ISPs Warn Europe — Website Blocks Don't Work
Mark.JUK writes "The European Internet Services Providers Association has today warned the European Union that plans aimed at tackling online child sexual abuse content, which propose to force ISPs into adopting mandatory website blocking (censorship) technology, will not work because such methods are easy to circumvent; an ISP might cover your eyes but anybody can still take the blindfold off. Instead the EuroISPA has called for members of Parliament to consider permanently removing Internet-based child sexual abuse content at source, although this also runs into problems when the servers are based outside of your jurisdiction."
EU: You say it's impossible? Pick one: do it anyway, stop being an ISP, or go to jail. Also, you get to work out the implementation and we get to determine if you're doing it right.
No one proposes banning pawn shops and second hand shops just because these are used by the criminal element to fence stolen goods. Legitimate businesses or structures are sadly used to illicit ends. You deal with crimes as they happen, not try all manner of questionable laws that infringe on civil liberties in the vain hope that somehow you can prevent crimes from happening.
The only thing filtering will do is catch the more inept child porn producers and consumers. The smart ones have a command of the technical aspects of the networks they swap their foul evil on. The best we can hope to do with child porn, like any criminal act, is create savvy enough investigators to catch and prosecute them.
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I call this bullshit.
Look at banks. When a fake bank site goes up, it only takes hours sometimes a few days for it to be taken down after it was asked. Anywhere in the world.
But it is probably better not to take the site down, but to collect IP-addresses and so on anyway.
New things are always on the horizon
I imagine that once the technology is in place, it's use will be expanded. How long before the big copyright organisations start lobbying for laws to add major copyright infringing websites to the list, thus allowing them to finally be rid of the pirate bay?
No, any ISP-level sex blocking should pass the legal porn test. Which also means it's almost impossible to block it automatically, that's why these filters are planned to use manually updated (and probably secret) blacklists.
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Here's the problem I see -- it's not that blocking sites is infeasible and ineffective, and it's not that an ISP can't do it anyways, because they can. The problem I see is that when/if an ISP does implement a censor, no matter how ineffective, it will be abused and legitimate content will be blocked for legitimate users. Child porn will still be out there, and the people who participate in that industry will at best be inconvenienced -- it's the legitimate content that accidentally or maliciously gets caught in the crossfire that concerns me. The potential for good approaches zero, and the possible harm is non-negligable. This is why it shouldn't be implemented.
It turns out that child pornography is illegal in every country on earth that has any Internet infrastructure worth mentioning.
Perhaps illegal, but if you look at countries where enforcement is either not a priority or is only done when requested by the politically powerful, including by foreign governments that the local government is or wants to be on good terms with, the numbers change.
For a good starting point go back to the mid-1990s and count the number of countries that either had no laws outlawing child porn or no or minimal enforcement despite ample evidence it was happening.
Oh, another set of issues with child porn enforcement:
* Not everyone agrees what "underage" is. As you pointed out, in some countries you are underage until you die for porn purposes. In other countries the age to be a legal porn actress is higher or lower than America's 18.
* Not every person agrees what "porn" is. In some cultures, it includes animated or computer-generated imagery. In others it includes sexually provocative non-nude imagery. In some cultures all nudity is presumed to be porn unless it's obviously not, such as a medical photo. In others such as America the definition shifts across time and localities - what may be "child porn" in one city may be "legitimate art" in another, what may be considered art today may be considered pornographic in a generation.
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