If it was not bad enough with the Investigatory Powers Act passing in to law, we are now facing another wave of
stupid and dangerous law - the
Digital Economy Bill.
Several people have written some good pieces on that - see one of the latest by
Jim Killock of Open Rights Group.
What problem are they trying to address?
"THINK OF THE CHILDREN!"
Seriously, it is not clear what the specific problem is here - but the Government have been after porn sites for a long time. Those of us that are cynical see this as just one more step in censoring the Internet, one small justification for more filters and laws to back them, so that more and more can later be added to the filtering lists over time.
I will be delighted if someone reading this has some concrete evidence of studies showing what problem exists to be solved. Are there any MPs that did not see porn before 18 (or a pig's head maybe?).
Personally I see two issues, the first is younger children inadvertently encountering unsavoury content on the Internet. This is easy to address with existing tools and some education of parents. The second is older children that want to access porn on the Internet but are not yet 18 (e.g. people that are 16, can fight in the army, and can get married and have sex, those sort of people as well as those a few years younger). This is not a "problem" to solve - teenage kids have accessed porn, probably forever, and long before the Internet. The only problem is where they see porn as "reality" rather than "entertainment and fiction", and that is solved by education. No amount of blocking will ever stop a teenage kid accessing porn if they want to and that is a simple fact!
What is the solution they propose?
There are two key parts here, both of which have huge issues.
1.
Age verification on porn sites. Unlike whisky selling web sites that have "Are you over 18? Yes/No", they mean something that can actually validate that you are over 18.
This is serious - a lot of people (adults) access porn. It is not unusual. However, the fact that people access porn, and the specific preferences for people's fantasies is very personal information - sensitive personal information which is valuable to criminals, may be very embarrassing, and usable for blackmail and who knows what else. Remember, until surprisingly recently a preference for same sex relationships would make you a criminal suspect! If anything, it is one's sexual preferences that are perhaps one of the main reasons for the basic human right to a private life.
The only real way to do any sort of age verification is to identify the user somehow. This is a huge challenge to do "over the Internet". Almost anything that can be used to identify a person can be copied and used by their teenage kid - and something like a credit card is one of the easiest. Also, bear in mind, kids as young as 8 can legitimately get a pre-payment visa/mastercard now.
No matter how you try - the system will be flawed somehow (what can an adult type or do on a computer that a child cannot copy?).
But no matter what you try - there will be an association of the web site access with the identity of the person accessing it. Steps can be taken to try and avoid this linking together cleanly by some means, but ultimately there will be a link somewhere, and that allows for a huge database of sexual preferences for adults in the UK. That will get hacked or sold or both.
We are talking about a database of the sexual preferences of every UK adult! But I suppose the Investigatory Powers Act allows such a database to be created as well - at least tied to an Internet connection if not a person. This database will tie to specific people.
2.
Blocking of porn sites. Only UK sites would have to comply (putting them at a commercial disadvantage and hampering minority groups), so they propose that sites that do not comply can be blocked by an order on UK ISPs.
There is plenty of evidence that trying to block illegal sites that assist in copyright infringement in some way simply does not work. It is a massive game of "whack-a-mole" at best, and totally pointless at worst. This has been tried, and it simply does not work.
But trying to censor completely legitimate and legal web sites, which have financial and legal resources, is going to be a much bigger challenge. For a start, there are a lot of them, a hell of a lot. We are not talking of blocking one web site like piratebay, we are talking every single non UK porn web site that is not going to pay for UK age verification services - they would be much more successful investing in ways for UK "users" to bypass government censorship.
But as Jim Killock points out - the second "age verification" becomes the "norm" for UK porn "users", we see massive opportunity for fraud - porn sites that insist you have to enter card details to proceed and even quoting the UK law on this. Quote a law and link to it and the request seems legitimate. If all of the free sites vanish (unless you try a little to find them), then we will be swamped by the bogus sites collecting personal information. And there is almost no end to how much personal information they can ask for in the interests of "age verification" and a promise not to actually charge your card or log the details. There is no way for people to tell the "real" (and supposedly safe) age verification requests from the bogus ones, and there is a massive incentive for people that are defrauded to keep quiet rather than own up to the site they were trying to access. It will be a secret and undercover fraud that will be a nightmare to track down.
What is the right answer?
You have to assume there is a question/problem in the first place, which is not clear, but assuming there is one - what is the answer.
I think it is simple to say -
education is the answer, not censorship.
But I'll try and be a tad more helpful.
For young children you need education of parents and guardians on how to use the many tools available to them, and some education that the Internet is not the ultimate baby sitter. There are many tools - just installing any operating system these days will offer a range of "parental controls". There are safe-search settings on search engines and there are controls that can be set in most ISPs systems that offer filtering as an option. ISP filters tend to be whole house and so a tad crude but there are DNS based systems which are easier to set on a per computer basis and provide controls not only on content but times of day, etc. Lots of tools exist, in the control of the parent/guardian. Yes, they are easy for some teenage kid to bypass, but we are talking here of young children not trying to access porn, and for that all of these tools work well.
For older children that want to assess porn the first thing to realise is that there really is no point trying to stop them doing so - it will never work, sorry. But education matters. Along with sex education
you need education for teenagers about porn! I know it seems odd, but teenagers need to know porn exists, and that every type of porn and sexual preference you can imagine (and many you cannot) exist somewhere. They need to now that porn is entertainment and not reality. That it is fiction. That there are many things out there, with which they may feel uncomfortable, and that they have the choice of what they look at and what they do not. And that most of all they need to understand that it is not in any way a guide to any real relationship, just as many fictional and entertainment films are not a guide to real life. With some basic education people can enjoy porn, avoid things they do not enjoy, and still have meaningful sexual relationships in the real world.