what’s coming in 2024. But first…

A note from the Digital Rights Watch Chair 

It’s been another big year at Digital Rights Watch HQ (on the internet). Over the course of 2023 we made fourteen submissions to government inquiries, bills and consultations, took part in more than ten roundtables, appeared at three parliamentary hearings, and appeared in the media over 80 times. To me, the critical importance of this work is self-evident. If we don’t fix how our online world is governed, it remains virtually impossible to build functioning community spaces, or a public space to debate difficult problems like climate change, racial injustice and our response to military violence. If we don’t improve our privacy laws, generations of kids will be surveilled by predatory businesses that do not have their best interests at heart. If we don’t get our approach to online safety right, vulnerable people will be pushed further to the margins. I remain hopeful that a rights based approach gives us the best chance at making good policy that puts the power of tech back in the hands of people. If you agree, please consider supporting our organisation however you can. We have some tough adversaries out there and we welcome your support. – Lizzie O’Shea, Digital Rights Watch Chair

Sharing photos of protests is a great way to amplify the impact of collective action, raise awareness on important issues, and encourage more people to participate. We love it! 

But surveillance is on the rise, including the use of facial recognition technology – capturing biometric data from people’s faces. At the same time, the right to protest is under threat in Australia. 

In October 2023 the Digital ID Taskforce (in the Department of Finance) closed a public consultation on the exposure draft of a proposed Digital ID Bill 2023. This follows their previous consultation on a 2021 exposure draft of the Trusted Digital Identity Framework (see our submission for that consultation here).

Following the Optus and Medibank breaches, the idea of a digital identity that enables government bodies and companies to verify people’s identity without each company collecting and holding identity documents has become more popular. Still, it’s not without its privacy and security concerns, and as always, the devil will be in the detail (and implementation).

Digital Rights Watch recognises the potential benefits associated with the establishment of a digital identity system, however we will continue to advocate for a handful of key components that we believe are fundamental for a robust, fair, trustworthy and successful Digital ID system.

The Digital ID system must:

In September 2023 the Identity Verification Services Bill 2023 was introduced to Parliament. The Bill was referred to an Inquiry by the Senate Standing Committees on Legal and Constitutional Affairs, and Digital Rights Watch made a submission. The Committee is required to report by the 9th of November 2023.

The bill creates a legislative framework to support the operation of identity verification services which are already on offer by the Commonwealth to allow government agencies and industry to compare or verify personal information on identity documents against existing government records, such as passports, drivers licenses, and birth certificates.

This includes one-to-one matching services such as the Document Verification Service (DVS) and Facial Verification Service (FVS), which was used over 140 million times in 2022.

Context

This is the ALP’s re-vamped version of the Coalition’s controversial Identity Matching Services Bill 2019, which was so strongly criticised that it was sent back to the drawing board by the Parliamentary Joint Committee on Intelligence and Security due to concerns about the lack of privacy protections and the ability to enable mass surveillance.

Yesterday, the Australian Government released the eSafety Commissioner’s long-awaited roadmap for age verification for online pornography. We are pleased to see that the federal government will not force websites to implement age verification as a result of concerns about privacy and the lack of maturity of the technology.

Age verification is rife with privacy and digital security risks, as well as critical effectiveness and implementation issues. We welcome this sensible announcement from the Australian government.

We have been fighting this proposal for close to three years. Over that period, we made eight submissions related to online safety and age verification, advocated in the media, participated in many consultation roundtables and workshops with government and industry, and collaborated with other privacy and security advocates, researchers, and community groups.

This win shows that when we raise the alarm and put pressure on government we can stop harmful and invasive tech policy proposals. We need to keep up the fight to protect human rights, wellbeing and safety.

In January, the Minister for Communications announced that the Australian Government would introduce new laws to provide the Australian Communications and Media Authority (ACMA) with new powers to combat online misinformation and disinformation. The draft bill was open for public feedback from 20 June to 20 August 2023.

Read the draft bill and the public submissions here.

In our submission, Digital Rights Watch highlights a handful concerns and of areas for improvement, including:

Rethinking economics with Angus Deaton Editor Mainstream economics has placed efficiency before ethics and human wellbeing It is no secret that mainstream economics is grounded…

Capitalism with friends like these, you don’t need enemies (part 1) Steve Keen This is a chapter from Prof Steve Keen’s book Rebuilding Economics from…

‘New Keynesian’ unemployment — a paid vacation essentially! Lars P. Syll Both Real Business Cycle and New Keynesian models see unemployment as an accidental and…

Mortgagees paying for corporate price gouging Editor This item by Andreas Bimba embraces material extracted from William Michell’s blogsite [1]. It appears in a Facebook…

If you’ve got a dark roof, you’re spending almost $700 extra a year to keep your house cool Sebastian Pfautsch and Riccardo Paolini If you…

MMT sees America through rapid economic recovery Stephanie Kelton and Steven Hail Modern monetary theory has been influential in helping America rise out of the…

Complex economies embedded in the biosphere with the commons restored – Part 1 Geoff Davies How can we construct an economics consistent with the biophysical…

Letter from Colin Cook (SA) Re: Finding the tools to end the cost-of-living crisis [ERA Review Jan/Feb 2024] Towards the end of 2020 there was…

No economy exists apart from the ecologies which sustain it Peter Newell This item is extracted from an article which appeared in RWER blogs on…

A successful energy transition requires managing power use So how do we make demand more flexible? Chris Briggs Energy security concerns are mounting as renewable…