Evidently Britian is taking their own stand on pornography on the
Internet. This seems a bit intriguing considering the tittilating
photos the Brits love to run on page 2 of their newspapers, plus the
fact that their court system holds someone guilty until proven innocent,
I believe.
The second enclosure is the text from a proposed self-rating and
policing system for UK Internet sites. A government agancy would handle
complaints, according to item #17, similar to a government policing
agency in place in Holland. There are also policies on traceability and
usenet groups.
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>From the Web site: http://dtiinfo1.dti.gov.uk/safety-net/index.html
(The United Kingdom Department of Trade and Industry)
Dated Feb. 28, 1997
Notes for Editors
1. The Government has introduced a number of measures to deal
with pornography and obscene material, including their use on
computers. The Criminal Justice and Public Order Act 1994
increased the maximum sentence for possession of indecent
photographs of children from a £5,000 fine to six months in
prison
and/or a £5,000 fine.
2. It also gave police the power to arrest without warrant
people
suspected of obscenity and certain child pornography offences
and
greater powers to search and seize obscene material and child
pornography. It also closed a potential legal loophole by
extending
the law to cover simulated child pornography manufactured and
stored on computer. Possession of such an image is punishable by
up to six months in prison and/or a £5,000 fine.
3. The Act also extends the definition of "publication" under
the
Obscene Publications Act 1959 to cover the transmission of
material from one computer to another.
4. The Government has also set up an Inter Departmental Group on
Obscenity with a specific remit to look at issues relating to
child
pornography and the use of computers to distribute such
material.
The group first met in March last year under the chairmanship of
the
Home Office. It reports to the Prime Minister through the Home
Office.
******************************************F
from:
http://dtiinfo1.dti.gov.uk/safety-net/r3.htm
R3
Safety-Net
Rating
Reporting
Responsibility
For Child Pornography & Illegal Material on the Internet
An Industry proposal
Adopted and Recommended by
Executive Committee of ISPA - Internet Services Providers
Association
LINX - London Internet Exchange
The Safety-Net Foundation
23 September 1996
Introduction | Principles | Approach | The Proposers
Introduction
1.This paper presents an industry proposal for addressing the
question of illegal material on the Internet, with
particular
reference to child pornography. It presents a package of
measures developed by key players from the Internet Service
Providers Association (ISPA), the London Internet Exchange
(LINX) and the Safety-Net Foundation. The paper puts
forward industry proposals developed in discussions
facilitated by DTI between service providers, the
Metropolitan Police and the Home Office.
2.The potential for exploiting the Internet to inform,
educate,
entertain and conduct business on a worldwide scale is
enormous. At a relatively modest cost, vast quantities of
information can be sent around the world in new multi-media
communications. The proportion of illegal material on the
Internet is in relative terms, very small. The benefits of
the
Internet far outweigh its negative aspects. Nevertheless,
these
aspects cannot be ignored; they are pressing issues of
public,
parliamentary, commercial and legal interest. Consumers and
businesses must be reassured that the internet is a safe
and
secure place to work, learn and play.
3.The immediate and particular focus of these proposals is on
child pornography, though the approach may also be
applicable in the future to other types of illegal material
available on the Internet. The proposers are adamant in
their
desire to remove child pornography from the Internet.
4.The package of measures proposed is coherent and is
addressed to a range of key technical and policy issues.
This
a starting point, not a final solution. A number of
detailed
technical issues remain to be explored, but this is a
beginning.
No single approach, in a single country can entirely
'solve' the
problem, but there is much that can be done. These
proposals take the first concrete step for the UK industry,
providing a platform on which the industry can build
further.
5.The principles of these proposals have been adopted and are
recommended by the Executive Committee of ISPA, by the
LINX and by the Safety-Net Foundation. Working groups in
ISPA and in LINX will work with Safety-Net to establish
any technological or legal limitations arising from these
proposals and to explore appropriate implementation
vehicles. All responsible service providers, inside and
outside
these organisations are encouraged to support and adopt
this
package of measures. The time for action is now.
Principles
6."R3 Safety-Net " is based upon a number of simple
principles.
The Internet is not a Legal Vacuum
7.In general, the law applies to activities on the Internet
as it
does to activity not on the Internet. If something is
illegal
"off-line" it will also be illegal "on-line", and vice
versa.
Responsible service providers wish to see that the law can
be
upheld on-line as well as off-line. A clear liability to
prosecution exists in UK law in relation to child
pornography
on the Internet, for example.
Free Speech not Censorship
8.The issue addressed has nothing to do with censorship of
legal material or free speech. The issue is how to deal
with
material or activity which society, through democratic
process, has deemed to be unacceptable in law. The core
issue is crime. Legal, but possibly offensive, material
raises a
quite separate issue. Here consumers should have the
technological means to tailor the nature of their, or their
family's, experience on the Internet according to their
individual standards; thus supporting both individual
responsibility and the Internet's traditions of diversity
and free
speech.
Responsibility
9.Service providers must take a responsible approach to the
provision of services. They need to implement reasonable,
practicable and proportionate measures to hinder the use of
the Internet for illegal purposes, and to provide a
response
mechanism in cases where illegal material or activity is
identified. Service providers should not be asked to take
responsibility for enforcement of the law. End users should
retain responsibility for the content they place on the
Internet.
The Police should retain responsibility for enforcement.
Self Protection
10.By taking appropriate measures, across the industry,
service
providers can offer protection to the end user and to
themselves. All responsible service providers wish to
hinder
the availability of child pornography, and to see it
removed
from the Internet. This clearly protects the public.
Establishing
a common understanding of what steps constitute a
reasonable, practicable and proportionate approach can also
provide a defence for service providers against prosecution
on charges of knowingly permitting services to be used for
the distribution of illegal material.
Establishment & Jurisdiction
11.The law that determines what material or activity is
illegal is
the law of the country in which the consumer is affected by
it.
These proposals relate to service providers offering access
to
the Internet in the UK. They are designed to avoid any
extraterritorial effect. Service providers established in
the UK
will take the UK law as the relevant standard for their UK
operation - whatever the source of the material. However,
measures adopted by service providers established in the UK
can only address the problem at source if the material or
activity was initiated by their UK subscribers. It is hoped
that
similar approaches can be established in other countries to
extend the protection afforded across the whole of the
Internet.
Approach
12.The "R3 Safety-Net " approach incorporates three key
elements:
Rating
Reporting
Responsibility
Overview
13.The approach establishes an independent foundation to
support the adoption, by Internet service providers and
users,
of Responsible policies based on Rating and Reporting of
illegal material. It gives priority in the first instance
to child
pornography, but may also be applicable to other forms of
illegal material in the future. The approach also supports
the
rating of legal material so that users can tailor the
nature of
their experience on the Internet, according to their own
standards.
The Safety Net Foundation
14.The Safety-Net Foundation has been established, and offers
itself to fulfil an independent role in receiving and
processing
complaints about child pornography (and other illegal
material) on the Internet; and to support the development
of
rating systems.
The Rating Service
15.The Foundation will provide a legality indicator, or
rating, for
the 'normal content' of each Usenet news group. The rating
will indicate whether the group normally contains illegal
material and what sort of illegality is involved (child
pornography, copyright infringement etc.…).
16.As a separate activity, the Foundation also intends to
assist
in, or sponsor, the classification of legal material, to
enable
users to make use of PICS enabled tools to customise the
nature of their experience on the Internet according to
their
own standards.
The Hot-Line Service
17.The Foundation will establish a hot-line to accept
complaints
about material which is accessible to the public, from
anyone
via automated telephone, mail, email or fax. These
complaints
will be converted into a standardised form and immediately
forwarded to participating service providers and other
appropriate bodies. A similar approach has been taken in
Holland, where it appears to work well, and which has been
endorsed by the first World Congress against the commercial
sexual exploitation of Children, Stockholm 27-31 August
1996.
18.The Foundation will verify whether complaints are justified
using standardised checklist criteria. In effect, the
hot-line will
provide a rating of legality for individual news group
articles,
or web pages, in response to complaints.
The Notification Service
19.In the case of illegal material originated within the UK
the
Foundation would attempt to trace the source, inform the
authors of the position under UK law, and request that they
remove the offending material. Where co-operation is not
forthcoming the Foundation will request action from the
relevant Service Provider and pass details to the Police
National Criminal Intelligence Service (NCIS). Confirmation
of action will be reported to the complainant.
20.Where the material originates outside the UK the Foundation
will pass available details to the foreign service
provider,
where they can be identified, and to NCIS, who will liaise
with the Police force in the appropriate jurisdiction.
Other Services
21.The Foundation will also sponsor research and development
into ways of improving the detection, traceability and
removal
of illegal material on the Internet.
Funding
22.The Safety-Net Foundation will seek funding through service
provider trade associations - in particular, ISPA and LINX
-
and through other bodies supporting the removal of child
pornography (and other illegal material) from the Internet.
All
responsible service providers in the UK are encouraged to
support and fund the Foundation. Start-up funding of up to
£500,000 has been made available by the Dawe Charitable
Trust.
Responsible Service Provider Policies
23.The Safety-Net Foundation takes responsibility for
establishing a rating and reporting service for illegal
material.
This has to be complemented by responsibility on the part
of
users for the material they place on the Internet and by
responsible service provider policies in order to have the
desired effect. In particular, policies on the rating of
material
by users, on removal of child pornography and on tracing
the
originators of illegal material are required. These issues
are of
greatest urgency in relation to World-Wide-Web (WWW or
W3) pages and Usenet news groups. Other policies may
need to be developed and extended over time.
Policies for Word Wide Web Pages
24.The "R3 Safety-Net" approach endorses the Platform for
Internet Content Selection (PICS) and the RSACi rating
scheme for W3 pages. "R3 Safety-Net" recommends that
Service providers:
Promote PICS enabled software for accessing the
W3.
Require all their users to rate their own web pages
using RSACi.
Remove web pages hosted on their servers which are
persistently and deliberately misrated.
Remove web pages hosted on their servers which are
identified and verified to them as containing child
pornography (or other illegal material); if the users
fail
to co-operate by removing them themselves.
25.PICS is an open industry standard, which has been, or is
being implemented by both major web browser developers
and by developers of other leading access control software.
RSACi provides a PICS-based rating scheme, which
provides a framework to classify content according to
Language, Nudity, Sex and Violence.
26.These measures interface with the service provided by the
Safety-Net Foundation aimed at illegal material. In
addition,
they further provide the means by which Internet users can
protect themselves and their families from exposure to
material which, while legal, they find offensive.
Policies for Usenet News groups
27.The approach extends the PICS standard to Usenet news
groups and recommends that service providers should:
Support the development of a new Internet Standard
(RFC) for transmitting ratings for news groups
according to their 'normal content'. (This is
currently
being developed by Demon Internet and RSAC.)
Support the availability of rating sources for all
Usenet
groups
Modify News Servers to deliver group ratings to
end-user software, when the standard becomes
available.
Promote PICS-enabled news software, when available
Remove from their servers, within a reasonable time
period, news articles identified and verified to them
as
containing illegal material.
28.These measures will interface with both the Safety-Net
Foundation's legality ratings for the normal content of
news
groups, and with the ratings provided by users for material
they have placed on the Internet. In keeping with the
principle
that users should be remain responsible for the material
they
post, "R3 Safety-Net" considers that in the long-term,
users
should be encouraged to rate their news group articles as
they post them. The approach of using ratings for the
'normal'
content of groups, whether supplied by the Safety Net
Foundation or by other sources, is proposed as a first
step. It
will assist both users and service providers in
understanding
the nature of material withinthese groups, and help to
inform
responsible actions towards them.
Policies on Traceability
29.A key aspect of the "R3 Safety-Net" approach is that it
attempts to ensure that users take responsibility for
material
they post on the Internet. To this end, it is important to
be
able to trace the originators of child pornography and
other
illegal material. In this context, the anonymity that it is
possible
to achieve through some services can be abused to mask the
identity of the perpetrator.
30.Anonymity itself can serve a useful purpose in a number of
contexts. However, the abuse of anonymity in posting
illegal
material is a problem which has to be addressed. Allowing
users to have truly anonymous (i.e.: untraceable) accounts
is a
danger, while providing services which create pseudonyms
which remain traceable if necessary, is not. It is
therefore
recommended that service providers should:
Work with the Safety-Net Foundation to close known
loopholes and to identify and investigate a range of
appropriate measures to provide facilities for better
traceability, including, for example:
Provision of audit trails such as
X-NNTP-Posting-Host; and
X-Mail2News-Path.
Reasonable steps which ensure users of "free
trials" can be identified (probably the most
significant source of anonymity which is abused)
including, but not limited to: Use of Caller Line
ID, Verification of Credit Card details at start
of
trial.
Development of new and better forms of
technical counter-measures
Ensure that anonymous servers (e.g.: re-mailers) that
they operate in the UK record details of identity and
make this available to the Police, when needed, under
Section 28.3 of the Data Protection Act.
Development of Policies on other Issues
31.The nature of the problem of child pornography and illegal
material on the Internet will evolve over time. The "R3
Safety-Net " approach recognises this and recommends that
service providers should continue to work, through their
trade
associations, with the Safety-Net Foundation, with the
Police,
Governments and with other interested groups. This may
establish a need from time to time, to adapt existing
policies
or to introduce additional policies to cover new services.
The Proposers
32.This is an industry proposal which all responsible service
providers are encouraged to support and adopt. Brief detail
on those behind these proposals is given below.
Executive Committee of ISPA
33.ISPA is a recently established trade association
representing
the interests of the Internet industry. It aims to offer
members
the chance to participate in a growing dialogue with
Government, the European Union and other international
organisations. The intention is to encourage an open and
competitive environment, and to resist anti-competitive
policies and practices. ISPA currently has 60 members made
up of access providers, Internet cafes and other
enterprises
associated with the Internet.
The London Internet Exchange (LINX)
34.The London Internet Exchange (www.linx.net) is a
not-for-profit association representing the 28 largest
Internet
Service Providers in the UK. Since Oct 1994 it has been
managing the hub at which they connect their networks
together to exchange UK Internet traffic. Its members all
operate their own International links to the global
Internet,
and a majority of them provide access services to UK
customers.
The Safety-Net Foundation
35.The Foundation is the initiative of Peter Dawe, previously
the
Chairman of Pipex. It will be a not-for-profit company
limited
by guarantee.
36.In order to take the "R3 Safety-Net" approach forward, the
Foundation will approach other independent parties to form
a
management board. This could include approaching possible
Directors from a range of backgrounds, including child
protection groups, the Police and the Internet service
provider trade associations. Should the Safety-Net
Foundation become self-supporting as envisaged in the "R3
Safety-Net " approach, then it is Mr Dawe's intention to
step
down as Director.
Last revised : Friday, February 28, 1997
Title: INTERNET SAFETY-NET TO TACKLE CHILD PORN
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23 September 1996
New proposals for tackling illegal material on the Internet - with an immediate focus on child pornography - are announced today by the Internet industry and supported by DTI, the Home Office and the Metropolitan Police. Two leading industry trade associations, ISPA (Internet Services Providers' Association) and LINX (London Internet Exchange), have joined forces with the newly established Safety-Net Foundation to take action on illegal material on the Internet.
Welcoming the Industry's proposals, developed in discussions with the Home Office and the Police, facilitated by DTI, Science and Technology Minister Ian Taylor said:
"This is a ground-breaking proposal and an opportunity for the UK to take a World lead. It is a major industry-led initiative to clean up the 'net, to reassure the public and business that the Internet can be a safe and secure place to work, learn and play.""This is not a question of censoring legal material or free speech. The Internet has never been a legal vacuum. Responsible service providers want to see the law upheld 'on-line' as well as 'off'. The core of this initiative is about dealing with material which breaks our existing laws, particularly where child pornography is involved. It is also about consumers as parents and teachers being able to control the 'net access of the young and vulnerable in their charge, according to their own individual standards." "I want illegal material to be dealt with under the law by the police - and for users to retain clear responsibility for the material they place on the Internet. Individual responsibility is the key." "Service Providers must accept that they too have to adopt a responsible approach and must hinder the use of the Internet for illegal purpose and remove material identified to them as illegal. They can protect themselves from the risk of prosecution for knowingly assisting in the distribution of illegal material, as well as providing protection for the public by establishing a common approach." "These proposals take a substantive first step in this direction. Government and the Police welcome and support this initiative on that basis. Without it, public concern about illegal material is likely to undermine the growth of the Internet with significant draw-backs for the new and innovative applications which will deliver us the benefits of the Information Society." Home Office Minister Tom Sackville, who has responsibility for obscenity and pornography issues, said:
"We at the Home Office made it clear to the Internet providers some time ago that action was needed to deal with obscene material on the Internet.""Some of the material which is available, including pictures of sex acts involving children, is totally unacceptable under the law." "I am delighted that the industry is seeking to address this very serious problem. We will be watching carefully the effect of these measures and considering what further action may be necessary in the future." Superintendent Mike Hoskins of the Metropolitan Police Clubs and Vice unit added:
"We welcome the Internet industry's proposals as a positive and constructive step forward towards effective self regulation of illegal material, particularly child pornography."
Notes for Editors 1. The Government has introduced a number of measures to deal with pornography and obscene material, including their use on computers. The Criminal Justice and Public Order Act 1994 increased the maximum sentence for possession of indecent photographs of children from a £5,000 fine to six months in prison and/or a £5,000 fine. 2. It also gave police the power to arrest without warrant people suspected of obscenity and certain child pornography offences and greater powers to search and seize obscene material and child pornography. It also closed a potential legal loophole by extending the law to cover simulated child pornography manufactured and stored on computer. Possession of such an image is punishable by up to six months in prison and/or a £5,000 fine. 3. The Act also extends the definition of "publication" under the Obscene Publications Act 1959 to cover the transmission of material from one computer to another. 4. The Government has also set up an Inter Departmental Group on Obscenity with a specific remit to look at issues relating to child pornography and the use of computers to distribute such material. The group first met in March last year under the chairmanship of the Home Office. It reports to the Prime Minister through the Home Office. 5. Copies of the proposals are available from:
LINX, Simon Jones 0181 759 0005.
Press Enquiries: 0171-215 5961/2
R3 Safety-Net : Rating, Reporting and Responsibility
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R3
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