Posts Tagged ‘UK Goverment’

Read more uk_internet_censors.htm at MelonFarmers.co.uk

House of Commons logo The government has published Online Pornography (Commercial Basis) Regulations 2019 which defines which websites get caught up in upcoming internet porn censorship requirements and how social media websites are excused from the censorship.These new laws will come into force on the day that subsection (1) of section 14 of the Digital Economy Act 2017 comes fully into force. This is the section that introduces porn censorship and age verification requirements. This date has not yet been announced but the government has promised to give at least 3 months notice.

So now websites which are more than one-third pornographic content or else those that promote themselves as pornographic will be obliged to verify the age of UK visitors under. However the law does not provide any specific protection for porn viewers’ data beyond the GDPR requirements to obtain nominal consent before using the data obtained for any purpose the websites may desire.

The BBFC and ICO will initiate a voluntary kitemark scheme so that porn websites and age verification providers can be audited as holding porn browsing data and identity details responsibly. This scheme has not yet produced any audited providers so it seems a little unfair to demand that websites choose age verification technology before service providers are checked out.

It all seems extraordinarily dangerous for porn users to submit their identity to adult websites or age verification providers without any protection under law. The BBFC has offered worthless calls for these companies to handle data responsibly, but so many of the world’s major website companies have proven themselves to be untrustworthy, and hackers, spammers, scammers, blackmailers and identity thieves are hardly likely to take note of the BBFC’s fine words eg suggesting ‘best practice’ when implementing age verification.

Neil Brown, the MD of law firm decoded.legal told Sky News:

It is not clear how this age verification will be done, and whether it can be done without also have to prove identity, and there are concerns about the lack of specific privacy and security safeguards.

Even though this legislation has received quite a lot of attention, I doubt most internet users will be aware of what looks like an imminent requirement to obtain a ‘porn licence’ before watching pornography online.

The government’s own impact assessment recognises that it is not guaranteed to succeed, and I suspect we will see an increase in advertising from providers in the near future.

It would seem particularly stupid to open one up to the dangers of have browsing and identity tracked, so surely it is time to get oneself protected with a VPN, which enables one to continue accessing porn without having to hand over identity details.

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Read more gcnews.htm at MelonFarmers.co.uk

European court buildingsOn Tuesday 7 November, three joined cases brought by civil liberties and human rights organisations challenging UK Government surveillance will be heard in the Grand Chamber of the European Court of Human Rights (ECtHR).

Big Brother Watch and Others v UK will be heard alongside 10 Human Rights Organisations and Others v UK and the Bureau of Investigative Journalism and Alice Ross v UK, four years after the initial application to the ECtHR.

Big Brother Watch, English PEN, Open Rights Group and Dr Constanze Kurz made their application to the Court in 2013 following Edward Snowden’s revelations that UK intelligence agencies were running a mass surveillance and bulk communications interception programme, TEMPORA, as well as receiving data from similar US programmes, PRISM and UPSTREAM, interfering with UK citizens’ right to privacy.

The case questions the legality of the indiscriminate surveillance of UK citizens and the bulk collection of their personal information and communications by UK intelligence agencies under the Regulation of Investigatory Powers Act (RIPA). The UK surveillance regime under RIPA was untargeted, meaning that UK citizens’ personal communications and information was collected at random without any element of suspicion or evidence of wrongdoing, and this regime was effective indefinitely.

The surveillance regime is being challenged on the grounds that there was no sufficient legal basis, no accountability, and no adequate oversight of these programmes, and as a result infringed UK citizens’ Article 8 right to a private life.

In 2014, the Bureau of Investigative Journalism made an application to the ECtHR, followed by 10 Human Rights Organisations and others in 2015 after they received a judgment from the UK Investigatory Powers Tribunal. All three cases were joined together, and the Court exceptionally decided that there would be a hearing.

The result of these three cases has the potential to impact the current UK surveillance regime under the Investigatory Powers Act. This legal framework has already been strongly criticized by the Court of Justice of the European Union in Watson . A favourable judgment in this case will finally push the UK Government to constrain these wide-ranging surveillance powers, implement greater judicial control and introduce greater protection such as notifying citizens that they have been put under surveillance.

Daniel Carey of Deighton Pierce Glynn, solicitor for Big Brother Watch, Open Rights Group, English PEN and Constanze Kurz, said:

Historically, it has required a ruling from this Court before improvements in domestic law in this area are made. Edward Snowden broke that cycle by setting in motion last year’s Investigatory Power Act, but my clients are asking the Court to limit bulk interception powers in a much more meaningful way and to require significant improvements in how such intrusive powers are controlled and reported.

Griff Ferris, Researcher at Big Brother Watch, said:

This case raises long-standing issues relating to the UK Government’s unwarranted intrusion into people’s private lives, giving the intelligence agencies free reign to indiscriminately intercept and monitor people’s private communications without evidence or suspicion.

UK citizens who are not suspected of any wrongdoing should be able to live their lives in both the physical and the digital world safely and securely without such Government intrusion.

If the Court finds that the UK Government infringed UK citizens’ right to privacy, this should put further pressure on the Government to implement measures to ensure that its current surveillance regime doesn’t make the same mistakes.

Antonia Byatt, Interim Director of English PEN, said:

More than four years since Edward Snowden’s revelations and nearly one year since the Investigatory Powers Act was passed, this is a landmark hearing that seeks to safeguard our privacy and our right to freedom of expression.

The UK now has the most repressive surveillance legislation of any western democracy, this is a vital opportunity to challenge the unprecedented erosion of our private lives and liberty to communicate.

Jim Killock, Executive Director of Open Rights Group, said:

Mass surveillance must end. Our democratic values are threatened by the fact of pervasive, constant state surveillance. This case gives the court the opportunity to rein it back, and to show the British Government that there are clear limits. Hoovering everything up and failing to explain what you are doing is not acceptable.