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Tuesday, 17 March 2009

Home Office clueless: The transcript

Below is the transcript of an interview that Computer Shopper conducted with a Home Office spokesman regarding the government's policy towards tackling child abuse websites. We sent our questions over to the Home Office a day before the interview took place, to give them plenty of time to prepare.

Computer Shopper: In 2006, the Home Office pledged that all ISPs will block access to illegal content. How does the Home Office intend to make this happen?

Home Office: Over 95 per cent of consumer broadband connections are covered by blocking of child sexual abuse websites.

The UK has taken a collective approach to addressing this issue, and has had considerable success in ensuring that the sites on the Internet Watch Foundation (IWF) list are blocked. We will continue to consider what further action or measures might be needed. We're working towards getting that last five per cent to make it 100 per cent.

In terms of how we actually achieve that, we have some very tough penalties in place. For example, the maximum penalty for possession of child pornography is five years. For the production and distribution of that is up to 10 years. So there's some tough penalties in place. So basically the short answer is that we use self regulation and tough penalties.

CS: Is the IWF allowed to view illegal content in its office, given that it is not a government body? If so, why? Is there a special licence that is required, and how many other organisations have this permission?

HO: The IWF doesn't perform that role itself. What it does is provide a list of websites containing illegal images to industry members, and then they themselves block access to those websites.

CS: Doesn't the IWF have to visit illegal websites and download child pornography in order to compile that list?

HO: They have a list of websites with illegal images. It's something that we don't physically do ourselves, as it were.

CS: If I were to go online and start looking at child pornography, obviously that would be illegal. So for the IWF to do that, they must have been given some sort of licence to be able to do that?

HO: Well they don't do that themselves, to be honest it's better to ask them how they actually do that.

CS: I have asked them. They told me they get reports from consumers about potentially illegal websites, and then they investigate suspected child pornography websites. It would be illegal if consumers were to take that responsibility upon themselves, so wouldn't the IWF need some sort of permission?

HO: Sure, to carry that function, they need to delete that, so yes they have that.

CS: So they have an official licence to visit child pornography websites?

HO: Not as such, no. But it's not illegal to delete such images, it's illegal to actually possess it, produce it or reproduce it - it's not illegal to delete it, which is what they do.*

*(The IWF does not delete any content. It reports illegal websites to the government and law enforcement agencies, who investigate the individuals involved and take down offending websites.)

CS: How does the government make sure that the IWF's list is only blocking illegal content?

HO: We meet with the IWF fairly regularly for updates on how they're doing. So that's what is undertaken.

CS: How can ISPs block access to child pornography websites without relying on the IWF? Is it possible?

HO: Well, the IWF doesn't actually block them, what it does is provide a list of dodgy websites to ISPs, and they then undertake the blocking work.

CS: If an ISP, for one reason or another, did not want to subscribe to the IWF's blacklist, is there an alternative that they can use?

HO: How do you mean an alternative?

CS: Well, does the government have its own blacklist that ISPs could use?

HO: No, it's something that we do with the IWF.

CS: So there is no official government body that ISPs can rely on to help them. They have to use this independent organisation?

HO: Well indeed, yes. That's right.

CS: So the government is telling ISPs that they have to block all child pornography websites and it's telling them that they have to use the IWF's blacklist to do that?

HO: Well indeed yes, we believe that's the best vehicle for it.

97 comments:

holizz said...

I'm pretty sure it's legal to view CP in aid of law enforcement, so what the IWF is doing _might_ be legal if you consider what they're doing to be law enforcement. The government certainly likes what they're up to so I'm sure they could get some sort of certificate to clear up the ambiguity.

But the fact that the Home Office believes that the IWF bans URLs without checking what they point to is very worrying. Almost as worrying as the fact that they're pushing a secret blacklist on the population.

AAISP said...

Its not just Zen that have concerns. We at AAISP also do, see http://aaisp.net.uk/news-censorship.html

The other thing that the interview did not raise is that the ISPs don't block the content other than just http (web site requests). I suspect the govermnet think that they are actually stopping people get the CP somehow!

ISPs uses can access such content using https, ftp, usenet, p2p, irc, vpn, email, and so on. As I understand it the IWF only claim to try and stop people accidentally coming across CP and they don't stop anyone actually wanting the material getting it very easily.

localoptimum said...

I also delete vast swathes of the internet. If I see a page I don't like, I just push the delete key. It works for me, so it must work for these guys too :P

Malcolm Hutty said...

The IWF rely on s46 of the Sexual Offences Act 2003 ("Exceptions for criminal proceedings, investigations etc"), and on s.160(2)(a) of the Criminal Justice Act 1988, that they had a legitimate reason for possession of the image.


Note that the s46 defence applies to "making" an indecent photograph of a child; that doesn't mean the IWF take such photos (of course not!) but that is the offence you can be charged with if you download such an image (copying to computer disk - or even memory - is legally said to be "making" an image).

Pinko1 said...

I believe that the IWF, under instruction from the Home Office, has added large numbers of web pages that it finds embarassing. I believe that this practice began shortly after a journalist was able to find the original paper on which the 'Dodgy Dossier' was based. I would love to be proved wrong in my belief, but I can find no evidence to the contrary...

Anonymous said...

Well, where I live the police have undertaken the hotline, the checking of illegal sites, downloading, investigation and victim identification related to blocking. The ISPs have contracts with the police to do the actual blocking, based on police generated lists of sites. We have a system like the UK, along with about 10 other countries, that all cooperate and share the child abuse sites they find (police to police).

I think the police are better at investigating and handling stuff like this. The police here say that such images are evidence of a crime committed against a child, and only the police should handle evidence in criminal cases. I agree :)

When you are blocked in my country, you get a page that actually tells you that you are blocked. I think that is very transparent, but as I understand it: In the UK you do not get page like that?

clune.org said...

The IWF are covered by the MOU between the CPS and APO

http://www.cps.gov.uk/publications/docs/mousexoffences.pdf

Anonymous said...

Little questioning of the looking-glass world.

The interview and comments refer repeatedly to "child pornography" and the Home Office racks this up to "child abuse websites", but what is illegal in the UK is to possess or make an 'indecent' images of a person under 18.

'Indecent' doesn't have a fixed meaning, being a fact for the jury, who will generally be guided by prosecution experts. It certainly includes mere nudity, and has been found to include tight clothes, or come-hither looks in the entirely dressed, on occasion.

'Image' can include a photograph or "pseudo-photograph", so a teenager's head photoshopped onto an adults body is an indecent image of a minor.

Possession and making are a strict liability offences. 'Making' includes copying or downloading. If you own a copy of the Sun from the 80s with Sam Fox on page 3 at 16 and 17, then you commit it. If you scan that as your screensaver, then you are 'a manufacturer of child pornography' in the terms of this debate. Which makes the News of the World's own archive a child abuse site, in home office terms.

Illegal images don't have to involve any objective harm to anyone. It is now the other way round: if a court can be persuaded to convict (or a defendant can be persuaded to plead gulty, or police can be persuaded to seize, or the IWF can be persuaded to block), then the existence of the relevant image is taken in the official ideology to consitute child abuse.

There's no official licensing of vigilantes and "experts"; it is just they are mates of the Home Office and therefore their motives are deemed pure and they don't risk prosecution, which is always a matter of discretion. (I guess the NoTW, which is a big driver of paedo-panic is not prosecuted on the same basis.)

Don't you know that censors are by definition able to view what they deny to others without damage? It is the innate infrangible moral righteousness conferred by office. And that seems to work even if, as in the case of IWF, they are self-appointed vigilates.

Anonymous said...

How about these. One is quite funny and the other is chilling.

Australia Blocked List Leaked
http://www.theregister.co.uk/2009/03/19/australia_list_leaked/

Belgium Secret Blocked List Decided by Police, not the Courts
http://www.theregister.co.uk/2009/01/23/belgium_censorship/

Mukkinese said...

Who gets to see what is on this blacklist? We know that ministers "meet" with the IWF, but what are the criteria for inclusion on the blacklist and who checks that these are being met? Is there a monitoring group, an ombudsman or a parliamentary committee overseeing this "dynamic" censorship?

It may well be that the list is completely above board and reasonable, but how do we know. Should we simply trust ministers to do the right thing?

Personally, I wouldn't trust a minister or lobby group, of any political colour, as far as I could throw them.

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Anonymous said...

So some people is getting paid to watch child porn? That's just insane.

Why not send the police directly to the people who sent in complaints about the web sites in the first place?

They have obviously visited the web sites in question, and thus are have been "in possession". Easy evidence, easy work for the police and success rates for these crimes would skyrocket.

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I am quite surprised. How do they go and arrest people for downloading the illegal content, based on third party info? It is government's job to insure that we are not delivered the content accidentally. There must be a auto blocking in place. From the quotes I can see that there is not and this is worrying.

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kaycee said...

Child abuse must be something that we all must be responsible of. Blocking of those child-abuse sites is not a laughing matter.

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