Melon Farmers Original Version

Internet Porn Censorship


2019: Jan-March

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Updated: The State of Play...

Age verification and UK internet porn censorship


Link Here31st March 2019
The Government has been very secretive about its progress towards the starting of internet censorship for porn in the UK. Meanwhile the appointed internet porn censor, the BBFC, has withdrawn into its shell to hide from the flak. It has uttered hardly a helpful word on the subject in the last six months, just at a time when newspapers have been printing uniformed news items based on old guesstimates of when the scheme will start.

The last target date was specified months ago when DCMS minister Margot James suggested that it was intended to get the scheme going around Easter of 2019. This date was not achieved but the newspapers seem to have jumped to the conclusion that the scheme would start on 1st April 2019. The only official response to this false news is that the DCMS will now be announcing the start date shortly.

So what has been going on?

Well it seems that maybe the government realised that asking porn websites and age verification services to demand that porn users identify themselves without any real legal protection on how that data can be used is perhaps not the wisest thing to do. Jim Killock of Open Rights Group explains that the delays are due to serious concerns about privacy and data collection:

When they consulted about the shape of age verification last summer they were surprised to find that nearly everyone who wrote back to them in that consultation said this was a privacy disaster and they need to make sure people's data doesn't get leaked out.

Because if it does it could be that people are outed, have their relationships break down, their careers could be damaged, even for looking at legal material.

The delays have been very much to do with the fact that privacy has been considered at the last minute and they're having to try to find some way to make these services a bit safer. It's introduced a policy to certify some of the products as better for privacy (than others) but it's not compulsory and anybody who chooses one of those products might find they (the companies behind the sites) opt out of the privacy scheme at some point in the future.

And there are huge commercial pressures to do this because as we know with Facebook and Google user data is extremely valuable, it tells you lots about what somebody likes or dislikes or might want or not want.

So those commercial pressures will kick in and they'll try to start to monetise that data and all of that data if it leaked out would be very damaging to people so it should simply never be collected.

So the government has been working on a voluntary kite mark scheme to approve age verifiers that can demonstrate to an auditor they will keep user data safe. This scheme seems to be in its early stages as the audit policy was first outlines to age verifiers on 13th March 2019. AvSecure reported on Twitter:

Friday saw several AV companies meet with the BBFC & the accreditation firm, who presented the framework & details of the proposed scheme.

Whilst the scheme itself seems very deep & comprehensive, there were several questions asked that we are all awaiting answers on.

The Register reports that AgeID has already commissioned a data security audit using the information security company, the NCC Group. Perhaps that company can therefore be rapidly approved by the official auditor, whose identity seems to being kept secret.

So the implementation schedule must presumably be that the age verifiers get audited over the next couple of months and then after that the government can give websites the official 3 months notice required to give websites time to implement the now accredited age verification schemes.

The commencement date will perhaps be about 5 or 6 months from now.

Update: Announcement this week

31st March 2019. See  article from thetimes.co.uk

The government is expected to announce a timetable on Wednesday for the long-awaited measure to force commercial providers of online porn to check users' ages.

 

 

Someone's telling stories...

The BBFC has made a pretty poor show of setting out guidelines for the technical implementation of age verification, and now the Stop Age Verification campaign has pointed out that the BBFC has made legal errors about text porn


Link Here25th March 2019
The BBFC seems a little behind the curve in its role as porn censor. Its initial draft of its guidelines gave absolutely no concern for the safety and well being of porn users. The BBFC spoke of incredibly sensitive identity and browsing date being entrusted to adult websites and age verifiers, purely on the forlorn hope that these companies would follow 'best practice' voluntary guidelines to keep the data safe. The BBFC offered next to no guidelines that defined how age verification should work and what it really needs to do.

As time has moved on, it has obviously occurred to the BBFC or the government that this was simply not good enough, so we are now waiting on the implementation of some sort of kite marking scheme to try to provide at least a modicum of trust in age verifiers to keep this sensitive data safe.

But even in this period of rework, the BBFC hasn't been keeping interested parties informed of what's going on. The BBFC seem very reluctant to advise or inform anyone of anything. Perhaps the rework is being driven by the government and maybe the BBFC isn't in a position to be any more helpful.

Anyway it is interesting to note that in an article from stopageverification.org.uk , that the BBFC has been reported to being overstepping the remit of the age verification laws contained in the Digital Economy Act:

The BBFC posts this on the Age verifiers website :

All types of pornographic content are within the scope of the legislation. The legislation does not exclude audio or text from its definition of pornography. All providers of commercial online pornography to persons in the UK are required to comply with the age-verification requirement.

Except that's not what the legislation says :

Pornographic material is defined in s.15 of the act. This sets out nine categories of material. Material is defined in that section (15(2) as material means204 (a) a series of visual images shown as a moving picture, with or without sound; (b) a still image or series of still images, with or without sound; or (c) sound;

It clearly doesn't mention text.

The BBFC need to be clear in their role as Age Verifier. They can only apply the law as enacted by Parliament. If they seek to go beyond that they could be at risk of court action.

 

 

Commented No they're not thinking of the children...

The Guardian suggests that the start of internet porn censorship will be timed to help heal the government's reputational wounds after the Brexit debacle


Link Here 25th March 2019
The Observer today published an article generally supporting the upcoming porn censorship and age verification regime. It did have one interesting point to note though:

Brexit's impact on the pornography industry has gone unnoticed. But the chaos caused by the UK's disorderly exit from the European Union even stretches into the grubbier parts of cyberspace.

A new law forcing pornography users to prove that they are adults was supposed to be introduced early next month. But sources told the Observer that it may not be unveiled until after the Brexit impasse is resolved as the government, desperate for other things to talk about, believes it will be a good news story that will play well with the public when it is eventually unveiled.

Comment: The illiberal Observer

25th March 2019. Thanks to Alan

Bloody hell! Have you seen this fuckwittage from the purportedly liberal Observer?

Posh-boy churnalist Jamie (definitely not Jim) Doward regurgitates the bile of authoritarian feminist Gail Dines about the crackpot attempt to stop children accessing a bit of porn. This is total bollox.

It's getting on for sixty years since I spotted that my girl contemporaries were taking on a different and interesting shape - a phenomenon I researched by reference to two bodies of literature: those helpful little books for the amateur and professional photographer in which each photo of a lady was accompanied by F number and exposure time and those periodicals devoted to naturism. This involved no greater subterfuge than taking off my school cap and turning up my raincoat collar to hide my school tie. I would fervently hope that today's lads can run rings round parental controls and similar nonsense.

 

 

Offsite Article: Britain's Pornographer and Puritan Coalition...


Link Here 21st March 2019
Backlash speculates that the UK's upcoming porn censorship will play into the hands of foreign tube site monopolies

See article from backlash.org.uk

 

 

Offsite Article: Don't be a verified idiot...get a VPN!...


Link Here18th March 2019
The Daily Mail highlights the dangers of identity checks for porn viewers and notes that the start date will be announced in April but could well be several months before is fully implemented

See article from dailymail.co.uk

 

 

Offsite Article: Don't be a verified idiot...


Link Here16th March 2019
Get a VPN. The Guardian outlines some of the dangers of getting age verified for porn

See article from theguardian.com

 

 

Offsite Article: Is It Time for Porn to Retire the Money Shot?...


Link Here16th March 2019
An in your face debate was sparked online this week in the adult-entertainment community.

See article from thedailybeast.com

 

 

Offsite Article: A review of age verification methods...


Link Here 14th March 2019
This is how age verification will work under the UK's porn censorship law

See article from wired.co.uk

 

 

Where there's a will...

Despite banning internet porn Uganda finds that its 6th most visited website is porn555.com


Link Here13th March 2019
Full story: Internet Censorship in Uganda...Banning VPNs and taxing social media
Despite the prevailing porn ban in Uganda, it can safely be said that pornographic materials and information has never been more consumed than now. The latest web rankings from Alexa show that Ugandans consume more pornographic materials and information than news and government information, among other relevant materials.

The US website Porn555.com is ranked as the 6th most popular website in Uganda, ahead of Daily Monitor, Twitter, BBC among others.

The country's internet censors claim to have blocked 30 of the main porn websites so perhaps that is the reason for porn555 to be the most popular rather then the more obvious PornHub, YouPorn, xHamster etc.

 

 

Offsite Article: What could possibly go wrong?...


Link Here13th March 2019
UK porn censorship risks creating sex tape black market on Twitter, WhatsApp and even USB sticks

See article from thescottishsun.co.uk

 

 

Offsite Article: Best VPNs to avoid the UK's Porn Age Verification...


Link Here 10th March 2019
At least somebody will do well out of porn censorship

See article from vpncompare.co.uk

 

 

Maybe realisation that endangering parents is not a good way to protect children...

Sky News confirms that porn age verification will not be starting from April 2019 and notes that a start date has yet to be set


Link Here6th March 2019

Sky News has learned that the government has delayed setting a date for when age verification rules will come into force due to concerns regarding the security and human rights issues posed by the rules. A DCMS representative said:

This is a world-leading step forward to protect our children from adult content which is currently far too easy to access online.

The government, and the BBFC as the regulator, have taken the time to get this right and we will announce a commencement date shortly.

Previously the government indicated that age verification would start from about Easter but the law states that 3 months notice must be given for the start date. Official notice has yet to be published so the earliest it could start is already June 2019.

The basic issue is that the Digital Economy Act underpinning age verification does not mandate that identity data and browsing provided of porn users should be protected by law. The law makers thought that GDPR would be sufficient for data protection, but in fact it only requires that user consent is required for use of that data. All it requires is for users to tick the consent box, probably without reading the deliberately verbose or vague terms and conditions provided. After getting the box ticked the age verifier can then do more or less what they want to do with the data.

Realising that this voluntary system is hardly ideal, and that the world's largest internet porn company Mindgeek is likely to become the monopoly gatekeeper of the scheme, the government has moved on to considering some sort of voluntary kitemark scheme to try and convince porn users that an age verification company can be trusted with the data. The kitemark scheme would appoint an audit company to investigate the age verification implementations and to approve those that use good practises.

I would guess that this scheme is difficult to set up as it would be a major risk for audit companies to approve age verification systems based upon voluntary data protection rules. If an 'approved' company were later found to be selling, misusing data or even getting hacked, then the auditor could be sued for negligent advice, whilst the age verification company could get off scot-free.

 

 

AgeID scarily will require an email address and ID to view PornHub...

There's also a rather unconvincing option to use an app, but that seems to ID your device instead


Link Here4th March 2019
Pornhub and sister websites will soon require ID from users before being able to browse its porn.

The government most recently suggested that this requirement would start from about Easter this year, but this date has already slipped. The government will give 3 months notice of the start date and as this has not yet been announced, the earliest start date is currently in June.

Pornhub and YouPorn will use the AgeID system, which requires users to identify themselves with an email address and a credit card, passport, driving licence or an age verified mobile phone number.

Metro.co.uk spoke to a spokesperson from AgeID to find out how it will work (and what you'll actually see when you try to log in). James Clark, AgeID spokesperson, said:

When a user first visits a site protected by AgeID, a landing page will appear with a prompt for the user to verify their age before they can access the site.

First, a user can register an AgeID account using an email address and password. The user verifies their email address and then chooses an age verification option from our list of 3rd party providers, using options such as Mobile SMS, Credit Card, Passport, or Driving Licence.

The second option is to purchase a PortesCard or voucher from a retail outlet. Using this method, a customer does not need to register an email address, and can simply access the site using the Portes app.

Thereafter, users will be able to use this username/password combination to log into all porn sites which use the Age ID system.

It is a one-time verification, with a simple single sign-on for future access. If a user verifies on one AgeID protected site, they will not need to perform this verification again on any other site carrying AgeID.

The PortesCard is available to purchase from selected high street retailers and any of the UK's 29,000 PayPoint outlets as a voucher. Once a card or voucher is purchased, its unique validation code must be activated via the Portes app within 24 hours before expiring.

If a user changes device or uses a fresh browser, they will need to login with the credentials they used to register. If using the same browser/device, the user has a choice as to whether they wish to login every time, for instance if they are on a shared device (the default option), or instead allow AgeID to log them in automatically, perhaps on a mobile phone or other personal device.

Clark claimed that AgeID's system does not store details of people's ID, nor does it store their browsing history. This sounds a little unconvincing and must be taken on trust. And this statement rather seems to be contradicted by a previous line noting that user's email will be verified, so that piece of identity information at least will need to be stored and read.

The Portes App solution seems a little doubtful too. It claims not to log device data and then goes on to explain that the PortesCard needs to be locked to a device, rather suggesting that it will in fact be using device data. It will be interesting to see what app permissions the app will require when installing. Hopefully it won't ask to read your contact list.

This AgeID statement rather leaves the AVSecure card idea in the cold. The AVSecure system of proving your age anonymously at a shop, and then obtaining a password for use on porn websites seems to be the most genuinely anonymous idea suggested so far, but it will be pretty useless if it can't be used on the main porn websites.

 

 

The BBFC didn't turn up...

Open Rights Group met to discuss the BBFC's age verification scheme with its voluntary privacy protection


Link Here28th February 2019

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.

 

 

Updated: Waging war...

Bangladesh ISPs block porn and gambling on orders or the government .


Link Here26th February 2019
Bangladesh internet censors have blocked almost 20,000 websites as part of an anti-pornography campaign, a minister has reported.

ISPs have blocked pornography and gambling websites in the past week under orders from the telecommunications censor. war, Mustafa Jabbar, the posts and telecommunications minister, told AFP:

I want to create a safe and secure internet for all Bangladeshis, including children. And this is my war against pornography. And this will be a continuous.

Popular social media apps such as TikTok and Bigo - which authorities believe are misused - have also been blocked

Update: And of course the government took the opportunity to ban a few other things too

26th February 2019. See article from dw.com

While most of the blocked sites are foreign, a few local websites and social media platforms have also been targeted by the government censorship. One of these websites, somewhereinblog.net, is the largest Bengali-language community blog platform in the world.

The post and telecommunications minister blamed the site for spreading atheism in Bangladesh.

A group of 33 Bangladeshi university teachers, journalists, bloggers, and activists have demanded that the government lift the ban on the blog platform immediately.

 

 

Offsite Article: Perverse government...


Link Here26th February 2019
Full story: X Rated Ban in Australia...Xrated porn sales are banned in most states
Hardcore porn is illegal across the majority of Australia but it doesn't stop people getting their kicks on Pornhub

See article from news.com.au

 

 

Perhaps they were addicted to their research...

Despite a ban on porn doctors in India note a 75% increase in porn viewing and rather simplistically correlate this to an increase in the divorce rate


Link Here18th February 2019
Full story: Internet Censorship in India...India considers blanket ban on internet porn
According to a recent analysis, people in Hyderabad have taken an avid interest in viewing porn even though it has been banned. With the Union government banning 827 porn sites across the country, an increase of 75% has been seen in porn viewing in Hyderabad.

Hyderabad is among the many states which have seen an increase in porn viewership. On conducting a medical study, it was claimed that the increasing number of divorces can be attributed to psychological effects of porn addiction.

A survey published by DocOnline and conducted by city doctors, it was inferred that the obsession with pornography is effecting the sexual health of viewers. Dr Syed Abrar Kareem, a physician stated that porn gives rise to impractical sexual expectations which when not met, result in psycho-somatic disorders. Out of the 5,000 people chosen for the survey, 3,500 were men and 1,500 were women confessed to watching porn regularly.

A rise of 31% has been recorded in divorces and break-ups. Allegedly, the doctors have also seen an increase in impotency cases being brought to them due to the extreme involvement in virtual sex.

 

 

From the inventors of Hell, the Spanish Inquisition and witch finders...

Christian Concern calls on christians to monitor sado-masochism


Link Here13th February 2019
Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury
Christian Concern writes a long article criticising the relaxation of UK obscenity law and concludes:

We need your help to monitor the mainstreaming of sado-masochism and extreme pornography in British society from now on. Christians have a unique calling to shed the light of the Gospel on this problem, and to provide a witness to redemption in a society that has completely lost its way regarding sexual ethics.

See the full article from christianconcern.com

 

 

Offsite Article: Obscenity law liberalised...


Link Here12th February 2019
The Adam Smith Institute comments on the UK liberalisation of its obscenity law. By Nick Cowen

See article from adamsmith.org

 

 

Offsite Article: I love having fun on set...


Link Here11th February 2019
Common Myths About Porn, Debunked by Porn Performer Misha Mayfair

See article from broadly.vice.com

 

 

Offsite Article: The age of market dominance...


Link Here4th February 2019
The Register talks to Pornhub's Age ID about progress of UK Age verification schemes

See article from theregister.co.uk

 

 

So we - and our wives and servants, too - are finally going to be allowed to see fisting...

CPS relaxes its pornography guidelines so that fisting, golden showers, female ejaculation and many more can now be legally published in the UK


Link Here31st January 2019
Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury
The upcoming UK internet porn censorship regime being introduced later this year has set the UK authorities to thinking about a more rational set of laws governing what porn is legal and what porn is illegal in the UK. It makes a lot of sense to get the UK stall straight before the commencement of the new censorship regime.

The most contradictory area of porn law is that often referred to as 'beyond R18 porn'. This includes material historically banned by the Crown Prosecution Service (CPS) claiming obscenity, ie fisting, golden showers, BDSM, female ejaculation, and famously from a recent anti censorship campaign, face sitting/breath play. Such material is currently cut from R18s, as censored and approved by the BBFC.

When the age verification law first came before parliament, 'beyond R18' porn was set to be banned outright. However as some of these categories are commonplace in worldwide porn, then the BBFC would have had to block practically all the porn websites in the world, leaving hardly any that stuck to R18 guidelines that would be acceptable for viewing after age verification. So the lawmakers dropped the prohibition, and this 'beyond R18' material will now be acceptable for viewing after age verification. This leaves the rather clear contradiction that the likes of fisting and female ejaculation would be banned or cut by the BBFC for sale in UK sex shops, but would have to be allowed by the BBFC for viewing online.

This contradiction has now been squared by the government deciding that 'beyond R18' pornography is now legal for sale in the UK. So the BBFC will now have a unified set of rules, specified by the CPS, covering both the censorship of porn sales in the UK and the blocking of foreign websites.

This legalisation of 'beyond R18' porn will surely disappoint a few censorial politicians in the House of Lords, notably Elspeth Howe. She has already tabled a private members bill to restore the ban on any foreign websites including 'beyond R18' porn. Her bill has now been rendered mostly irrelevant.

However there is still one genre of pornography that is sticking out of line, and that is cartoon porn featuring under age characters. Such porn is widespread in anime but strictly banned under UK law. So given the large amounts of Japanese Hentai porn on the most popular tube sites in the world, then those videos could still be an issue for the viability of the age classification regime and could still end up with all the major porn sites in the world banned.

The new CPS censorship rules

The new rules have already come into force, they started on 28th January 2019.

A CPS spokesperson confirmed the change saying

It is not for the CPS to decide what is considered good taste or objectionable. We do not propose to bring charges based on material that depicts consensual and legal activity between adults, where no serious harm is caused and the likely audience is over the age of 18.

The CPS will, however, continue to robustly apply the law to anything which crosses the line into criminal conduct and serious harm.

It seems a little bit rich for the CPS to claim that It is not for the CPS to decide what is considered good taste or objectionable, when they have happily been doing exactly that for the last 30 years.

The CPS originally outlined the new rules in a public consultation that started in July 2018. The key proposals read:

When considering whether the content of an article is “obscene”, prosecutors
should distinguish between:

  • Content showing or realistically depicting criminal conduct (whether
    non-consensual activity, or consensual activity where serious harm is
    caused), which is likely to be obscene;
  • Content showing or realistically depicting other conduct which is lawful,
    which is unlikely to be obscene.

Do consultees agree or disagree with the guidance that prosecutors must exercise real caution when dealing with the moral nature of acts not criminalized by law, and that the showing or realistic depiction of sexual activity / pornography which does not constitute acts or conduct contrary to the criminal law is unlikely to be obscene?

The following conduct (notwithstanding previous guidance indicating otherwise) will not likely fall to be prosecuted under the Act:

  • Fisting
  • Activity involving bodily substances (including urine, vomit, blood and faeces)
  • Infliction of pain / torture
  • Bondage / restraint
  • Placing objects into the urethra
  • Any other sexual activity not prohibited by law

provided that:

  • It is consensual;
  • No serious harm is caused;
  • It is not otherwise inextricably linked with other criminality; and
  • The likely audience is not under 18 or otherwise vulnerable.

The CPS has now issued a document summarising the responses received and how the CPS has taken some of these responses onboard.

The CPS has already updated its rules in Revised Legal Guidance from cps.gov.uk . The key rules are now:

When considering whether the content of an article is "obscene", prosecutors should distinguish between:

  • Content relating to criminal conduct (whether non-consensual activity, or consensual activity where serious harm is caused, or otherwise inextricably linked to criminality), which is likely to be obscene;

  • Content relating to other non-criminal conduct, which is unlikely to be obscene, provided the audience is not young or otherwise vulnerable.

Conduct will not likely fall to be prosecuted under the Act provided that:

  • It is consensual (focusing on full and freely exercised consent, and also where the provision of consent is made clear where such consent may not be easily determined from the material itself); and

  • No serious harm is caused (whether physical or other, and applying the guidance above at paragraph 17); and

  • It is not otherwise inextricably linked with other criminality (so as to encourage emulation or fuelling interest or normalisation of criminality); and

  • The likely audience is not under 18 (having particular regard to where measures have been taken to ensure that the audience is not under 18) or otherwise vulnerable (as a result of their physical or mental health, the circumstances in which they may come to view the material, the circumstances which may cause the subject matter to have a particular impact or resonance or any other relevant circumstance).

Note that extreme pornography is considered illegal so will likely be considered obscene too. But the CPS adds a few additional notes of harmful porn that will continue to be illegal:

Publications which show or depict the infliction of serious harm may be considered to be obscene publications because they show criminal assault notwithstanding the consent of the victim. This includes dismemberment and graphic mutilation. It includes asphyxiation causing unconsciousness, which is more than transient and trifling, and given its danger is serious.

So it seems that breath play will be allowed as long as it doesn't lead to unconsciousness. Another specific rule is that gags do not in themselves imply a lack of consent:

Non-consent for adults must be distinguished from consent to relinquish control. The presence of a gag or other forms of bondage does not, without more, suffice to confirm that sexual activity was non-consensual.

The BBFC changes its R18 rules

The BBFC has several roles, it works in an advisory role when classifying cinema films, it works as an independent and mandatory censor when classifying mainstream videos, but it works directly under government rules when censoring pornographic films. And in this last role, it uses unpublished guidelines based on rules provided by the CPS.

The BBFC has informed BBC News that it will indeed use the updated CPS guidelines when censoring porn. The BBC explains:

The BBFC's guidelines forbid material judged to be obscene under the current interpretation of the Obscene Publications Act.

A spokeswoman told the BBC: Because the Obscene Publications Act does not define what types of material are likely to be considered obscene, we rely upon guidance from the Crown Prosecution Service (CPS) as to what classes of material they consider likely to be suitable for prosecution.

We are aware that the CPS have updated their guidance on Obscene Publications today and we have now adjusted our own internal policies to reflect that revised guidance.

Myles Jackman And Pandora Blake

And a thank you to two of the leading campaigners calling for the CPS to lighten up on its censorship rules.

Obscenity lawyer Myles Jackman, who has campaigned for these changes for a number of years, told Yahoo News UK that the change had wider implications for the law. He said:

"It is a very impressive that they've introduced the idea of full and freely exercised consent in the law.

"Even for people with no interest in pornography this is very important for consent and bodily autonomy."

Activist and queer porn filmmaker Pandora Blake, who also campaigned to have the ban on the depiction of certain sex acts overturned, called the news a 'welcome improvement'. They said:

"This is a happy day for queer, feminist and fetish porn."

Acts that were banned that can now be depicted include:

  • Spanking

  • BDSM

  • Female ejaculation

  • Urinating (also known as watersports)

  • Strangling

  • Face-sitting

  • Fisting

  • Humiliation

 

 

Unsurprising result from one side of the debate...

InternetMatters.org publishes a survey showing that 83% of parents support age verification for porn


Link Here 23rd January 2019
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

 

 

Updated: Then they came for the VPNs...

Indian ISP starts blocking websites of VPN providers


Link Here22nd January 2019
Full story: Internet Censorship in India...India considers blanket ban on internet porn

The India ISP Jio has upped the ante in internet porn censorship as it has decided to block the websites of VPN providers.

Following a court decision in India requiring that the country ban access to online porn, reports began to emerge in October that internet access providers had begun blocking as many as 827 adult sites.

But now the Indian telecom firm may be going a step further, thwarting attempts by users in its 250-million strong subscriber base to find workarounds to the ban using Virtual Private Network (VPN) software.

Jio appears to have blocked access to proxy sites where the VPN software can be downloaded, according to the report.

Update: Censoring ISP loses customers

22nd January 2019. See  article from avn.com

There are now signs that Reliance Jio may be suffering blowback from its enthusiastic support of the porn ban, seeing an overall drop in traffic by its users for the final quarter of 2018, with the average Jio customer dropping data use from an average of 11 gigabytes per month to 10.8 gigs, according to a report by The Hindu newspaper.

Asked whether the drop in data use by its customers was a result of the ban on porn sites, Jio official Anshuman Thakur replied, Yes, you could say that.

Jio's new subscriber signups also dropped in the last three months of 2018, to 27.8 million new subscribers during that period, when the porn ban took effect, from 37 million in the previous quarter.

 

 

Unprotected sex...

Gay website closes as user fears of being outed via age verification makes the site too dangerous for it to be viable


Link Here17th January 2019
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.

 

 

Fill your boots whilst you still can...

British porn viewers are reported to be building up their collections ahead of the introduction of censorship and age verification


Link Here 13th January 2019
UK-based porn viewers seem to be filling their boots before the government's age check kicks in as traffic to xHamster rose 6% in 2018

According to xHamster's Alex Hawkins, the trend is typical of countries in which plans to block online pornography becomes national news. It seems the more you talk about it, the more people feel invested in it as a right, he said.

The government has promised a minimum of three months for industry and the public to prepare for age verification, meaning they are likely to come into force around Easter. However this is a little unfair to websites as the BBFC has not yet established the process by which age verification services will be kitemarked and approved as promising to keep porn viewers identity and/or browsing history acceptably safe. For the moment websites do not know which services will be deemed acceptable.

Countries that have restrictions already in place showed, unsurprisingly, a decline in visitors. Traffic from China fell 81% this year, which xHamster put down to the nation's ban on VPNs and $80,000 cash rewards for people who shopped sites hosting illegal content, like porn.

Elsewhere, the report showed an increase in the number of female visitors to the site -- up 42% in the US and 12.3% worldwide -- a trend Hawkins predicted would continue into 2019.

 

 

The dangers lurking behind age verification schemes...

UK internet porn censorship marches on with the publication of a new law supporting age verification


Link Here 11th January 2019
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.

 

 

Appealing choice...

A chair has been appointed for independent appeals panel for the age verification


Link Here9th January 2019

Kirsty Brimelow QC is the new chairwoman of the independent appeals panel for the age verification regime of the British Board of Film Classification. The panel will oversee attempts to prevent children gaining access to adult content online. The initial term is for 3 years in the post

 

 

In a week when the GDPR didn't do anything to stop German politicians' private data being published...

A parliamentary committee suggests that perhaps the government ought to monitor how age verification requirements endanger porn viewers


Link Here6th January 2019
Parliament's Regulatory Policy Committee (RPC) has reported that the government's approach to internet porn censorship and age verification is fit for purpose, but asks a few important questions about how safe it is for porn viewers.

The RPC was originally set up a decade ago to help cut red tape by independently checking government estimates of how much complying with new laws and regulations would cost the private sector. Of curse all it has achieved is to watch the western world suffocate itself in accelerating red tape to such a point that the west seems to be on a permanent course to diminishing wealth and popular unrest. One has to ask if the committee itself is fit for purpose?

Anyway in the subject of endangering porn users by setting them up for identity thieves, blackmailers and scammers, the authors write:

Risks and wider impacts. The Impact Assessment (IA) makes only limited reference to risks and wider impacts of the measure. These include the risk that adults and children may be pushed towards the dark web or related systems to avoid AV, where they could be exposed to illegal activities and extreme material that they otherwise would never have come into contact with. The IA also recognises numerous other wider impacts, including privacy/fraud concerns linked to inputting ID data into sites and apps.

Given the potential severity of such risks and wider impacts, the RPC believes that a more thorough consideration of each, and of the potential means to mitigate them, would have been appropriate. The RPC therefore recommends that the Department ensures that it robustly monitors these risks and wider impacts, post-implementation.




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