News for hackers. Stuff that matters.
Re:Australia will not force age verification due to privacy ... by firen777 on Wednesday August 30, 2023 @09:01PM (#37331229)
> New Zealand using CSAM laws to prosecute people who watched the Christchurch video

Can I get a source on that? I can't find what you described with a quick Google search (using "New Zealand CSAM Christchurch" as my search term). I do find some prosecution made against people who distribute the video (one of them with caption "target acquired"), but they were under terrorism-related law.

It seems absurd to go after mere viewer of the video, let alone using CSAM law of all laws as the basis of prosecution.

Re:Australia will not force age verification due to privacy ... by pseudo0 on Wednesday August 30, 2023 @09:32PM (#37331423)
Here is the text of the law [0].

It defines "objectionable" content with CSAM as the first category, and then a number of other categories that would be First Amendment protected speech in the US. Possession alone carries a 10 year prison sentence, possession with intent to distribute is 14 years. The Christchurch shooting video and manifesto were both classified as objectionable by New Zealand's Chief Censor (I'm not joking, that's actually their job title) [1].

My point was that they are prosecuting people for political and journalistic speech under the same law they use for CSAM, with equally severe penalties. Hope that is a more clear explanation.

[0] - https://www.legislation.govt.nz/act/public/1993/0094/latest/...

[1] - https://www.classificationoffice.govt.nz/news/news-items/res...

Re:Australia will not force age verification due to privacy ... by verve_rat on Wednesday August 30, 2023 @09:44PM (#37331495)
As my other reply states, this is a complete misunderstanding of the situation in NZ. Either you are ignorant of the NZ context, or wilfully ignoring it.

Please stop.

Re:Australia will not force age verification due to privacy ... by pseudo0 on Wednesday August 30, 2023 @10:08PM (#37331655)
Your response below did not address the substance of my argument. I linked to primary sources, people interested in this discussion can go read them and come to their own conclusions.
Re:Australia will not force age verification due to privacy ... by totetsu on Wednesday August 30, 2023 @11:59PM (#37332290)
the substance of your argument is that you don't understand that different countries/societies/cultures/jurisdictions have different historical experiences/legal traditions/ founding principals/values/politics that make words like censorship very contextual.
Re:Australia will not force age verification due to privacy ... by esyir on Thursday August 31, 2023 @02:24AM (#37333202)
Gotcha, censorship of stuff you don't like isn't censorship
Re:Australia will not force age verification due to privacy ... by verve_rat on Thursday August 31, 2023 @06:32AM (#37335020)
I don't think anyone in this whole discussion claimed that?

Just people disagreeing about where to draw the line on what censorship is acceptable and what is not. The US and NZ draw that line in different places.

It seems to me that Americans in this discussion are trying to win some kind of moral argument, where as I'm just explaining how the world is, not how it ought to be.

Re:Australia will not force age verification due to privacy ... by Nition on Wednesday August 30, 2023 @09:40PM (#37331468)
NZ didn't prosecute anyone for only watching the video. Some were prosecuted for sharing it though.
Re:Australia will not force age verification due to privacy ... by pseudo0 on Wednesday August 30, 2023 @09:55PM (#37331564)
Charges were laid in 35 cases [0], and a 16 year old pleaded guilty to possession of the video [1]. I'm not sure if the disposition of the other 33 cases has been determined or reported on by news outlets.

[0] - https://www.rnz.co.nz/news/national/397953/charges-laid-in-3...

[1] - https://www.newstalkzb.co.nz/news/crime/16-year-old-admits-p...

Re:Australia will not force age verification due to privacy ... by Nition on Wednesday August 30, 2023 @09:57PM (#37331584)
Thanks, I've updated my comment to say "sharing or possessing". Although I doubt anyone got prosecuted for possessing without ever sharing - how would you get caught?
Re:Australia will not force age verification due to privacy ... by pseudo0 on Wednesday August 30, 2023 @10:02PM (#37331611)
They were attempting to subpoena tech companies and websites where the video was reuploaded, demanding user information and IP logs for anyone who accessed the video. I'm unsure of how many video hosts actually complied, given how many companies don't have a presence in NZ. Apparently at least a few, given how they were able to charge at least 35 people.

From there, it's a basic request to the ISP for subscriber information, and a day or two later the police are seizing the poor schmuck's electronics. If they find christchurch.mp4 or manifesto.pdf, that's a 10 year prison sentence.

Re:Australia will not force age verification due to privacy ... by totetsu on Wednesday August 30, 2023 @11:55PM (#37332270)
Given that "white identity extremism" is one of the biggest domestic threats, that seems fair enough.
Re:Australia will not force age verification due to privacy ... by pseudo0 on Thursday August 31, 2023 @12:42AM (#37332554)
It's not even a rounding error in our national murder rate. We are currently at over 20,000 murders per year in the US, and it's rare for more than a handful to be linked to white identity extremism in a given year. The real "threat" was that a bunch of IC employees would end up redundant after ISIS imploded. There are an awful lot of highly paid IC employees and consultants who hopped on the new counterterrorism bandwagon after their old cash cow dried up.

Besides that, even if it were a real threat, censoring speech is not the solution. I'm not sure if you have read the Christchurch manifesto, but it's garbage. Seriously NZ is doing the author a favor by censoring it. That way he gets to play the political persecution card and people are less likely to actually read it.

Re:Australia will not force age verification due to privacy ... by verve_rat on Thursday August 31, 2023 @02:21AM (#37333180)
>It's not even a rounding error in our national murder rate. We are currently at over 20,000 murders per year in the US

But... we aren't talking about the US?

https://www.macrotrends.net/countries/NZL/new-zealand/murder...

See that big spike at the end there? That's white identity extremism. The deadliest crime in NZ history, the one event that more than doubled NZs murder rate that year, was white identity extremism. It might be a bit of a problem.

Re:Australia will not force age verification due to privacy ... by pseudo0 on Thursday August 31, 2023 @03:03AM (#37333485)
That tends to happen when you have a small population and an outlier event occurs in a given year... Your entire country is the size of a large US city. If you calculated NYC's murder rate and included 9/11, it would also be pretty abysmal in 2001.
Re:Australia will not force age verification due to privacy ... by verve_rat on Thursday August 31, 2023 @06:43AM (#37335103)
An the US reacted to 9/11 with a bunch of law changes among other things. A large event had an impact.

Honestly, I don't see what you are trying to point out?

Re:Australia will not force age verification due to privacy ... by pseudo0 on Thursday August 31, 2023 @11:04AM (#37338287)
9/11 got us the Patriot Act, the TSA, an invasion of a completely unrelated country that killed around 600,000 people, and a few trillion dollars in unnecessary military spending. Knee-jerk responses generally don't end well, speaking from experience.
Re:Australia will not force age verification due to privacy ... by verve_rat on Wednesday August 30, 2023 @09:41PM (#37331474)
You won't get a source because it belies a fundamental misunderstanding of New Zealand law and attitudes towards censorship.

In NZ we have the Classification Office. This is the government organisation that classifies publications (books, movies, games, even technically websites IIRC?). The Classification Office issues a rating (PG, M, R16, R18, etc.) and it is a crime to provide restricted publications to people that are under the restricted age.

It takes quite a lot to get a publication outright banned. In some cases the Chief Censor will issue it a "only at film festivals and academic settings" rating.

Note: only egregious distribution tends to get any attention, let alone prosecution. People importing objectionable material for sale, that sort of thing. Back in the day when video stores were still a thing, 15 year olds would rent R18 porn and no one went to jail.

Yes, CSAM is the sort of thing that would be rated objectionable (I.e. banned) but the NZ censorship regime is not "CSAM laws", it is much broader and more comprehensive than that.

In this case the Chief Censor banned the Christchurch shooting video because of the harm that its distribution would do to the community [1]. This sort of decision is normal and expected in NZ.

The rest of the world does not look like the US. We don't need to bend laws past their original intention when we already have a functional system for dealing with these kind of issues.

(I'm sure someone will pipe up to tell me I'm a slave in Stalinist Russia because I can't watch snuff films.)

[1]: https://www.rnz.co.nz/news/national/397953/charges-laid-in-3...

Re:Australia will not force age verification due to privacy ... by EE84M3i on Wednesday August 30, 2023 @10:25PM (#37331762)
>it is a crime to provide restricted publications to people that are under the restricted age.

Does this imply that parents, or those delegated by them, would be commiting a crime by showing their children material out of the government's chosen age range? That strikes me as absurd.

Furthermore, how does this work with broadcast TV or Radio? Do the receiving devices need to implement a control?

Actually, this also makes me wonder, will a public library check ID for books that teens check out?

Re:Australia will not force age verification due to privacy ... by verve_rat on Thursday August 31, 2023 @01:47AM (#37332932)
> Does this imply that parents, or those delegated by them, would be commiting a crime by showing their children material out of the government's chosen age range? That strikes me as absurd.

Technically, yeah. And on the face of it, that doesn't sounds great does it? But again, that ignores the reality of the NZ justice system. I wouldn't think any parent has ever been prosecuted for that sort of thing. There are many safety valves like police discretion, prosecutor discretion, judicial discretion. If it got to court my assumption is that the offender would be discharged without conviction [1]. Basically given a telling off by the judge.

Any cases of a parent, or anyone just guilty of showing restricted stuff to a child, that resulted in fines or jail time would include large scale offending (distribution for profit probably), or some other abuse. I could certainly see a parent that was showing porn to their kid, as part of the sexual assault of that kid, getting a conviction for this, but only as part of a larger case involving a bunch of yuck stuff I don't want to think about.

Without doing a bunch of research, the other circumstance I could picture a parent being convicted would be in the dark times of the past. It wouldn't surprise me much to read that Mrs. Poorlady of Mangakino was convicted of supplying a minor restricted material in 1962 and fined £100. But all countries have weird pasts, McCarthyism was a thing.

TV and Radio aren't "publications" for the purposes of the Act. That is up to the Broadcasting Standards Authority. See: https://www.classificationoffice.govt.nz/classification-info... and https://www.bsa.govt.nz/

And lastly: yes a library would check your id. Libraries do stock DVDs and will absolutely not hand R16 movies to 15 year olds. But it is rare for books to get ratings.

Books are assumed to be ok, and most go unclassified. But books might be submitted for classification if the publisher thinks it is borderline. Or if a member of the public submitted it.

So yeah, if a book was submitted for classification, and that book got a restricted label, and the library thought the book wasn't trash and was worth stocking, then yes, they would check id if you look like you could be under the restricted age.

[1]: https://www.willislegal.co.nz/discharge-without-conviction/

Re:Australia will not force age verification due to privacy ... by standardUser on Saturday September 02, 2023 @06:55PM (#37366192)
"I wouldn't think any parent has ever been prosecuted for that sort of thing."

It's worse to have an unenforced law on the books than no law at all.

Re:Australia will not force age verification due to privacy ... by Forgotthepass8 on Wednesday August 30, 2023 @09:55PM (#37331567)
You have a chief censor and you seem proud of this.

Did Orwell know about you?

Re:Australia will not force age verification due to privacy ... by Nition on Wednesday August 30, 2023 @10:00PM (#37331596)
This is a very harsh response. You can disagree and still have a civil discussion. Many cultures are represented on Hacker News and we can all learn something from each other.

Edit: Okay, not quite as bad now after you edited out the last line. Thanks.

Re:Australia will not force age verification due to privacy ... by verve_rat on Thursday August 31, 2023 @01:48AM (#37332939)
Not proud, just describing facts.
Re:Australia will not force age verification due to privacy ... by honestly2023 on Wednesday August 30, 2023 @10:01PM (#37331604)
<<I'm sure someone will pipe up to tell me I'm a slave in Stalinist Russia because I can't watch snuff films

Honestly, I am more concerned that you think it is kosher to have others not see/read it. You can choose to see/not see what you will. NZ is a lot of things, but I would not call it normal.

Oh, while we are at it. Have you ever wondered about why it was restricted? Because the manifesto from that guy actually predicted NZ gov response quite well.

This guy was successful terrorist ( as in, he achieved his stated political goal with violence ).