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UK ISPs Face Fines and Criminalisation for Failing to Tackle Child Porn

Posted: 07th Sep, 2009 By: MarkJ
Leaked Home Office documents have revealed how this year’s Queens Speech will contain details of a serious crackdown on UK broadband ISPs, specifically those that have failed to tackle online child abuse websites. The government is expected to make blocking such content a mandatory requirement and could fine or even criminalise an ISP for failing to tackle the problem.

The latest statistics show that 98.5% of UK ISPs already block or remove illegal child abuse sites through a self-regulation body known as the Internet Watch Foundation ( IWF ). The IWF runs a blocklist of websites to help ISPs filter out those containing related content.

Quote from the Independent on Sunday Newspaper:

The leaked Home Office letter says a clause in the Police, Crime and Private Security Bill in the Queen's Speech would "compel domestic ISPs to implement the blocking of illegal images of child sexual abuse".

The new laws would hand "police and local authorities powers they need to stand shoulder to shoulder with communities in tackling crime", the letter says. The Government has a "clear commitment" to prevent abuse on the internet, it adds.

There will be a four-week consultation with ISPs on the proposals, but insiders said the firms had not been informed about the proposed crackdown.

Opponents of the move are concerned that this hard-line approach is unnecessary at a time when the voluntary method is already "working well". There are also many aspects that will be hard or even impossible to stop, regardless of rule changes, such as abuse content exchanged over encrypted p2p (file sharing) channels.

There are fears that the new law will force UK ISPs to deal directly with Scotland Yard, who are inexperienced in this area and could actually undermine the IWFs existing efforts. Not to mention that ISP implementations of the IWFs list haven't always worked as intended (Wikipedia block and Internet archive block).

Entanet's Technical Support Manager, Neil Watson, said in May 2009:

"Entanet fully appreciates the importance of protecting children from exploitation and fully supports the IWF’s intentions. However like many other ISPs we have concerns over the accuracy of the methods used to identify offending sites.

There are also concerns over the effectiveness of the IWF list. Paedophiles with minimal technical knowledge can easily circumnavigate the list to gain access to and distribute illegal images. So is it really worthwhile and will it make a difference?

The IWF and their supporting childrens’ charities believe it will. They admit that determined offenders will find ways around the system but insist that the list is effective as it eliminates risk of accidental exposure."

Malcolm Hutty, president of EuroISPA, said in April 2009:

"For technical reasons, blocking simply cannot provide the level of protection that is necessary, and simple morality demands that we take strong collective action to get child pornography removed from the Internet, rather than simply hiding behind national firewalls."

Several other UK ISPs , including Zen Internet , have also raised concerns about the effectiveness of IWF and similar filtering systems. Not only are such methods easily circumvented but there are also many other ways of exchanging content where ISPs simply have no way of either seeing or restricting it.

However nobody should be surprised by this move, several prominent government ministers have been lobbying for such action to be taken for awhile, as have a number of child charities (here). The European Union (EU) also proposed similar measures back in April (here).
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