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MPs charged with analysing Online Safety Bill say end-to-end encryption should be called out as 'specific risk factor'

(2021/12/14)


Britain's Online Safety Bill is being enthusiastically endorsed in a "manifesto" issued today by MPs who were tasked with scrutinising its controversial contents.

Parliament's Joint Committee on the Online Safety Bill published the report declaring the bill would let government ministers "call time on the Wild West online."

The committee, made up of MPs and peers from various political parties, was asked to carry out a serious analysis of the controversial legislation. Surprising some onlookers, its Conservative chairman, Damian Collins MP, used the committee's [1]193-page report to talk about what he described as a "wider manifesto" for Big Tech regulation.

[2]

Ministers have two months before they have to formally respond to the report. As drafted, the bill doesn't go far enough (in the committee's view) and ought to impose more bans and regulations on activities that take place over an internet connection – for example, "cyberflashing" (using Apple Airdrop and similar mobile device technologies to send obscene content to unwitting recipients), promotion of self-harm, posting adverts for online fraud, and so on.

[3]

[4]

"The Committee has set out recommendations to bring more offences clearly within the scope of the Online Safety Bill, give Ofcom the power in law to set minimum safety standards for the services they will regulate, and to take enforcement action against companies if they don't comply," said Collins in a canned statement.

Among other things, the committee called for:

"Safety controllers" to be appointed on the boards of tech platforms, criminally liable for "failure to comply with their obligations as regulated service providers"

Codes of practice issued by Ofcom to be made legally binding on social media platforms

Regulation of algorithms used to select and present content to social media users

Risk assessments to be carried out by Ofcom and platforms alike of the harm their services could cause to the public

It also said:

We recommend that end-to-end encryption should be identified as a specific risk factor in risk profiles and risk assessments. Providers should be required to identify and address risks arising from the encrypted nature of their services under the Safety by Design requirements.

[5]Government-favoured child safety app warned it could violate the UK's Investigatory Powers Act with message-scanning tech

[6]Campaigners warn of an 'algorithm-driven censorship' future if UK Online Safety Bill gets through Parliament

[7]Junior minister says gov.UK considering facial recognition to verify age of p0rn-watchers

[8]UK MPs' disinformation sub-committee is sure to bring Facebook chief to heel (in Opposites Land)

British legislators have been grappling with largely US-owned social media and web platforms failing to pay enough attention to increasingly loud demands for content censorship and for end-to-end encryption to be banned.

The bill's stated aim is protecting children from unsuitable content on the World Wide Web, though every political campaigning group imaginable (including [9]a pro-free speech group ) has weighed in during the general public debate about the bill.

[10]

The British Computer Society, the chartered institute for IT, praised the bill's focus on public risk assessments by platforms and nascent internet regulator Ofcom alike, but expressed reservations about exactly what legal duties it will impose.

"The Bill leaves a lot of definitions abstract, and much of the concrete expectations for what platforms will be asked to do will be set out in secondary legislation and Codes of Practice," said the BCS, "meaning it's currently very difficult to assess what exactly platforms will be asked to do to reduce harms and protect rights, and whether it will be sufficient."

Warnings about [11]the risks to free expression online of over-regulation have largely been ignored by the committee, whose members included politicians from the Conservative, Labour, SNP, and Lib Dem parties.

[12]

The bill's second reading in Parliament is expected this week as the government moves to make it legally binding. ®

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[1] https://committees.parliament.uk/committee/534/draft-online-safety-bill-joint-committee/publications/

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YbjNtoS8ZEWmO24hb-U@7AAAAAM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YbjNtoS8ZEWmO24hb-U@7AAAAAM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YbjNtoS8ZEWmO24hb-U@7AAAAAM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[5] https://www.theregister.com/2021/11/26/safetonet_message_scanning_legal_warning/

[6] https://www.theregister.com/2021/06/23/online_safety_bill_legal_type_legal_say/

[7] https://www.theregister.com/2019/10/18/gov_splashed_22m_on_failed_age_verification_policy/

[8] https://www.theregister.com/2019/04/02/parliament_dcms_subcommittee_disinformation/

[9] https://www.theregister.com/2021/06/23/online_safety_bill_legal_type_legal_say/

[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YbjNtoS8ZEWmO24hb-U@7AAAAAM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[11] https://www.theregister.com/2021/10/25/online_harms_dont_need_dangerous/

[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YbjNtoS8ZEWmO24hb-U@7AAAAAM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[13] https://whitepapers.theregister.com/



WhereAmI?

Here we go again... fuck safety and security, just 'think of the children'.

end-to-end encryption

a_yank_lurker

When I see a politician bloviate on banning end-to-end-encryption I wonder how much of the sum total of human knowledge has been destroyed (hat tip to Thomas Bracken 'Czar' Reed of Maine). Encryption, to be effective, has to be end-to-end as any point were there is plain text will allow someone to see the details which may be very sensitive.

Re: end-to-end encryption

elsergiovolador

But how are they going to see if you are conspiring against them?

It's OK, freedom of speech is a quintessentially British right

Anonymous Coward

Apparently, freedom of speech is a "quintessentially British right, the freedom that guards all the others". At least, according to Dominic Raab (Justice Secretary and deputy Prime Minister) in a speech regarding changes to the Human Rights Act:

https://www.bbc.co.uk/news/uk-59646684

Re: It's OK, freedom of speech is a quintessentially British right

Flywheel

freedom of speech is a "quintessentially British right"

It is, and if you're a British pleb it can land you in jail and/or a very expensive legal bill. Caveat Speaker .

Re: It's OK, freedom of speech is a quintessentially British right

CountCadaver

Unless of course your a wealthy public figure where you can say whatever you like as everyone knows you could bankrupt them in the courts, even cowing certain media outlets into not criticisng some public personas due to their sue happy nature.

Also if your views align with those of the ruling party where the govt will extend laws to protect your right to be bigoted and offensive, while declaring a "war" on those who oppose said bigotry

Re: It's OK, freedom of speech is a quintessentially British right

Primus Secundus Tertius

Freedom of speech is a right. But in Britain you have to accept responsibility for the consequences. This is fair and reasonable, unlike the USA where freedom of speech is a cynical shibboleth used to defend outrageously harmful words.

Hubert Cumberdale

Any attempt to ban encryption is like trying to ban pigs from being tasty: futile.

Ofcom codes of practice

Eclectic Man

"Codes of practice issued by Ofcom to be made legally binding on social media platforms"

I have to admit I am somewhat concerned that codes of practice issued for time to time by Ofcom would be legally binding without proper democratic oversight or debate. Yes, I know that our lords and masters in the Houses of Parliament can be ignorant and stupid at times, and maybe Ofcom is peopled with exceptionally astute and wise individuals, but to make any code of practice legally binding is surely the responsibility of parliament?

CountCadaver

Why am I reminded of the end of the republic in Star Wars where they all cheer at the announcement of an empire being created in the name of security and safety....

The face of war has never changed. Surely it is more logical to heal
than to kill.
-- Surak of Vulcan, "The Savage Curtain", stardate 5906.5