Politech mailing list archives
FC: New Zealand's restriction on cigar web site has buffs in a huff
From: Declan McCullagh <declan () well com>
Date: Tue, 30 May 2000 11:19:27 -0400
A few thoughts:* New Zealand's prohibition on cigar-shopping from .nz domains is fatally flawed; residents can still load up their e-shopping cards via the anonymizer or other offshore proxy. * It shows how unworkable arbitrary limitations on speech are: Under NZ law, cigar advertising is verboten, but cigar stores are permissible. A web site has characteristics of both. * As NZ citizens spend more of their time on U.S. dot com sites, they'll see plenty of cigar ads, and there's little the NZ government can do about it. * U.S. residents can order (illegal?) Cuban hand-rolled cigars from havanahouse.co.nz or other sites, and there's little the Feds can do about it. * If a country starts passing these kind of wacky regulations, it's difficult to stop: A ban on cigar advertising in meatspace leads to web restrictions. A ban on "indecency" over the airwaves leads to the Communications Decency Act for the Net. It's like the "drug war": One the Feds outlaw drugs, the inevitable consequence is proposals to limit privacy rights, ban some links to web sites, allow secret searches of Americans' homes, and so on.
-Declan *********** http://www.wired.com/news/print/0,1294,36612,00.html NZ: Modify Site, or No Cigar by Kim Griggs 3:00 a.m. May. 29, 2000 PDT WELLINGTON, New Zealand -- A cigar supplier in New Zealand's largest city is crying foul after being told to block his site to the country's customers or risk being fined. Tony Hart, owner of Havana House Cigars in Auckland, has been told by New Zealand's Ministry of Health that his website could breach the country's law against tobacco advertising. "They say if anybody downloads it, we as the publisher can be fined," Hart said. So he's put up a notice, which New Zealand users see when they access the site, asking readers to get in touch with the ministry "for an explanation as to why they are censoring the Internet." For the past 10 years, New Zealand has banned the advertising of tobacco products. Anyone who breaches the country's Smokefree Environments Act faces a fine of NZ$50,000 -- approximately US$25,000. Hart argues his website is a shop and not a publication, and therefore should not be subject to the section of the act banning advertising. The website is hosted in the United States, Hart says, and exists mainly for overseas customers. Orders placed through the site account for as much as 70 percent of Hart's total business, he said. [...] This is not the first time the government has cracked down on cigar promotion. Guy Morgan and Jill Roddick, who own a magazine store in the capital city of Wellington, have battled for more than a year to be able to sell Cigar Aficionado. The New Zealand censor cleared Cigar Aficionado, but the magazine still does not pass muster with the Ministry of Health. "We are not selling it but we're not giving up," Roddick said. [...] http://www.nzherald.com/storydisplay.cfm?storyID=138372&thesection=technology&thesubsection=general 27.05.2000 By MICHAEL FOREMAN The Ministry of Health says it was unaware of just how easily local Internet users could avoid a block on an Auckland cigar shop's Website. Havana House Cigars barred visitors with New Zealand Internet accounts from its Website after the ministry threatened the shop with prosecution under the Smoke-free Environments Act. But Craig St George, a director of New Plymouth-based Web Farm, which hosts the Havana House site, said the block was a very blunt weapon. "It's not much better than putting up a 'no parking' sign and expecting people not to park," Mr St George said. New Zealand users with .com or .net accounts were able to avoid the ban, as were those "bouncing" their web requests through overseas servers such as Anonymizer or translation services on search engines such as Alta Vista. Ministry of Health analyst Matthew Allen admitted he had only learned of the existence of such loopholes on Thursday, while listening to a radio programme. "It doesn't really change things, but if it's totally ineffectual then clearly we are going to have to look into it," he said. Mr Allen said the ministry had received a large number of e-mails on the subject. "It's a lot. I don't know exactly how many but we will be replying to every one and putting forward our position." "There seems to be an obsession with the censorship angle," Mr Allen complained. "All we are trying to do is apply the legislation fairly." Mr Allen confirmed that Havana House was the only Website being blocked. The ministry did not consider that other local sites selling cigarettes online, such as woolworths were promoting tobacco, Mr Allen said. No action would be taken against overseas sites "because of the difficulty that they don't have New Zealand distributors in many cases." Meanwhile Havana House owner Anthony Hart said his Website had received 11744 hits in three days since Tuesday, compared to a normal daily level of around 1000. While his usual traffic was 70 percent overseas-based, recent visitors were predominantly local. [...] -------------------------------------------------------------------------- POLITECH -- the moderated mailing list of politics and technology To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ --------------------------------------------------------------------------
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- FC: New Zealand's restriction on cigar web site has buffs in a huff Declan McCullagh (May 30)