Archive for the ‘Dgital Economy Bill’ Category

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bbfc av graphic logo The UK will become the first country in the world to bring in age-verification for online pornography when the measures come into force on 15 July 2019.It means that commercial providers of online pornography will be required by law to carry out robust age-verification checks on users, to ensure that they are 18 or over.

Websites that fail to implement age-verification technology face having payment services withdrawn or being blocked for UK users.

The British Board of Film Classification (BBFC) will be responsible for ensuring compliance with the new laws. They have confirmed that they will begin enforcement on 15 July, following an implementation period to allow websites time to comply with the new standards.

Minister for Digital Margot James said that she wanted the UK to be the most censored place in the world to b eonline:

Adult content is currently far too easy for children to access online. The introduction of mandatory age-verification is a world-first, and we’ve taken the time to balance privacy concerns with the need to protect children from inappropriate content. We want the UK to be the safest place in the world to be online, and these new laws will help us achieve this.

Government has listened carefully to privacy concerns and is clear that age-verification arrangements should only be concerned with verifying age, not identity. In addition to the requirement for all age-verification providers to comply with General Data Protection Regulation (GDPR) standards, the BBFC have created a voluntary certification scheme, the Age-verification Certificate (AVC), which will assess the data security standards of AV providers. The AVC has been developed in cooperation with industry, with input from government.

Certified age-verification solutions which offer these robust data protection conditions will be certified following an independent assessment and will carry the BBFC’s new green ‘AV’ symbol. Details will also be published on the BBFC’s age-verification website, ageverificationregulator.com so consumers can make an informed choice between age-verification providers.

BBFC Chief Executive David Austin said:

The introduction of age-verification to restrict access to commercial pornographic websites to adults is a ground breaking child protection measure. Age-verification will help prevent children from accessing pornographic content online and means the UK is leading the way in internet safety.

On entry into force, consumers will be able to identify that an age-verification provider has met rigorous security and data checks if they carry the BBFC’s new green ‘AV’ symbol.

The change in law is part of the Government’s commitment to making the UK the safest place in the world to be online, especially for children. It follows last week’s publication of the Online Harms White Paper which set out clear responsibilities for tech companies to keep UK citizens safe online, how these responsibilities should be met and what would happen if they are not.

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open rights group 2016 logo A Freedom of Information request to the DCMS has revealed that porn company MindGeek suggested that the BBFC should potentially block millions of porn sites if they didn’t comply with Age Verification requirements outlined in the Digital Economy Act.

MindGeek, who are also developing Age Verification technology, said that the Government’s plans to prevent children from seeing pornography would not be effective unless millions of sites could be blocked.

Notes made by the company and sent to the DCMS state:

A greylist of 4M URLs already exists from Sky, but lets assume that’s actually much smaller as these URLs will I suspect, be page- level blocks, not TLDs. The regulator should contact them all within that 12 months, explaining that if they do not demonstrate they are AV ready by the enforcement date then they will be enforced against. “On the enforcement date, all sites on the greylist turn black or white depending upon what they have demonstrated to the regulator.

Corey Price, VP of Pornhub, separately noted:

It is our corporate responsibility as part of the global tech community to promote ethical and responsible behavior. We firmly believe that parents are best placed to police their children’s online activity using the plethora of tools already available in modern operating systems. The law has the potential to send a message to parents that they no longer need to monitor their children’s online activity, so it is therefore essential that the Act is robustly enforced.

Despite the law, those seeking adult content can still circumvent age verification using simple proxy/VPN services. Consequently the intent of the legislation is to only protect children who stumble across adult content in an un-protected environment. There are over 4 million domains containing adult content, and unless sites are enforced against equally, stumbling across adult content will be no harder than at present. If the regulator pursues a proportionate approach we may only see the Top 50 sites being effected 203 this is wholly unacceptable as the law will then be completely ineffective, and simply discriminate against compliant sites. We are therefore informing, and closely monitoring the development of the regulations, to be published later this year, to see if they achieve the intended goals of the Act.

MindGeek could stand to gain commercially if competitor websites are blocked from UK visitors, or if the industry takes up their Age Verification product.

Executive Director of Open Rights Group, Jim Killock said:

There is nothing in the Act to stop the BBFC from blocking 4.6 million pornographic websites. The only constraint is cash.

This leaves the BBFC wide open to pressure for mass website blocking without any need for a change in the law.

When giving evidence to the Public Bill Committee , the chief executive of the British Board of Film Classification, David Austin implied that only tens of sites would be targeted:

We would start with the top 50 and work our way through those, but we would not stop there. We would look to get new data every quarter, for example. As you say, sites will come in and out of popularity. We will keep up to date and focus on those most popular sites for children.

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open rights group 2016 logo The Digital Economy Bill (DEBill) will require that porn sites verify the age of their users in order to prevent under 18s from viewing pornography. Despite concerns that this will leave porn users vulnerable to hacks and security risks, the Government has failed to amend the Bill so that privacy is written into the legislation. Instead, Codes of Practice will place the responsibility for protecting people’s privacy with porn sites not the companies supplying age verification technology.

Executive Director Jim Killock said:

Age verification is an accident waiting to happen. Despite repeated warnings, parliament has failed to listen to concerns about the privacy and security of people who want to watch legal adult content.

As we saw with the Ashley Madison leaks, the hacking of private information about people’s sex lives, has huge repercussions for those involved. The UK government has failed to take responsibility for its proposals and placed the responsibility for people’s privacy into the hands of porn companies.

Censorship regime

The Bill will also enable the creation of a censorship regime as the BBFC will be given powers to force ISPs to block legitimate websites without any judicial process. These powers were added to the Bill, when it became apparent that foreign porn sites could not be compelled to apply age verification. During parliamentary scrutiny, they were extended to include other content, not just pornography, raising further concerns about the threat to free speech.

Killock added:

These new powers will put in place a vast system of censorship which could be applied to tens of thousands of adult websites. The BBFC will be under pressure to censor more and more legal content. This is a serious assault on free speech in the UK.

Almost 25,000 ORG supporters signed a petition calling for the Government to reject plans for blocking legal pornography.

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open rights group 2016 logo Ten years jail for filesharing: or in fact any minor copyright infringement where there is a loss by not getting what one might get or cause a risk of further infringement.Clause 27 of the Digital Economy Bill will mean that more or less any wrongful use where somebody hasn’t paid a licence fee (think of memes) is a crime. Causing “risk” to the copyright holder means almost by definition ordinary file sharing is a criminal rather than civil infringement.

Is the government really intending to threaten teenagers with prison? Why has the Digital Economy Bill been left with such a stupid legal change? Both the government and the Intellectual Property Office said they just wanted to bring online infringement into line with “real world” fake DVD offences. They were worried about the difficulties with charging people who run websites that help people download copyright works.

However, that isn’t how they offence is drawn up: and the government has now been told in Parliament twice that they are both criminalising minor infringements and helping copyright trolls. Copryight trolls, we should remember, specialise in threats concerning file sharing of niche pornographic works in order to frighten and embarass people into payment, often incorrectly, and to our knowledge, have never taken anyone to court in the UK .

The answers have been startlingly bad. Kevin Brennan stated , for Labour:

The Open Rights Group has expressed concern about the Government’s insistence that there needs to be “reason to believe” that infringement will cause loss or “the risk of loss”. Its fear is that that phrase, “the risk of loss”, could capture quite a wide range of behaviour, perhaps beyond the scope of what the Government say they intend. In particular, its concern is the extent to which that phrase will capture file sharing.

Copyright trolls get their profits when a certain number of people are scared enough to respond to those notifications and pay up. Frequently these accusations are incorrect, misleading and sent to account holders who did not sanction any such further file sharing. However, as I understand it, sending that kind of speculative threat to consumers is, unfortunately, perfectly legal. Some are concerned that if the Bill retains the concept of risk of loss, it could aid the trolls by enabling them to argue with more credibility that account holders may face criminal charges and a 10-year prison sentence.

Matt Hancock gave a non-answer:

We recognise that the maximum sentence of 10 years, even if only for the most serious cases, must be carefully targeted. Consequently, clause 26 also makes changes to the existing offence of online copyright infringement to make it clearer when that offence is committed and who should be considered liable. The amendments speak to some of those points.

The concept of prejudicial effect in the existing legislation will be replaced with a requirement that the infringer intends to make a monetary gain for themselves or knows or has reason to believe their actions will expose the rights holder to a loss or risk of loss in money. I will come to the debate around definition of that in more detail.

The point of this clarification is to act as a safeguard to ensure that the increased maximum penalty is applied only to serious criminals who deserve it and will not apply to those who share material accidently or without knowledge of the consequences.

In the Lords, Labour suggested returning to the current definition of “prejudicial effect”: which (as Matt Hancock says) suffers the same problem of being very wide and catching people it should not.

The government have failed to give any serious answers. The Opposition, Labour and Liberal Democrat should be able to see that an egregious mistake is being made, and they have the ability to force a change.

The problem is really easily fixed. The government simply need to put in thresholds to ensure that only significant damage or serious risk is caused. We have an amendment prepared and published.

Why does the government want to help copyright trolls bully grannies and criminalise file sharers whose actions may be idiotic, but hardly criminal? The government needs to fix this before it becomes law and abuse of copyright ensues.

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open rights group 2016 logo How could the power to block pornographic websites lead to massive censorship, when the BBFC thinks it wants want to censor “just” a few hundred sites.

Officials wrote to the New Statesman yesterday to complain about Myles Jackman’s characterisation of the Digital Economy Bill as leading to an attempt to classify everything on the Internet. (They perhaps hadn’t understood the satire .)

However, the fact of the matter is that the DE Bill gives the BBFC (the regulator, TBC) the power to block any pornographic website that doesn’t use age verification tools. It can even block websites that publish pornography that doesn’t fit their guidelines of taste and acceptability – which are significantly narrower than what is legal, and certainly narrower than what is viewed as acceptable by US websites.

A single video of “watersports” or whipping produces marks, for instance, would be enough for the BBFC to ban a website for every UK adult. The question is, how many sites does the regulator want to block, and how many can it block?

Parliament has been told that the regulator wants to block just a few, major websites, maybe 50 or 100, as an “incentive” to implement age checks. However, that’s not what Clause 23 says. The “Age-verification regulator’s power to direct internet service providers to block access to material” just says that any site that fits the criteria can be blocked by an administrative request.

What could possibly go wrong?

Imagine, not implausibly, that some time after the Act is in operation, one of the MPs who pushed for this power goes and sees how it is working. This MP tries a few searches, and finds to their surprise that it is still possible to find websites that are neither asking for age checks nor blocked.

While the first page or two of results under the new policy would find major porn sites that are checking, or else are blocked, the results on page three and four would lead to sites that have the same kinds of material available to anyone.

In short, what happens when MPs realise this policy is nearly useless?

They will, of course, ask for more to be done. You could write the Daily Mail headlines months in advance: BBFC lets kids watch porn .

MPs will ask why the BBFC isn’t blocking more websites. The answer will come back that it would be possible, with more funding, to classify and block more sites, with the powers the BBFC has been given already. While individual review of millions of sites would be very expensive, maybe it is worth paying for the first five or ten thousand sites to be checked. (And if that doesn’t work, why not use machines to produce the lists?)

And then, it is just a matter of putting more cash the way of the BBFC and they can block more and more sites, to “make the Internet safe”.

That’s the point we are making. The power in the Digital Economy Bill given to the BBFC will create a mechanism to block literally millions of websites; the only real restraint is the amount of cash that MPs are willing to pour into the organisation.

What could possibly go wrong?

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westminster eforum logoAn interesting article in Wired reports on a a recent Westminster eForum meeting when the British establishment got together to discuss, porn, internet censorship and child protection.A large portion of the article considers the issue that porn is not generally restricted just to ‘porn websites’. It is widely available on more mainstream wesbites such as Google Images. Stephen Winyard, director and VP of ICM Registry and council member of the digital policy alliance, argued that Twitter is in fact commercially benefiting from the proliferation of pornography on the network:

It’s on Twitter, Reddit, Tumblr, mobile apps – Skype is used hugely for adult content. But Twitter is the largest platform for promoting pornography in the world – and it takes money for it. They pay Twitter money to advertise adult content.

Another good good pint was that the Digital Censorship Bill going through parliament was targetting the prevention of children ‘stumbling across’ porn. Hence a bit of partial blockade of porn may somehow reduce this problem. However Adam Kinsley of Sky pointed out that partial blockage may not be so effective in stopping kids actively looking for porn. He noted:

The Digital Economy Bill’s exact objectives are a little uncertain, but we are trying to stop children stumbling on pornography — but they are not ‘stumbling’, they are looking for it and Twitter is where they will [find] it. Whether what the government is proposing will deal with that threat is unclear. Initially, it did not propose ISPs blocking content. When it comes to extremist sites, the Home Office asks social media platforms to take down content. The government does not ask us to block material – it has never done that. So this is a big deal. It doesn’t happen with the IWF; it doesn’t happen with terrorist material, and it wasn’t in the government’s original proposal. Whether they got it right and how will we deal with these millions of sites, is unclear.

We’re not really achieving anything if only dealing with a few sites.

The Bill is incredibly complex, as it stands. David Austin, from the BBFC, pointed out that for it to implement the bill correctly, it needs to be effective, proportionate, respectful of privacy, accountable – and the

Tens of millions of adults that go online to see legal content must be able to continue to do so.

At the same time, he said:

There is no silver bullet, no one model, no one sector that can achieve all child protection goals.

…Read the full article from wired.co.uk

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house of lords red logo= Europe has voiced legal doubts about the current regime of ISPs defaulting to internet censorship unless subscribers actively choose to opt out of the censorship. So now the government has introduced a new clause into the Digital Censorship Bill currently in the House of Lords explicitly enabling ISP network level website blocking.Thomas Ashton, a minister from the DCMS has tabled the following amendment:

Internet filters

(1) A provider of an internet access service to an end- user may prevent or restrict access on the service to information, content, applications or services, for child protection or other purposes, if the action is in accordance with the terms on which the end- user uses the service.

(2) This section does not affect whether a provider of an internet access service may prevent or restrict access to anything on the service in other circumstances.