Internet News

The UK's disgraceful Online Safety Bill has passed through Parliament and will soon become law. The wide-ranging legislation, which is likely to affect every internet user in the UK and any service they access, and generate mountains of onerous red tape for any internet business stupid enough to be based in Britain. Potential impacts are still unclear and some of the new regulations are technologically impossible to comply with.

A key sticking point is what the legislation means for end-to-end encryption, a security technique used by services like WhatsApp that mathematically guarantees that no one, not even the service provider, can read messages sent between two users. The new law gives regulator Ofcom the power to intercept and check this encrypted data for illegal or harmful content.

Using this power would require service providers to create a backdoor in their software, allowing Ofcom to bypass the mathematically secure encryption. But this same backdoor would be abused by hackers, thieves, scammers and malicious states to snoop, steal and hack.

Beyond encryption, the bill also brings in mandatory age checks on pornography websites and requires that websites have policies in place to protect people from harmful or illegal content. What counts as illegal and exactly which websites will fall under the scope of the bill is unclear, however.

Neil Brown at law firm decoded.legal says Ofcom still has a huge amount of work to do. The new law could plausibly affect any company that allows comments on its website, publishes user-generated content, transmits encrypted data or hosts anything that the government deems may be harmful to children, says Brown:

What I'm fearful of is that there are going to be an awful lot of people, small organisations - not these big tech giants -- who are going to face pretty chunky legal bills trying to work out if they are in scope and, if so, what they need to do.

Hours before controversial internet censorship laws were set to take effect in Texas and Arkansas, two federal judges granted preliminary injunctions temporarily blocking them.

The more narrow Texas law sought to restrict minors from accessing content that is meant for adults. The law in particular required age/ID verification to access porn websites. It was opposed by free speech groups and adult performer industry groups.

The Arkansas law, known as the Social Media Safety Act, is broader and would prevent minors from creating accounts without parental permission on platforms earning more than $100 million a year. The tech industry trade group NetChoice, which represents Google, Meta and TikTok, among others, sued in June to block the law on the grounds that it is unconstitutional and would place an onerous burden on digital platforms.

In Arkansas, U.S. District Judge Timothy Brooks sided with NetChoice , saying that the law is not targeted to address the harms it has identified, and further research is necessary before the State may begin to construct a regulation that is narrowly tailored to address the harms that minors face due to prolonged use of certain social media. Brooks added that age--gating social media platforms does not seem to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns.

The more narrow Texas law seeking to stop minors from accessing adult content online was temporarily blocked Thursday by District Judge David Alan Ezra in a move that the Free Speech Coalition said in a press release will protect citizens from facing a chilling effect on legally-protected speech.

The temporary injunctions block the laws from taking effect until further adjudication. It is unclear whether both Arkansas and Texas intend to appeal.

About 20 internet giants now have to comply with new EU internet censorship rules. Under the EU Digital Services Act (DSA) rule-breakers can face big fines of 6% of turnover and potentially suspension of the service.

The EU commission has named the very large online platforms that will form the first tranche of internet companies subjected to the new censorship regime. Those are sites with over 45 million EU users:

Alibaba, AliExpress, Amazon Store, the Apple App Store, Booking.com, Facebook, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, X (formerly Twitter), Wikipedia, YouTube and Zalando. Search engines Google and Bing will also be subject to the rules.

These websites will now have to assess potential risks they may cause, report that assessment and put in place measures to deal with the problem. This includes risks related to:

• illegal content
• rights, such as freedom of expression, media freedom, discrimination, consumer protection and children's rights public security and
• threats to electoral processes
• gender-based violence, public health wrong think, age restrictions, and mental and physical 'wellbeing'.

Targeted advertising based on profiling children is no longer permitted.

They must also share with regulators details of how their algorithms work. This could include those which decide what adverts users see, or which posts appear in their feed. And they are required to have systems for sharing data with independent researchers.

All though the law is targeted at the EU, of the companies have already made changes that will also affect users in the UK.

• Starting July TikTok stopped users in Europe aged 13-17 from being shown personalised advertising based on their online activity.
• Since February Meta apps including Facebook and Instagram have stopped showing users aged 13-17 worldwide advertising based on their activity to the apps.
• In Europe Facebook and Instagram gave users the option to view Stories and Reels only from people they follow, ranked in chronological order.
• In the UK and Europe Snapchat is also restricting personalised ads for users aged 13-17. It is also creating a library of adverts shown in the EU.

Retailers Zalando and Amazon have mounted legal action to contest their designation as a very large online platform. Amazon argues they are not the largest retailer in any of the EU countries where they operate.

Smaller tech services will be brought under the new censorhip regime next year.