Internet Porn Censorship

Ofcom produces an annual report on internet usage in the UK. This year Ofcom has added a little about the popularity of porn websites. Ofcom writes:

One in three UK online adults visited adult content service Pornhub in 2020.

Adult sites are another genre of social video. 49% of the UK adult population visited an adult content site and/or app in September 2020, which equates to 26 million unique adult visitors.

The most popular site, Pornhub.com, was visited by a third of UK online adults (15 million) in September 2020, up by 1 million visitors since September 2019. According to Pornhub, the UK is the third highest source, by country, of traffic to the site. Pornhub's average visit duration in the UK is 10 minutes 20 seconds. The most popular way to access Pornhub is by mobile phone; mobile devices made up 77% of Pornhub traffic in the UK in 2020.

The owner of Pornhub, MindGeek, also owns several of the other top-reaching adult content sites in the UK. The Canadian company MindGeek, founded in 2004, owns three of the UK top ten sites: Pornhub, RedTube and YouPorn. MindGeek owns both adult content aggregator sites and production businesses. Its paid site, Pornhubpremium.com, had 3 million adult UK visitors in September 2020, 7% of the UK adult online population.

Looking at use of Pornhub by demographic, 55% of young adults aged 18-24 in the UK visited Pornhub.com in September 2020. Use differs by gender; half of all UK adult males visited Pornhub that month, compared to 16% of females. Female use is higher among younger adult age groups. 33% of 18-24 females and 75% of 18-24 males visited the site in September 2020.

Ofcom also kindly produced a top 10 most popular porn sites list

1. Pornhub 15.0m visitors in September 2020, 33% of the UK adult population
2. XVideos 9.7m 21%
3. Bongacams 8.7m 19%
4. XNXX 8.5m 19%
5. XHamster 7.5m 16%
6. LiveJasmin 6.6m 15%
7. Chaturbate 6.4m 14%
8. XHamster Premium 4.2m 9%
9. RedTube 4.1m 9%
10. YouPorn 3.8m 8%

The beautiful adult performer Dakota Skye died Wednesday at an undisclosed location in Los Angeles, the L.A. County Medical Examiner-Coroner's office has confirmed to AVN. She was 27.

Skye entered the adult industry in 2013 and was nominated in 2015 for AVN's Best New Starlet award. She remained semi-active as a performer until last year, and had nearly 300 credits to her name, according to the Internet Adult Film Database (IAFD), spanning virtually every major production company.

Rhoda Grant is a campaigning MSP with a long and miserable history of calling for bans on sex work and lap dancing. She has now tabled a motion for consideration by the Scottish Parliament expressing concern the UK government's reported failure to implement Part 3 of the Digital Economy Act 2017 seeking to impose age verification for porn but without any consideration for the dangers to porn users of having their personal data hacked or abused.

Grant's motion has received the backing of Labour and SNP MSPs and notes that a coalition of women's organisations, headteachers, children's charities and parliamentarians want the government to enforce Part 3 without further delay. Grant said:

How we keep our children safe online should be an absolute priority, so the failure to implement Part 3 of the Digital Economy Act 2017 is a terrible reflection on the UK government.

Members of the House of Lords are clamouring for more red tape and censorship in the name of protecting children from the dangers of the internet. Of course these people don't seem to give a shit about the safety of adults using the internet.

Maurice Morrow is attempting to revive the failed age verification for porn in his bill, Digital Economy Act 2017 (Commencement of Part 3) Bill [HL]. The original bill failed firstly because it failed to consider data protection for porn user's identity data. The original authors of the bill couldn't even be bothered to consider such security implications as porn users handing over identity data and porn browsing data directly to Russian porn sites, possibly acting as fronts for the Russian government dirty tricks dept.

Perhaps the bill also failed because the likes of GCHQ don't fancy half the porn using population of the UK using VPNs and Tor to work around age verification and ISP porn blocking.

See Morrow's bill progress from bills.parliament.uk and the bill text from bills.parliament.uk . The bill had its first reading on 9th June.

Meanwhile Beeban Kidron has proposed a bill demanding accurate age assurance. Age assurance is generally an attempt to determine age without the nightmare of dangerously handing over full identity identity data. Eg estimating the age of soical media users from the age of their friends.

See Kidron's bill progress from bills.parliament.uk and the bill text is at bill text from bills.parliament.uk . The bill had its first reading on 27th May

 Comcast Cable (owners of the Xfinity brand)-- the largest cable television company in the United States with close to 20 million pay TVsubscribers is banning cable channels and streaming services owned by Mindgeek (owners of Pornhub).

A Comcast representative said that they were deeply concerned over the growing number of reports against MindGeek for unlawful business practices, including minors being exploited on their sites. As a result of this increasing evidence, Comcast decided to drop all MindGeek content from their cable systems. As of April 2021, all MindGeek material has been removed.

Furthermore, Comcast disabled new subscription video on demand (SVOD) signups and notified all their existing SVOD customers of their decision to remove content and cease distribution of MindGeek's SVOD services. Existing customers were informed of Comcast's decision through bill messages. Once the subscriber notification process was completed, the SVOD content became unavailable on their cable channels.

The Digital Policy Alliance is a campaign group most notably lobbying parliament in support of the age and identity verification trade.

The group has just published a lobbying paper sent to parliamentarians calling for full identity verification requirements to use any internet service offering open interaction with other users.

The group writes:

Neither banning anonymity nor absolute anonymity are fit for purpose. The risks posed by anonymity, and requirements for verification, are different for different use cases. Different types of online activity require different levels of accountability and/or different attributes to be verified.

Regulation therefore shouldn't impose a one size fits all approach on all businesses. Instead, it should set minimum standards to ensure that platforms can't just wash their hands of the challenges of ensuring accountability or the risks associated with anonymity. If a platform fails to take an effective know your user approach, or ensure that its users can be held accountable for their behaviour or their content, then the platform should be held accountable instead.

Legislation that would require Canadians to verify their age before they could look at online pornography could result in a number of privacy concerns, the country's federal privacy commissioner has said.

Bill S-203, introduced by Senator Julie Miville-Dechêne, doesn't specify what that verification would look like. Options under consideration include presenting some type of ID to a third-party company or organization, or the use of technologies such as biometrics or artificial intelligence to estimate age.

If adequate privacy measures aren't taken, the age verification process could increase the risk of revealing adults' private browsing habits, privacy commissioner Daniel Therrien said.

He told the Senate legal and constitutional affairs committee that current digital age verification systems are all different, but what they have in common is that the user will ultimately be required to provide some amount of personal information. That brings up questions about how secure that information is.

On the other hand, the use of biometrics or facial recognition to verify or estimate a user's age raises unique privacy concerns, Therrien said, noting biometric technology is generally very intrusive and how accurate it is in verifying an individual's age still hasn't been proven. He said there's a considerable margin of error, and an error of two to three years could be significant depending on the age of the person.

The bill would also introduce fines for those who make available sexually explicit material on the internet to a young person. Individuals could be fined up to $20,000 and face six months in jail, while fines for corporations would range from $250,000 to $500,000. The way to avoid the fine would be to put in place an unspecified prescribed age-verification method.

Remastured is an innovative project employing the latest technology to restore some of the oldest -- and steamiest -- erotic films ever produced. With the help of artificial intelligence, you can colorize even the most antique footage.

However, when it comes to the subtle shades of nipples, penises, and all the turn-of-the-century bush, the algorithms simply lack the experience. That's why we used machine learning and 100,000 adult videos and images from Pornhub to give our AI a sexual education and teaching it a new dirty trick: how to colorize vintage porn for a modern audience.

So, come take a trip down mammary lane to enjoy erotica from a bygone era. And who knows? Maybe you actually can learn something from your elders.

Offsite Comment: Modernising Vintage Erotica

1st June 2021. See article from reprobatepress.com

PornHub has been getting a bit of a bashing recently, and far be it from us to join in, especially when their heart seems to be in the right place -- but the company's new Remastured project seems to be a good idea, mishandled.

 See article from reprobatepress.com

Comment: Disastrous

11th May 2021. See article from bigbrotherwatch.org.uk

Mark Johnson, Legal and Policy Officer at Big Brother Watch said:

The Online Safety Bill introduces state-backed censorship and monitoring on a scale never seen before in a liberal democracy.

This Bill is disastrous for privacy rights and free expression online. The Government is clamping down on vague categories of lawful speech. This could easily result in the silencing of marginalised voices and unpopular views.

Parliament should remove lawful content from the scope of this Bill altogether and refocus on real policing rather than speech-policing.

Offsite Comment: Online safety bill: a messy new minefield in the culture wars

13th May 2021. See article from theguardian.com by Alex Hern

The message of the bill is simple: take down exactly the content the government wants taken down, and no more. Guess wrong and you could face swingeing fines. Keep guessing wrong and your senior managers could even go to jail.

Content moderation is a hard job, and it's about to get harder.

Offsite Comment: Harm Version 3.0

15th May 2021. See article from cyberleagle.com by Graham Smith

Two years on from the April 2019 Online Harms White Paper, the government has published its draft Online Safety Bill. It is a hefty beast: 133 pages and 141 sections. It raises a slew of questions, not least around press and journalistic material and the newly-coined content of democratic importance. Also, for the first time, the draft Bill spells out how the duty of care regime would apply to search engines, not just to user generated content sharing service providers.

This post offers first impressions of a central issue that started to take final shape in the government's December 2020 Full Response to consultation: the apparent conflict between imposing content monitoring and removal obligations on the one hand, and the government's oft-repeated commitment to freedom of expression on the other - now translated into express duties on service providers.

The draft Bill represents the government's third attempt at defining harm (if we include the White Paper, which set no limit). The scope of harm proposed in its second version (the Full Response) has now been significantly widened.

See article from cyberleagle.com

Offsite Comment: The unstoppable march of state censorship

17th May 2021. See article from spiked-online.com

Vaguely worded hate-speech laws can end up criminalising almost any opinion.

 

Offsite Comment: Drowning internet services in red tape

 18th May 2021. See article from techmonitor.ai by Laurie Clarke

The UK government has unveiled sprawling new legislation that takes aim at online speech on internet services 203 stretching from illegal to legal yet harmful content. The wide-ranging nature of the proposals could leave internet businesses large and small facing a huge bureaucratic burden, and render the bill impractical to implement.

 

 

Offsite Comment: UK online safety bill raises censorship concerns and questions on future of encryption

24th May 2021. See article from cpj.org

 

 

 

Offsite Comment: Why the online safety bill threatens our civil liberties

26th May 2021. See article from politics.co.uk by Heather Burns

With the recent publication of the draft online safety bill, the UK government has succeeded in uniting the British population in a way not seen since the weekly clap for the NHS. This time, however, no one is applauding. After two years of dangled promises, the government's roadmap to making the UK the safest place in the world to be online sets up a sweeping eradication of our personal privacy, our data security, and our civil liberties.

New internet laws will be published today in the draft Online Safety Bill to protect children online and tackle some of the worst abuses on social media, including racist hate crimes.

Ministers have added landmark new measures to the Bill to safeguard freedom of expression and democracy, ensuring necessary online protections do not lead to unnecessary censorship.

The draft Bill marks a milestone in the Government's fight to make the internet safe. Despite the fact that we are now using the internet more than ever, over three quarters of UK adults are concerned about going online, and fewer parents feel the benefits outweigh the risks of their children being online -- falling from 65 per cent in 2015 to 50 per cent in 2019.

The draft Bill includes changes to put an end to harmful practices, while ushering in a new era of accountability and protections for democratic debate, including:

• New additions to strengthen people's rights to express themselves freely online, while protecting journalism and democratic political debate in the UK.

• Further provisions to tackle prolific online scams such as romance fraud, which have seen people manipulated into sending money to fake identities on dating apps.

• Social media sites, websites, apps and other services hosting user-generated content or allowing people to talk to others online must remove and limit the spread of illegal and harmful content such as child sexual abuse, terrorist material and suicide content.

• Ofcom will be given the power to fine companies failing in a new duty of care up to £18 million or ten per cent of annual global turnover, whichever is higher, and have the power to block access to sites.

• A new criminal offence for senior managers has been included as a deferred power. This could be introduced at a later date if tech firms don't step up their efforts to improve safety.

The draft Bill will be scrutinised by a joint committee of MPs before a final version is formally introduced to Parliament.

The following elements of the Bill aim to create the most progressive, fair and accountable system in the world. This comes only weeks after a boycott of social media by sports professionals and governing bodies in protest at the racist abuse of footballers online, while at the same time concerns continue to be raised at social media platforms arbitrarily removing content and blocking users.

Duty of care

In line with the government's response to the Online Harms White Paper , all companies in scope will have a duty of care towards their users so that what is unacceptable offline will also be unacceptable online.

They will need to consider the risks their sites may pose to the youngest and most vulnerable people and act to protect children from inappropriate content and harmful activity.

They will need to take robust action to tackle illegal abuse, including swift and effective action against hate crimes, harassment and threats directed at individuals and keep their promises to users about their standards.

The largest and most popular social media sites (Category 1 services) will need to act on content that is lawful but still harmful such as abuse that falls below the threshold of a criminal offence, encouragement of self-harm and mis/disinformation. Category 1 platforms will need to state explicitly in their terms and conditions how they will address these legal harms and Ofcom will hold them to account.

The draft Bill contains reserved powers for Ofcom to pursue criminal action against named senior managers whose companies do not comply with Ofcom's requests for information. These will be introduced if tech companies fail to live up to their new responsibilities. A review will take place at least two years after the new regulatory regime is fully operational.

The final legislation, when introduced to Parliament, will contain provisions that require companies to report child sexual exploitation and abuse (CSEA) content identified on their services. This will ensure companies provide law enforcement with the high-quality information they need to safeguard victims and investigate offenders.

Freedom of expression

The Bill will ensure people in the UK can express themselves freely online and participate in pluralistic and robust debate.

All in-scope companies will need to consider and put in place safeguards for freedom of expression when fulfilling their duties. These safeguards will be set out by Ofcom in codes of practice but, for example, might include having human moderators take decisions in complex cases where context is important.

People using their services will need to have access to effective routes of appeal for content removed without good reason and companies must reinstate that content if it has been removed unfairly. Users will also be able to appeal to Ofcom and these complaints will form an essential part of Ofcom's horizon-scanning, research and enforcement activity.

Category 1 services will have additional duties. They will need to conduct and publish up-to-date assessments of their impact on freedom of expression and demonstrate they have taken steps to mitigate any adverse effects.

These measures remove the risk that online companies adopt restrictive measures or over-remove content in their efforts to meet their new online safety duties. An example of this could be AI moderation technologies falsely flagging innocuous content as harmful, such as satire.

Democratic content

Ministers have added new and specific duties to the Bill for Category 1 services to protect content defined as 'democratically important'. This will include content promoting or opposing government policy or a political party ahead of a vote in Parliament, election or referendum, or campaigning on a live political issue.

Companies will also be forbidden from discriminating against particular political viewpoints and will need to apply protections equally to a range of political opinions, no matter their affiliation. Policies to protect such content will need to be set out in clear and accessible terms and conditions and firms will need to stick to them or face enforcement action from Ofcom.

When moderating content, companies will need to take into account the political context around why the content is being shared and give it a high level of protection if it is democratically important.

For example, a major social media company may choose to prohibit all deadly or graphic violence. A campaign group could release violent footage to raise awareness about violence against a specific group. Given its importance to democratic debate, the company might choose to keep that content up, subject to warnings, but it would need to be upfront about the policy and ensure it is applied consistently.

Journalistic content

Content on news publishers' websites is not in scope. This includes both their own articles and user comments on these articles.

Articles by recognised news publishers shared on in-scope services will be exempted and Category 1 companies will now have a statutory duty to safeguard UK users' access to journalistic content shared on their platforms.

This means they will have to consider the importance of journalism when undertaking content moderation, have a fast-track appeals process for journalists' removed content, and will be held to account by Ofcom for the arbitrary removal of journalistic content. Citizen journalists' content will have the same protections as professional journalists' content.

Online fraud

Measures to tackle user-generated fraud will be included in the Bill. It will mean online companies will, for the first time, have to take responsibility for tackling fraudulent user-generated content, such as posts on social media, on their platforms. This includes romance scams and fake investment opportunities posted by users on Facebook groups or sent via Snapchat.

Romance fraud occurs when a victim is tricked into thinking that they are striking up a relationship with someone, often through an online dating website or app, when in fact this is a fraudster who will seek money or personal information.

Analysis by the National Fraud Intelligence Bureau found in 2019/20 there were 5,727 instances of romance fraud in the UK (up 18 per cent year on year). Losses totalled more than £60 million.

Fraud via advertising, emails or cloned websites will not be in scope because the Bill focuses on harm committed through user-generated content.

The Government is working closely with industry, regulators and consumer groups to consider additional legislative and non-legislative solutions. The Home Office will publish a Fraud Action Plan after the 2021 spending review and the Department for Digital, Culture, Media and Sport will consult on online advertising, including the role it can play in enabling online fraud, later this year.

The BBC published a report advocating government censorship of adult material in the name of preventing access by under 18s.

The BBC highlighted criticism of the government's failed age verification law by a concerned father and a student. The BBC misleadingly failed to mention that the concerned father was also a campaigning clergyman.

The BBC chose to foreground two people for their slanted reporting, one of them a man named Ioannis Dekas, only described as a father of four sons who allegedly became concerned after he found one of his boys had accessed pornography.

The report however, completely neglected to mention the fact that Dekas is a clergyman, which seems material to his participation in her piece. Dekas is listed online as Campus Pastor of Doxa Deo Community Church in London. His Twitter biography reads, Passionate about God, my family, the local Church, worship, music and Chelsea FC.

The BBC reporter also quoted another supposed authority who turns out to be the mouthpiece for a religiously-inspired nonprofit. Vanessa Morse is only identified as the head of the Centre to End All Sexual Exploitation. The group is not further characterized by the BBC in any manner that would be relevant to their opinions on the subject. In fact CEASE UK is a religiously-inspired sex work abolitionist group with an avowed mission to eradicate all pornography.

French porn producer Dorcel has released the first ethics charter for French adult-content production.

Along with 18 recommendations, the charter is the result of investigative work carried out by adult actress, director and producer Liza Del Sierra; sociologist Alexandre Duclos, and Matthieu Cordelier, a lawyer specializing in intellectual property and digital law.

The group interviewed 31 people linked to the adult-content industry: actresses and actors, producers, broadcasters, directors and production assistants, photographers, make-up artists, as well as customers and the representative of an association linked to sex workers.

Their recommendations cover the areas of consent, physical and psychological health, legal framework, respect for human dignity, confidentiality and communication.

Dorcel Group head Gregory Dorcel said: 

We are committed to implementing the principles of this charter and to respecting its values and ethics, for the well-being of everyone involved in our productions.

Dorcel hopes to convince as many of its French and non-French content providers as possible to adopt the charter.

Canadian Senate Bill S-203 , AKA the Protecting Young Persons from Exposure to Pornography Act, is another woefully misguided proposal aimed at regulating sexual content online. To say the least, this bill fails to understand how the internet functions and would be seriously damaging to online expression and privacy. It's bad in a variety of ways, but there are three specific problems that need to be laid out: 1) technical impracticality, 2) competition harms, and 3) privacy and security.

First, S-203 would make any person or company criminally liable for any time an underage user engages with sexual content through its service. The law applies even if the person or company believed the user to be an adult, unless the person or company implemented a prescribed age-verification method.

Second, the bill seemingly imposes this burden on a broad swath of the internet stack. S-203 would criminalize the acts of independent performers, artists, blogs, social media, message boards, email providers, and any other intermediary or service in the stack that is in some way for commercial purposes and makes available sexually explicit material on the Internet to a young person. The only meaningful defense against the financial penalties that a person or company could assert would be to verify the legal adult age of every user and then store that data.

The bill would likely force many companies to simply eliminate sexual content

The sheer amount of technical infrastructure it would take for such a vast portion of the internet to implement a prescribed age-verification method would be costly and overwhelmingly complicated. It would also introduce many security concerns that weren't previously there. Even if every platform had server side storage with robust security posture, processing high level personally identifiable information (PII) on the client side would be a treasure trove for anyone with a bit of app exploitation skills. And then if this did create a market space for third-party proprietary solutions to take care of a secure age verification system, the financial burden would only advantage the largest players online. Not only that, it's ahistorical to assume that younger teenagers wouldn't figure out ways to hack past whatever age verification system is propped up.

Then there's the privacy angle. It's ludicrous to expect all adult users to provide private personal information every time they log onto an app that might contain sexual content. The implementation of verification schemes in contexts like this may vary on how far privacy intrusions go, but it generally plays out as a cat and mouse game that brings surveillance and security threats instead of responding to initial concerns. The more that a verification system fails, the more privacy-invasive measures are taken to avoid criminal liability.

Because of the problems of implementing age verification, the bill would likely force many companies to simply eliminate sexual content instead of carrying the huge risk that an underage user will access it. But even a company that wanted to eliminate prohibited sexual content would face significant obstacles in doing so if they, like much of the internet, host user-generated content. It is difficult to detect and define the prohibited sexual content, and even more difficult when the bill recognizes that the law is not violated if such material has a legitimate purpose related to science, medicine, education or the arts. There is no automated tool that can make such distinctions; the inevitable result is that protected materials will be removed out of an abundance of caution. And history teaches us that the results are often sexist , misogynist , racist , LGBT-phobic, ableist , and so on. It is a feature, not a bug, that there is no one-size-fits-all way to neatly define what is and isn't sexual content.

Ultimately, Canadian Senate Bill S-203 is another in a long line of morally patronizing legislation that doesn't understand how the internet works. Even if there were a way to keep minors away from sexual content, there is no way without vast collateral damage. Sen. Julie Miville-Dechêne, who introduced the bill, stated it makes no sense that the commercial porn platforms don't verify age. I think it's time to legislate. We gently recommend that next time her first thought be to consult with experts.

Mastercard has taken another step along the path to a dystopian world where moralists and US corporate monsters can dictate how people can spend their money. Mastercard explains:

Enhancing requirements for adult content, preventing anonymous content

This month, we are extending our existing Specialty Merchant Registration requirements. The banks that connect merchants to our network will need to certify that the seller of adult content has effective controls in place to monitor, block and, where necessary, take down all illegal content.

You might ask, "Why now?" In the past few years, the ability to upload content to the internet has become easier than ever. All someone needs is a smartphone and a Wi-Fi connection.

Now, our requirements address the risks associated with this activity. And that starts with strong content control measures and clear, unambiguous and documented consent.

Other updated requirements include:

• Documented age and identity verification for all people depicted and those uploading the content

• Content review process prior to publication

• Complaint resolution process that addresses illegal or nonconsensual content within seven business days

• Appeals process allowing for any person depicted to request their content be removed