Internet Censorship in New Zealand

The New Zealand government has no current plan to follow Australia into compulsory filtering of internet connections by ISPs, says ICT minister David Cunliffe.

New Zealand's response to undesirable online material emphasises education, says Cunliffe, referring to NetSafe's educational programme aimed at parents and children.

There is currently no legislative authority in the Films, Videos and Publications Classification Act for website filtering, Cunliffe notes.

The Australian proposal, first mooted by the Howard government, has attracted criticism. The extent of the planned filtering is still unclear. Australian civil liberties campaigners have called it the Great Firewall of Australia, in allusion to China's strict state online censorship.

In New Zealand a trial web filtering programme is being conducted by the DIA in association with a number of ISPs, who have volunteered. The trial currently blocks access to about 7,000 websites that are known to deal exclusively with child sexual abuse imagery, Cunliffe says: There are no plans for the programme to be expanded to other types of illegal material.

The New Zealand Department of Internal Affairs is setting up a filter system that will allow internet service providers to stop people accessing child pornography.

But there are concerns that the power to censor browsing could be abused. The filter system has already been trialled in hundreds of thousands of New Zealand households. Internal Affairs deputy secretary Keith Manch says the voluntary system blocks access to 7000 websites carrying images of child sexual abuse.

Internet Safety group NetSafe welcomes the move, but says there could be concerns if the department later uses the filter to block a wider variety of websites. Manch says there are no such plans and the filter is only for targeting the sexual abuse of children. He says the department is finalising its analysis from the trial and will be discussing with internet providers how to implement the system.

Update: Rapid Start Up

7th February 2009. See article from arstechnica.com

At the end of this month, New Zealand's ISPs are required to start disconnecting users accused of infringing copyright multiple times. ISPs are also being asked to start censoring 7,000 Web sites under a government plan to make it harder for Kiwis to access child pornography over the Internet.

Child pornography restrictions will be extended to the Internet under a program initiated by the Department of Internal Affairs, though it will remain voluntary, according to Radio New Zealand News. The system relies on a blacklist of specific Web sites, and it has about 7,000 entries at the moment.

The program has already been tested in trials across the country, and ISPs are now looking into implementation details.

New Zealand says it has no current plans to extend the system behind child porn, which sets it apart from neighbouring Australia, where an ambitious (and required) censorship program has the right to block any sort of illegal content.

Update: No Plans

20th March 2009. See article from nbr.co.nz

Those nervously watching the chaos across the Tasman can breathe a sigh of relief.

We have been following the internet filtering debate in Australia but have no plans to introduce something similar here, says Communications and IT minister Steven Joyce.

I am a member of the InternetNZ and I have just been reading its internal mailing list about the frightening possibility of Internet filtering coming to New Zealand, courtesy of our Department of Internal Affairs.

New Zealand's censorship laws forbid viewing or owning certain types of material (e.g. depictions of bestiality or sex with children) and this applies to material accessed over the internet too.

At this moment New Zealand does not have Internet filtering. However, the Department of Internal Affairs ran a trial internet filtering scheme in conjunction with Ihug, Watchdog, Maxnet and TelstraClear in 2007/2008 and is planning to fully implement it in 2009/2010.

There is now a "Internet Filtering Law". It is being done under the Films, Videos, and Publications Classification Act 1993. This gives the responsibility for enforcement to the Department of Internal Affairs.

The scheme is currently voluntary for the ISPs (Internet Service Providers) as there is no law to force them to use it.

The filter is applied at the level of the IP address but it is common for a web server to host multiple websites on a single IP address. All requests to a website on one of the filtered IP addresses will be diverted to the DIA's server.

ISPs can choose whether to subscribe to it or not. The only way for a person to opt-out of the filtering is by switching to an ISP that doesn't implement it. ISPs that have implemented it so far have not provided a way to opt out of it.

The list of sites is manually compiled by DIA officers. They will update the list monthly and only after the review and agreement of a few officers. Initially they plan to filter any website carrying child abuse related material.

Update: censorship enforcement activity

16th July 2009. Based on article from nzherald.co.nz
See also New Zealand set to join internet blocking club from theregister.co.uk by John Ozimek

The New Zealand government is spending $150,000 on website filtering software, outraging some bloggers who say the move amounts to censorship of the internet.

Since 2007 the Department of Internal Affairs' Censorship Compliance Unit has worked with a small group of internet service providers on a trial project to block access to websites distributing child pornography.

The project, using hardware and software supplied by a Swedish technology company, thwarts access to more than 7000 websites known to offer child sexual abuse material.

If computer users subscribed to the ISPs involved in the trial - which now include TelstraClear, ihug, Watchdog and Maxnet - attempt to access sites on the DIA's blacklist they are re-directed to a message explaining the site has been blocked.

Until now the DIA's filtering project has been run on a shoestring Budget of $2000 or $3000 a year, but the department won $150,000 in this year's Budget to buy software to expand the system beyond a trial. The money was part of a $661,000 Budget increase for censorship enforcement activity.

The New Zealand Department of Internal Affairs is inviting public input on its draft code of practice for blocking objectionable websites that host child sexual abuse images. The code is now available on the Department's website and will be open to public comment until 28 September 2009.

The Digital Child Exploitation Filtering System will be available voluntarily to Internet service providers (ISPs) in the next two months. It will focus solely on websites offering clearly objectionable images of child sexual abuse, which is a serious offence for anyone in New Zealand to access.

Internal Affairs, Deputy Secretary, Keith Manch, said the filter will be operated by the Department in partnership with ISPs: The code of practice provides assurance that only website pages containing images of child sexual abuse will be filtered and the privacy of ISP customers is maintained. The filter will not cover e-mail, file sharing or borderline material.

The filtering list of over 7000 objectionable websites will be retained at the Department of Internal Affairs. The list will be reviewed manually monthly to ensure that it is up to date and that the possibility of false positives is removed.

The Department is committed to transparency and considers that continued public support for the filtering system requires the operation to be as open to scrutiny as possible. An independent reference group will also be established to ensure the system is operated with integrity and adheres to the principles set down in the code of practice.

Joining the filtering programme is voluntary and if any ISP subsequently is unhappy it will be able to withdraw.

Comments on the code can be directed to: Lloyd.Bezett@dia.govt.nz

Update: DIA Report on Internet Filter Test

6th October 2009.  See article from thomasbeagle.net

The Department of Internal Affairs (DIA) have released to me their report [PDF] on the testing of the Internet Filtering system.

In summary, it's already nearing capacity in testing, and it's filtering 39.9 million requests per month that don't need blocking. This, on top of the fact that it doesn't stop any of the real traffic anyway. Smells like success to me :(

The nutters of Family First NZ are calling on their government to join the Australian government's just-announced plan to introduce legislation to block websites that feature child pornography, bestiality, sexual violence against women, and detailed instruction of crime and drug use.

Government-commissioned trials in Australia have found that blocking banned material can be accurate and have no effect on internet speed, says Bob McCoskrie, National Director of Family First NZ: Laws around the filtering of the internet are a great investment to protect families as internet usage becomes more and more common in NZ homes. The internet should not be left unregulated when it comes to the protection of children.

Because of the availability, affordability, and anonymity of the internet, we must put as many safeguards in place as possible – and sooner rather than later.

While parents can take as many precautions as possible, including purchasing computer security products and supervising their children's internet use, the Australian government is not leaving anything to chance and is being proactive in the protection of children and families, says McCoskrie.

New Zealand has quietly been working on its internet filter, due for launch by the end of next month.

The Department of Internal Affairs (DIA) began work on the filter in response to community expectations that the government and the internet service providers (ISPs) should do more to provide a safe internet environment, New Zealand's DIA said in a statement.

Branded the Digital Child Exploitation Filtering System, the filter uses White Box software from Netclean of Sweden. According to New Zealand's National Business Review, it cost DIA NZ$150,000, which then further customised it.

It has been trialled for two years and features a blacklist of more than 7000 child pornography websites, which, like Australia's list, will remain private, because the department believed displaying a list would make a directory for offenders to use, the DIA said in its statement.

The system operates by populating the routing tables of a participating ISP so that a request for the [internet protocol] IP address of a website containing child sexual abuse images results in a first 'hop' to the Department's server, it said.

If there is a match to the particular web page that is being blocked then the requester is presented with a blocking page stating that access to the requested page is illegal. If there is no match, then the requester is permitted through to the internet.

The Department's system preserves the anonymity of any person that is blocked by not keeping a record of their IP address. Users who believe they have been prevented from accessing legitimate content may fill in an anonymous request that a site on the filtering list be checked.

Furthermore, the system will be overseen by an Independent Reference Group, nominated by the DIA, made up of representatives from enforcement agencies, the Office of Film and Literature Classification, child welfare groups, ISPs and internet users.

The New Zealand system will be voluntary for ISPs and aims to be milder than the Australian one, by just focussing on child porn instead of refused classification sites which also include subjects such as fetishes and terrorism.

This could be why the NZ filter has not been greeted with the same level of outrage that Australia's has been, though opposition to it has surfaced, from groups who fear it could extend to other objectionable areas and become compulsory like Australia's planned filter. They also have voiced concerns about the fact that unlike the Australian filter plan, which has come under much public scrutiny, the New Zealand equivalent has bypassed parliamentary procedures such as Bills, white papers and select committee processes.

New Zealand's Department of Internal Affairs (DIA) has started an internet filter which is being used by ISPs Maxnet and Watchdog.

Thomas Beagle, spokesperson for online freedom lobby Tech Liberty says he's very disappointed that the filter is now running, it's a sad day for the New Zealand internet. He told Computerworld the filter went live on February 1 but DIA has delayed announcing that until it held a meeting with its Independent Reference Group. He says he's disappointed the launch was conducted in such a stealthy mode.

The manager of the Department of Internal Affairs' Censorship Compliance Unit, Steve O'Brien, denies any subterfuge in the launch, saying the trial has been going on for two years and that has been communicated to media for quite some time: The Independent Reference Group has met and the filter system processes were demonstrated as set out in the code of practice, that is that the website filtering system prevents access to known websites containing images of child sexual abuse.

Tech Liberty understands that Telstra Clear, Telecom and Vodafone have said they will implement the filter, with Orcon, Slingshot and Natcom saying that they won't.

Vodafone says it is working closely with New Zealand's Internal Affairs on implementing the internet filter and is behind the concept.

A spokesman said the company was testing the filter to ensure it actually worked correctly and it doesn't negatively impact other services. Once those boxes are ticked, Vodafone expects to turn it on.

Tech Liberty spokesman Thomas Beagle said Telecom's involvement in the kiddy porn filter is a slippery slope: This is just a government censorship scheme for the internet. Once a system is in place, what can be added to it?

He pointed out that already there were calls for sites that infringed copyright to be censored and just today Commerce Minister Simon Power welcomed the next step in developing new illegal file sharing rules that requires internet service provider co-operation.

Department of Internal Affairs spokesman Trevor Henry advised that other ISPs are being brought on progressively and discussions with Vodafone/iHug, Woosh, Orcon and 2degrees are underway. In addition, design changes are being investigated to adapt the system for performance on mobile devices.

So far about 500 websites are on the filter list and several thousands more are to be examined.

New Zealand has had an internet blocking system running since March of 2010. New Zealand laudably limits the scope of the blocking to child abuse websites, so is proving uncontroversial and enjoys public support.

Mauricio Freitas of NZ's Geekzone recently trawled through various reports and briefings from the Department of Internal Affairs, the government body responsible for administering the filter. In December 2011, the system had clocked the following stats:

• Seven ISPs 16.1 million requests blocked (there are multiple requests per page)
• 415 records in the block list covering 368 unique web sites
• 25 appeals  presumably claiming unfair blocks

A survey by InternetNZ of 877 Kiwis recently released suggests 66% were in favour of extending the current blocking to include other material. However, the report does not indicate what other material might be.

Almost half were unaware NZ even had internet blocking, while just 19% knew for certain their ISP was applying the blocks. 56% felt the decision to be individually blocked should be voluntary.

Andrew Bowater, Head of Government Relations at Telecom NZ, asked whether the Censorship Compliance Unit can identify whether a person who is being prosecuted has been blocked by the filtering system. Using the hash value of the filtering system's blocking page, Inspectors of Publications now check seized computers to see if it has been blocked by the filtering system. The Department has yet to come across an offender that has been blocked by the filter.