Internet Industry Association

INTERNET INDUSTRY CODE OF PRACTICE - COMPLIANCE CHECKLISTS
(updated May 2002 to co-incide with registration of Content Codes Version 7.2)

The following checklists have been created to assist member ISPs and content hosts (ICHs) to comply with the Internet Industry Association's registered Codes of Practice relating to internet content, pursuant to the Broadcasting Services Act 1992 (as amended).

The IIA registered Codes are voluntary, until and unless you are directed to comply by the ABA. Nevertheless, many of our members are choosing to comply because they want to ensure that they are meeting best practice, and to pre-empt possible liability under the Act should the ABA issue a notice to comply. The email advice will enable you to notify the IIA that you are compliant with the Codes.

Note numbers in square brackets [  ] refer to relevant provisions of the registered Codes (version 7.2). The Codes can be viewed in full at www.iia.net.au/codes.html.
 

Content Code 1 Requirements Checklist

PART A: Internet Access Account Registration

(at least ONE question in this part must be answered 'Yes' to comply with the Code)

1. Does it require that the customer provide their credit card number and expiry date ? [5.1(a)]

[   ] yes     [   ] no

2. Does it ask that the customer provide documentation such as a passport, driver's licence or student card with date of birth or age ? [5.1(b)]

[   ] yes     [   ] no

3. Does the packaging of the Internet access account contain a notice that states that persons under 18 need the consent of a parent, teacher or other adult before using the account ? [5.1(c)]

[   ] yes     [   ] no

4. Is a service, such as a closed content system, offered when the account is opened ? [5.1(d)]

[   ] yes     [   ] no

5. Does the registration site ask persons under 18 to verify that they have the consent of an adult to open the account ? [5.1(e)]

[   ] yes     [   ] no

PART B: Content Provider Customers

6. Is there a link on the home page to resources, made available by the IIA, the ABA, NetAlert or other approved organisation, that:

(a) encourages the use of a labelling system been used (in relation to content unsuitable for children)? [5.2(a)]

[   ] yes     [   ] no

(b) informs content provider customers of their legal responsibilities in relation to content? [5.2(b) and 5.4]

[   ] yes     [   ] no

PART C: Informing Subscribers

7. Is there a link on the home page to resources made available by the IIA, the ABA, NetAlert or other approved organisation to inform subscribers:

(a) about supervising and controlling children's access to the Internet? [5.3(a) and 5.4]

[   ] yes     [   ] no

(b) about the availability and use of filtering software? [5.3(b) and 5.4]

[   ] yes     [   ] no

(c) that placing content on the Internet may entail legal responsibilities? [5.5(a) and 5.6]

[   ] yes     [   ] no

(d) they may make a complaint to the ABA about prohibited or potentially prohibited content? [5.5(b) and 5.6]

[   ] yes     [   ] no

(e) about the procedures to be taken to make a complaint to the ABA? [5.5(c) and 5.6]

[   ] yes     [   ] no

PART D: Other matters

8. Is there a complaints procedure in place to deal with complaints about unsolicited emails promoting sites containing Prohibited Content? [5.7]

[   ] yes     [   ] no

9. Is there a procedure in place (for example a contact person in your organisation with an email capability) which permits you to notifiy another ICH in cases where you are advised (for example by the ABA) that:

    - the ICH is hosting Prohibited Contract and
    - you know their email address? [5.8]

[   ] yes     [   ] no
 

*This provision in our Code was required by legislation. For most practical purposes of course, one would expect that the ABA would notify the relevant ICH directly

PART E:  Non-Code Requirements

[The IIA Code does not require these points, but it may assist in compliance with an ABA direction generall, thereful is a useful capability to have]
 

10. Is the ABA aware of the details of your Contact Point and that all correspondence should be directed to the Company Secretary and the Contact Point?

[   ] yes     [   ] no

11. Do the Primary Server Administrators have remote administrative access via telnet over all relevant servers?

[   ] yes     [   ] no
 

PART A: Designated Notification Scheme

1. Has a Supplier(s) of an Approved Filter(s) been nominated by you? [6.1(a)]

[   ] yes     [   ] no

2. Has you informed the ABA of your Contact Person's details, including his/her email address and also your Company Secretary details? [6.1(b)]

[   ] yes     [   ] no

PART B: Access Prevention

 (Part B is not applicable to subscribers appearing on a list created under Part C)

4. Has a Schedued Filter been 'provided for use' to each subscriber as part of:

(a) an online registration process; or
(b) a disk based registration process; or
(c) a notification with links to effect download and instructions for use? [6.2(a)]

[   ] yes     [   ] no

5. Are commercial subscribers provided with:

(a) appropriate software (eg an Scheduled Filter) that prevents access; or
(b) information that facilitates access to consultancy services with respect to firewalls or other appropriate technology? [6.2(b)]

[   ] yes     [   ] no

PART C: Designated Alternative Access Prevention Arrangements

1. Is there a list of:

(a) commercial subscribers who have advised you that they have in place a form of content filtering or control (eg firewall technology); [6.4(a)]

[   ] yes     [   ] no

(b) schools, educational or other institutional subscribers who have advised you that they have in place a form of content filtering or control (eg firewall technology); and [6.4(b)]

[   ] yes     [   ] no

(c) other subscribers that have advised that he/she has already installed an Scheduled Filter ? [6.4(c)]

[   ] yes     [   ] no

Content Code 3 Requirements Checklist

PART A: Internet Content Subscription Account Registration
(at least one question in this part must be answered 'Yes' to comply with the Code)

1. Does your Internet Content Subscription Account Registration require that the customer provide their credit card number and expiry date? [7.1(a)]

[   ] yes     [   ] no

2. Does it ask that the customer provide documentation such as a passport, driver's licence or student card with date of birth or age? [7.1(b)]

[   ] yes     [   ] no

3. Is there a prominent notice, on the site or promotional material which markets the Internet subscription account, that states that persons under 18 need the consent of a parent, teacher or other adult before using the account? [7.1(c)]

[   ] yes     [   ] no

4. Is a service, such as an Scheduled Filter or a closed content system, offered when the account is opened? [7.1(d)]

[   ] yes     [   ] no 

5. If a Scheduled Filter is offered for a charge, is this charge based on a cost-recovery (having regard to your total costs of obtaining, supply, and supporting the filter), as opposed to for-profit?. [6.2(b)]
           [   ] yes     [   ] no
6. Does the registration site ask persons opening the account to confirm that they are not under 18? [7.1(e)]
           [   ] yes     [   ] no

PART B: Content Provider Customers

6. Is there a link on the home page to resources, made available by the IIA, the ABA, NetAlert or other approved organisation, that:

(a) encourages the use of a labelling system been used (in relation to content unsuitable for children)? [7.2(a)]

[   ] yes     [   ] no

(b) informs content provider customers of their legal responsibilities in relation to content? [7.2(b)]

[   ] yes     [   ] no

7. Is there a term in the hosting contract or an acceptable use policy that informs Content Providers not to place on the Internet content in contravention of any Australian law? [7.5]

[   ] yes     [   ] no

PART C: Informing Subscribers

8. Is there a link on the home page to resources made available by the IIA (for example www.iia.net.au/contentcodeguideuser.html), the ABA, NetAlert or other approved organisation (approved by the IIA) to inform subscribers:

(a) about supervising and controlling children's access to the Internet; [7.3(a) and 7.4]

[   ] yes     [   ] no

(b) about the availability and use of filtering software ? [7.3(b) and 7.4]?

[   ] yes     [   ] no

9. Is there a term or statement in the hosting contract, or an acceptable use policy, or a notice on your home page, or a link to information for the purpose of  informing users about:

(a) their right to make complaints to the ABA about content; [7.6(a) and 7.7]

[   ] yes     [   ] no

(b) the procedures to be taken to make a complaint to the ABA ? [7.6(b) and 7.7]

[   ] yes     [   ] no

PART D: Take-down notices

10. Is there a procedure in place to, within the timeframe required,:

(a) remove Prohibited or Potential prohibited content ? [7.9(a)(i)]

[   ] yes     [   ] no

(b) take any other action requires by the Broadcasting Services Act 1992 in respect of a notice ? [7.9(a)(iii)]

[   ] yes     [   ] no

11. Is there a procedure in place to inform customers who place prohibited or potential prohibited content on the Internet that this conduct is a breach of the customer's service conditions ? [7.9(b)]

[   ] yes     [   ] no

PART E: Other matters

12. Is there a complaints procedure in place to deal with complaints about unsolicited emails promoting sites containing Prohibited Content ? [7.8]

[   ] yes     [   ] no

13. Are you aware that you must act in accordance with the direction of a Relevant Authority in respect of any other content (other than Prohibited or Potential prohibited content) ? [7.10]

[   ] yes     [   ] no

14. Is there a procedure which requires notification to another Content Host if you become aware that they are hosting Prohibited Content ? [7.11]

[   ] yes     [   ] no

Email advice to IIA:

Please email this advice to compliance@iia.net.au

We confirm that we are compliant with the relevant IIA Codes according to the checklist published by the IIA for that purpose.

Name of ISP/ICH:

Contact person:

Email address:

Phone:

We  are [  ]      are not [  ] members of the II