Archive for the ‘BBFC Internet Censor’ Category

Read more uk_internet_censors.htm at MelonFarmers.co.uk

open rights group 2016 logo We met to discuss BBFC’s voluntary age verification privacy scheme, but BBFC did not attend. Open Rights Group met a number of age verification providers to discuss the privacy standards that they will be meeting when the scheme launches, slated for April. Up to 20 million UK adults are expected to sign up to these products.

We invited all the AV providers we know about, and most importantly, the BBFC, at the start of February. BBFC are about to launch a voluntary privacy standard which some of the providers will sign up to. Unfortunately, BBFC have not committed to any public consultation about the scheme, relying instead on a commercial provider to draft the contents with providers, but without wider feedback from privacy experts and people who are concerned about users.

We held the offices close to the BBFC’s offices in order that it would be convenient for them to send someone that might be able to discuss this with us. We have been asking for meetings with BBFC about the privacy issues in the new code since October 2018: but have not received any reply or acknowledgement of our requests, until this morning, when BBFC said they would be unable to attend today’s roundtable. This is very disappointing.

BBFC’s failure to consult the public about this standard, or even to meet us to discuss our concerns, is alarming. We can understand that BBFC is cautious and does not wish to overstep its relationship with its new masters at DCMS. BBFC may be worried about ORG’s attitude towards the scheme: and we certainly are critical. However, it is not responsible for a regulator to fail to talk to its potential critics.

We are very clear about our objectives. We are acting to do our best to ensure the risk to adult users of age verification technologies are minimised. We do not pose a threat to the scheme as a whole: listening to us can only result in making the pornographic age verification scheme more likely to succeed, and for instance, to avoid catastrophic failures.

Privacy concerns appear to have been recognised by BBFC and DCMS as a result of consultation responses from ORG supporters and others, which resulted in the voluntary privacy standard. These concerns have also been highlighted by Parliament, whose regulatory committee expressed surprise that the Digital Economy Act 2017 had contained no provision to deal with the privacy implications of pornographic age verification.

Today’s meeting was held to discuss:

  • What the scheme is likely to cover; and what it ideally should cover;

  • Whether there is any prospect of making the scheme compulsory;

  • What should be done about non-compliant services;

  • What the governance of the scheme should be in the long tern, for instance whether it might be suitable to become an ICO backed code, or complement such as code

As we communicated to BBFC in December 2018, we have considerable worries about the lack of consultation over the standard they are writing, which appears to be truncated in order to meet the artificial deadline of April this year. This is what we explained to BBFC in our email:

  • Security requires as many perspectives to be considered as possible.

  • The best security standards eg PCI DSS are developed in the open and iterated

  • The standards will be best if those with most to lose are involved in the design.

    • For PCI DSS, the banks and their customers have more to lose than the processors

    • For Age Verification, site users have more to lose than the processors, however only the processors seem likely to be involved in setting the standard

We look forward to BBFC agreeing to meet us to discuss the outcome of the roundtable we held about their scheme, and to discuss our concerns about the new voluntary privacy standard. Meanwhile, we will produce a note from the meeting, which we believe was useful. It covered the concerns above, and issues around timing, as well as strategies for getting government to adjust their view of the absence of compulsory standards, which many of the providers want. In this, BBFC are a critical actor. ORG also intends as a result of the meeting to start to produce a note explaining what an effective privacy scheme would cover, in terms of scope, risks to mitigate, governance and enforcement for participants.

Advertisements
Read more uk_internet_censors.htm at MelonFarmers.co.uk

internet matters logo InternetMatters.org is group funded by UK internet and telecoms companies with the aim of promoting their role in internet safety.The group has now published a survey supporting the government’s upcoming introduction of age verification requirements for porn websites. The results reveal:

  • 83% feel that commercial porn sites should demand users verify their age before they’re able to access content.
  • 76% of UK parents feel there should be greater restrictions online to stop kids seeing adult content.
  • 69% of parents of children aged four to 16 say they’re confident the government’s new ID restrictions will make a difference.

However 17% disagreed with commercial porn sites requiring ID from their users. And the use of data was the biggest obstacle for those parents opposed to the plans. Of those parents who are anti-age verification, 30% said they wouldn’t trust age-verification companies with their personal data.

While 18% of parents claim they expect kids would find a way to get around age-verification and a further 13% claim they’re unsure that it would actually reduce the number of children accessing pornography. Age-verification supported by experts

Read more uk_internet_censors.htm at MelonFarmers.co.uk

dirty boyz logo gaystarnews.com has published an article outlining the dangers of porn viewers submitting their identity data and browsing history to age verifiers and their websites. The article explains that the dangers for gay porn viewers are even mor pronounced that for straight viewers. The artisle illustrates this with an example:

David Bridle, the publisher of Dirty Boyz , announced in October that last month’s issue of the magazine would be its last. He said:

Following the Conservative government’s decision … to press ahead with new regulations forcing websites which make money from adult content to carry an age verification system … Dirtyboyz and its website dirtyboyz.xxx have made the decision to close.

The new age verification system will be mostly run by large adult content companies which themselves host major “Tube” style porn sites. ‘It would force online readers of Dirtyboyz to publicly declare themselves.

Open Rights Group executive director, Jim Killock, told GSN the privacy of users needs protecting:

The issue with age verification systems is that they need to know it’s you. This means there’s a strong likelihood that it will basically track you and know what you’re watching. And that’s data that could be very harmful to people.

It could cause issues in relationships. Or it could see children outed to their parents. It could mean people are subjected to scams and blackmail if that data falls into criminal hands. Government response

A spokesperson for the Department of Culture, Media and Sport (DCMS) told Gay Star News:

Pornographic websites and age verification services will be subject to the UK’s existing high standard of data protection legislation. The Data Protection Act 2018 provides a comprehensive and modern framework for data protection, with strong sanctions for malpractice and enforced by the Information Commissioner’s Office.

But this is bollox, the likes of Facebook and Google are allowed to sell browsing data for eg targeted advertising within the remit of GDPR. And targeted advertising could be enough in itself to out porn viewers.

Read more bw.htm at MelonFarmers.co.uk

archive org 0274x0300 logo The BBFC has just published a very short list of adjudications responding to website blocking complaints to mobile ISPs during the last quarter of 2018.There are several cases where innocuous websites were erroneously blocked by ISPs for no apparent reason whatsoever and a quick check by a staff member would have sorted out without the need to waste the BBFC’s time. These sites should get compensation from the for grossly negligent and unfair blocking.

The only adjudication of note was that the general archive website archive.org which of course keeps a snapshot of a wide range of websites including some porn.

The BBFC noted that this was the second time that they have taken a look at the site::

The BBFC provided a further adjudication when we viewed the website on 10 October 2018. As in September 2015, we determined that the site was a digital archive which hosted a range of media including video, books and articles. We found a range of pornography across the archive which featured explicit images of sexual activity, in both animated and non-animated contexts. The site also contained repeated uses of very strong language. Additionally, out of copyright film and video material which the BBFC has passed 18 was also present on the site.

As such, we concluded that we would continue to classify the site 18.

It is interesting to note that the BBFC have never been asked to adjudicate about similarly broad websites where it would be totally untenable to come to the same 18 rated but correct conclusion, eg google.com, youtube.com, twitter.com. They would all have to be 18 rated and it would cause untold trouble for everybody. I wonder who decides ‘best not go there’?

Read more uk_internet_censors.htm at MelonFarmers.co.uk

House of Commons logo The House of Commons approved the upcoming internet porn censorship scheme to be implemented by the BBFC from about Easter 2019.The debate was set for 3 sections to approve each of the 3 documents defining the BBFC censorship guidelines. Each was allotted 90 minutes for a detailed debate on how the BBFC would proceed. However following a Brexit debate the debate was curtailed to a single 90 minute session covering all 3 sections.

It didn’t matter much as the debate consisted only of MPs with a feminist agenda saying how the scope of the censorship didn’t go far enough. Even the government spokeswoman leading the debate didn’t understand why the rules didn’t go further in extending sites being censored to social media; and why the range of porn to be banned outright wasn’t more extensive.

Hardly a word said was relevant to the topic of examining the BBFC guidelines.  Issues of practicality, privacy, the endangerment of porn viewers from fraud, outing and blackmail are clearly of no interest to MPs.

The MPs duly nodded their approval of the BBFC regime and so it will soon be announced when the censorship will commence.

The age verification service provider was quick to follow up with a press release extolling the virtues of its porn viewing card approach. Several newspapers obliging published articles using it, eg  See  Porn sites ‘will all require proof of age from April 2019’ — here’s how it’ll work from metro.co.uk

Read more uk_internet_censors.htm at MelonFarmers.co.uk

house of lords red logo The following four motions are expected to be debated together in the House of Lords on 11th December 2018:

Online Pornography (Commercial Basis) Regulations 2018

Lord Ashton of Hyde to move that the draft Regulations laid before the House on 10 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 38th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Guidance on Age-verification Arrangements

Lord Ashton of Hyde to move that the draft Guidance laid before the House on 25 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 39th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Lord Stevenson of Balmacara to move that this House regrets that the draft Online Pornography (Commercial Basis) Regulations 2018 and the draft Guidance on Age-verification Arrangements do not bring into force section 19 of the Digital Economy Act 2017, which would have given the regulator powers to impose a financial penalty on persons who have not complied with their instructions to require that they have in place an age verification system which is fit for purpose and effectively managed so as to ensure that commercial pornographic material online will not normally be accessible by persons under the age of 18.

Guidance on Ancillary Service Providers

Lord Ashton of Hyde to move that the draft Guidance laid before the House on 25 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 39th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

The DCMS and BBFC age verification scheme has been widely panned as fundamentally the law provides no requirement to actually protect people’s identity data that can be coupled with their sexual preferences and sexuality. The scheme only offers voluntary suggestions that age verification services and websites should protect their user’s privacy. But one only has to look to Google, Facebook and Cambridge Analytica to see how worthless mere advice is. GDPR is often quoted but that only requires that user consent is obtained. One will have to simply to the consent to the ‘improved user experience’ tick box to watch the porn, and thereafter the companies can do what the fuck they like with the data.

See criticism of the scheme:

Security expert provides a detailed break down of the privacy and security failures of the age verification scheme

Parliamentary scrutiny committee condemns BBFC Age Verification Guidelines

Parliamentary scrutiny committee condemns as ‘defective’ a DCMS Statutory Instrument excusing Twitter and Google images from age verification.

Read more uk_internet_censors.htm at MelonFarmers.co.uk

house of lords red logo Pornographic Websites: Age Verification – Question

House of Lords on 5th November 2018 .

Baroness Benjamin Liberal Democrat

To ask Her Majesty ‘s Government what will be the commencement date for their plans to ensure that age-verification to prevent children accessing pornographic websites is implemented by the British Board of Film Classification .

Lord Ashton of Hyde The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

My Lords, we are now in the final stages of the process, and we have laid the BBFC ‘s draft guidance and the Online Pornography (Commercial Basis) Regulations before Parliament for approval. We will ensure that there is a sufficient period following parliamentary approval for the public and the industry to prepare for age verification. Once parliamentary proceedings have concluded, we will set a date by which commercial pornography websites will need to be compliant, following an implementation window. We expect that this date will be early in the new year.

Baroness Benjamin

I thank the Minister for his Answer. I cannot wait for that date to happen, but does he share my disgust and horror that social media companies such as Twitter state that their minimum age for membership is 13 yet make no attempt to restrict some of the most gross forms of pornography being exchanged via their platforms? Unfortunately, the Digital Economy Act does not affect these companies because they are not predominantly commercial porn publishers. Does he agree that the BBFC needs to develop mechanisms to evaluate the effectiveness of the legislation for restricting children’s access to pornography via social media sites and put a stop to this unacceptable behaviour?

Lord Ashton of Hyde

My Lords, I agree that there are areas of concern on social media sites. As the noble Baroness rightly says, they are not covered by the Digital Economy Act . We had many hours of discussion about that in this House. However, she will be aware that we are producing an online harms White Paper in the winter in which some of these issues will be considered. If necessary, legislation will be brought forward to address these, and not only these but other harms too. I agree that the BBFC should find out about the effectiveness of the limited amount that age verification can do; it will commission research on that. Also, the Digital Economy Act itself made sure that the Secretary of State must review its effectiveness within 12 to 18 months.

Lord Griffiths of Burry Port Opposition Whip (Lords), Shadow Spokesperson (Digital, Culture, Media and Sport), Shadow Spokesperson (Wales)

My Lords, once again I find this issue raising a dynamic that we became familiar with in the only too recent past. The Government are to be congratulated on getting the Act on to the statute book and, indeed, on taking measures to identify a regulator as well as to indicate that secondary legislation will be brought forward to implement a number of the provisions of the Act. My worry is that, under one section of the Digital Economy Act , financial penalties can be imposed on those who infringe this need; the Government seem to have decided not to bring that provision into force at this time. I believe I can anticipate the Minister ‘s answer but–in view of the little drama we had last week over fixed-odds betting machines–we would not want the Government, having won our applause in this way, to slip back into putting things off or modifying things away from the position that we had all agreed we wanted.

Lord Ashton of Hyde

My Lords, I completely understand where the noble Lord is coming from but what he said is not quite right. The Digital Economy Act included a power that the Government could bring enforcement with financial penalties through a regulator. However, they decided–and this House decided–not to use that for the time being. For the moment, the regulator will act in a different way. But later on, if necessary, the Secretary of State could exercise that power. On timing and FOBTs, we thought carefully–as noble Lords can imagine–before we said that we expect the date will be early in the new year,

Lord Addington Liberal Democrat

My Lords, does the Minister agree that good health and sex education might be a way to counter some of the damaging effects? Can the Government make sure that is in place as soon as possible, so that this strange fantasy world is made slightly more real?

Lord Ashton of Hyde

The noble Lord is of course right that age verification itself is not the only answer. It does not cover every possibility of getting on to a pornography site. However, it is the first attempt of its kind in the world, which is why not only we but many other countries are looking at it. I agree that sex education in schools is very important and I believe it is being brought into the national curriculum already.

The Earl of Erroll Crossbench

Why is there so much wriggle room in section 6 of the guidance from the DCMS to the AV regulator? The ISP blocking probably will not work, because everyone will just get out of it. If we bring this into disrepute then the good guys, who would like to comply, probably will not; they will not be able to do so economically. All that was covered in British Standard PAS 1296, which was developed over three years. It seems to have been totally ignored by the DCMS. You have spent an awful lot of time getting there, but you have not got there.

Lord Ashton of Hyde

One of the reasons this has taken so long is that it is complicated. We in the DCMS , and many others, not least in this House, have spent a long time discussing the best way of achieving this. I am not immediately familiar with exactly what section 6 says, but when the statutory instrument comes before this House–it is an affirmative one to be discussed–I will have the answer ready for the noble Earl.

Lord West of Spithead Labour

My Lords, does the Minister not agree that the possession of a biometric card by the population would make the implementation of things such as this very much easier?

Lord Ashton of Hyde

In some ways it would, but there are problems with people who either do not want to or cannot have biometric cards.