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IanCal 4 days ago

I'm not a fan of the OSA but proponents of it will *keep winning* if you *keep misrepresenting it*.

You can, and should, argue about the effects but the core of the OSA and how it can be sold is this, at several different levels:

One, most detailed.

Sites that provide user to user services have some level of duty of care to their users, like physical sites and events.

They should do risk assessments to see if their users are at risk of getting harmed, like physical sites and events.

They should implement mitigations based on those risk assessments. Not to completely remove all possibility of harm, but to lower it.

For example, sites where kids can talk to each other in private chats should have ways of kids reporting adults and moderators to review those reports. Sites where you can share pictures should check for people sharing child porn (if you have a way of a userbase sharing encrypted images with each other anonymously, you're going to get child porn on there). Sites aimed at adults with public conversations like some hobby site with no history of issues and someone checking for spam/etc doesn't need to do much.

You should re-check things once a year.

That's the selling point - and as much as we can argue about second order effects (like having a list of IDs and what you've watched, overhead etc), those statements don't on the face of it seem objectionable.

Two, shorter.

Sites should be responsible about what they do just like shops and other spaces, with risk assessments and more focus when there are kids involved.

Three, shortest.

Facebook should make sure people aren't grooming your kids.

Now, the problem with talking about " a total surveillance police state, where all speech is monitored," is where does that fit into the explanations above? How do you explain that to even me, a highly technical, terminally online nerd who has read at least a decent chunk of the actual OFCOM guidelines?

DonaldFisk 4 days ago | parent | next [-]

This isn't a new issue, and it predates the internet. There were publishers of magazines containing pornography (or anything else unsuitable for children). These were sold in shops. A publisher had to ensure that the material in the magazines was legal to print, but it wasn't their responsibility to prevent children from looking at their magazines, and it's difficult to see how that would even be possible. That was the responsibility of the people working in the shops: they had to put the magazines on the top shelf, and weren't allowed to sell them to children.

On the internet, people don't get porn videos directly from pornographic web sites, just as in the past they didn't buy porn directly from the publishers. The videos are split up into packets, and transmitted through an ad hoc chain of servers until it arrives, via their ISP, on their computer. The web sites are the equivalent of the publishers, and ISPs are the equivalent of the shops. So it would make a lot more sense to apply controls at the ISPs. And British ISPs are within the UK's jurisdiction.

And before anyone points out that there are workarounds that children could use to bypass controls, this was also the case with printed magazines.

HankStallone 4 days ago | parent | next [-]

I don't have a problem with holding companies responsible for the products they sell. But your analogy breaks down because the shop owner chooses the products to sell in his shop. The porn mags aren't in the shop unless he specifically arranges to sell them, so it's easy to say he's responsible for keeping kids away from them.

An ISP doesn't do that. A better match for an ISP would be the trucking company that hauls magazines (porn and otherwise) from publishers to shops, or the company that maintains the shop's cash register.

DonaldFisk 4 days ago | parent [-]

> I don't have a problem with holding companies responsible for the products they sell.

That's why I wrote, "A publisher had to ensure that the material in the magazines was legal to print." Web sites should also follow the laws of the countries where they are based, but not be required to follow other countries' laws. In the specific case here, a UK body is trying to collect daily fines from a US based web site (4chan.org) with no physical UK presence.

> An ISP doesn't do that.

For over a decade, they have been blocking traffic to/from web sites deemed unsuitable for children, by default. Which should make people wonder what this adult verification is actually for.

IanCal 4 days ago | parent | prev [-]

> but it wasn't their responsibility to prevent children from looking at their magazines

They weren't made to guarantee no child could peek at them, no, but they do have age restrictions that are followed (a child who picks one up couldn't buy it) and they were often on the top shelf. The kind of thing a basic risk assessment would flag "hey we keep the hardcore porn in front of the pokemon magazines...".

> The videos are split up into packets, and transmitted through an ad hoc chain of servers until it arrives, via their ISP, on their computer. The web sites are the equivalent of the publishers, and ISPs are the equivalent of the shops

The pictures emit photons which fly through the air to the child. The air is the shop.

Or for websites your computer is the shop.

The ISP is not the shop. Nor in the OSA is it viewed as such. The company who makes the service has some responsibility.

> So it would make a lot more sense to apply controls at the ISPs.

This fundamentally cannot work for what is in the OSA, and if you cannot see why almost immediately then you do not know what is in the OSA and cannot effectively argue against it. It is not a requirement to add age checks to porno sites.

ragequittah 4 days ago | parent | prev | next [-]

This seems like a misrepresentation of OSA more so than the parent post. It prevents people accessing content they may well need. Look at some of the subreddits being blocked if you want to see how far they go. Subs about periods, sex education, stopping smoking, suicide prevention, lgbtq. Not sure how you justify that nobody under 18 would ever have a need to access these things.

When you have to prove you're a child you have to prove you're and adult. The privacy implications of that are why it's a police state problem. It eliminates the anonymity and allows for perfect personal tracking of any wrongthink you may do.

It's also not the only thing the UK government has done to become a police state by a long shot. UK is 1984 adjacent in quite a few ways.

IanCal 4 days ago | parent [-]

Again that's a second order thing as I said, and those are choices by reddit - not mandated by the OSA.

> When you have to prove you're a child you have to prove you're and adult.

Again, not required by the OSA.

ragequittah 2 days ago | parent | next [-]

People interpreting the rules as they see fit and going too far was always the plan with this kind of thing. How do you keep content from children if you don't know if they're a child? What's the alternative to getting proof of being an adult?

salawat 3 days ago | parent | prev [-]

[dead]

alansammarone 4 days ago | parent | prev | next [-]

This is mostly true. It fails to mention "is the user a kid" is unverifiable without imposing identify verification, which implies that all speech (which is already monitored) is now self-censored, effectively turning the state in a surveillance state. You don't need to be throwing people in jail for that, having a credible means of identifying anyone online is enough.

IanCal 4 days ago | parent [-]

Age checks are not fundamentally required by the OSA. It's really, really important that if you want to argue against it you argue against what's actually in it.

alansammarone 3 days ago | parent [-]

I was not arguing against OSA, I was arguing about your point that there is nothing fundamentally wrong with "if there are kids involved, care should be taken". Yes there is, because we can't know if there are kids involved without turning into a surveillance state.

IanCal 3 days ago | parent [-]

Again that is a second order thing and is also not true. If it was all examples by ofcom would include age verification.

It’d be like saying an 18+ limit for buying booze means full DNA tracking because otherwise we don’t know if people are over 18 or just look it.

alansammarone 3 days ago | parent [-]

What? I'm not sure I follow your point, and I'm not sure why you're referencing something that is unrelated to my statement, so I'll just make my point in clearer way and leave it at that.

I completely disagree that even a tangentially related, much weaker concept ("having a list of IDs and what you've watched") is "second order" effect. This is a question relative to one's values, which is at the heart of the discussion, but as I'm concerned that cartoon version is a zeroth order effect - much more relevant than all the other points you make, which are at best less important (some might be completely irrelevant to me).

I couldn't care less about the technicalities cooked up by ofcom. Those will be left for a judge to decide and will depend on the political winds. Again, I'm just answering your point - "requiring X if kids are involved" is on the face of it obviously absurd and bad. And the analogy with alcohol, even though not great, might help make it clearer: to the extent that it is enforced, it is absolutely the case that it introduces a much weaker form of mass government surveillance.

The distinction clarifies the idea: if every store was required to check your ID digitally, in real time, and storing that information (which, mind you, makes it trivially accessible by anyone, in particular law enforcement), then the government has arbitrary power to stop anyone from buying anything ("oh, I see your ID is associated with X - sorry, we can't serve you right now" - replace X with your favorite group, idea, arbitrary law), to track their every movement (since you need to buy things fairly often), etc.

The scale and functioning of the internet is what distinguishes it from the physical space.

Just because you have a good master, doesn't mean you're free. You're only free when you're not not subject to anyone's good will towards you. I'm not an anarchist - there are real problems and there are laws that are necessary to solve these problems, your examples are clearly neither and so are on the face of it, absurd and laughable.

IanCal 3 days ago | parent [-]

Second order effects do not mean they're less important, perhaps that's the misunderstanding.

> I couldn't care less about the technicalities cooked up by ofcom.

Then you will be incapable of discussing it with anyone looking at how things are implemented and will continue to make assertions that don't match what they're seeing.

> if every store was required to check your ID digitally, in real time, and storing that information

Which has no parallel to what's in the OSA.

SV_BubbleTime 4 days ago | parent | prev | next [-]

You are covering for a bad law with “concern” because your chosen political party implemented it.

If I put you in a bottle and told you that it was “the fascists” that proposed and implemented this exact law you would be raging.

I personally, would appreciate the intellectual honesty on this. Thank you.

IanCal 4 days ago | parent [-]

> You are covering for a bad law

Read the post again. I am not. I am trying to show those against it that they are failing to argue effectively against it.

ang_cire 4 days ago | parent | prev [-]

> They should do risk assessments to see if their users are at risk of getting harmed, like physical sites and events.

The problem is when one group wants to impose their definition of harm on everyone else, saying that everyone else shouldn't be allowed to be 'harmed' even if they don't consider it as such. In the UK this is not unique to the OSA discussion(see the UK's anti-trans turn), and but it is very relevant.

IanCal 4 days ago | parent [-]

This is a very valid point and importantly one of the more detailed issues.

So it's a good one to start with when arguing against the OSA - you say harm but what does that mean? What must sites assume it could mean? And examples of helpful kinds of things that would fall under at least the risk of getting caught out.