The UK Digital Economy Act 2017 has this part (Part 3) on Online pornography. Article 14 deals with the requirement to prevent access by persons under 18. It was assumed to have effect in the summer of 2018. But then it was postponed until March 2019. Around that time, during my first stay at LSE, Andrew Murray told me it was again postponed. Until July. So over lunch, today is my last day at LSE, I asked Andrew what the present status was. What follows next is based on what he told me mixed with my own observations, any eventual inaccuracies are on my account.
It is generally acknowledged that identification on the internet is a complicated issue. Way back it has been decided that the internet protocol identifies the device that is being used to connect, not the person. So how do you know who is using the device? Well, basically you do not. There are “tricks”. For instance, you can ask when someone is born. And in this case, if the person enters 2005, he will not get access from UK soil, to the porn site. However, if the 14 year old enters 2000, he will get access. So this is not a very reliable system. What sometimes is used is credit card information. People under 18 do not have credit cards, generally. But all the child who wants to watch porn needs is get hold of the details of one of its parent’s card. Yet another option is to ask questions people from a lower age normally do not know the answer to. This is not a very clever system either, because most answers to questions you can find on the internet.
Well, what solution did the UK government think of?
This you won’t believe, none so far really. So, it starts in July without a proper solution? Now it becomes even funnier. They realized that for the technical standard to be used they had to notify the EU, and they did not. Probably because they assumed to be no longer part of the EU by now. But now they are still in, only last week they notified the EU standardisation agency. And it will take another 6 months, that is the period that stands for it after notification. Or, if Brexit is effective earlier, maybe then. But wait, what was their notification about if they have not thought of a proper solution yet. Well, probably some abstract description of what they might want to do.
An interesting side story is that the Daily Mail for years has pleaded for this act. Minors should be protected. They are right, it is quite horrible what kind of content also very young children can be confronted with. Some providers have quite good filters in place for that. They can be used. Anyway, when the Act was enacted Daily Mail hailed it. Until, they found out that their website given particular adult content (e.g., nudity) was fallen under the scope of this act. So. now they are campaigning against the act.
What is going to happen next. Basically there are two options. First, the act will never take effect. Second, if it takes effect it will run into so many circumventions (e.g. using VPN, buying these anonymous verification cards offered by adults) and other issues it is called off after 6 months or so. No third? Well, we”ll see.
