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BDSM Ethics and Practice, and other training for the BBFC

Posted at 17:00 on 14 Sep 2018 by Pandora / Blake

Last week I was invited to visit the British Board of Film Classification (BBFC) and deliver a half day of training. This was something of a coup. Three years ago, my ethical porn website had just been closed down by the previous online porn regulator, due to my films contravening guidelines maintained by the BBFC. Now, the new online porn regulator were asking me to come and deliver an expert briefing to their compliance team about BDSM, its ethics and practice, and my recommendations regarding the way BDSM films are regulated.

It was an amazing opportunity to meet the people making decisions that affects filmmakers like me, talk to them about the issues, and create a shared context. I was excited to have the chance to share my knowledge and experience to help the team's understanding as they make classification recommendations on BDSM content.

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Tags: age verification, BBFC, BDSM, consent, ethics

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BBFC told it isn't up to the challenge

Posted at 13:00 on 12 May 2018 by Pandora / Blake

Age verification has been hanging over us for several years now - and has now been put back to the end of 2018 after enforcement was originally planned to start last month.

I'm enormously encouraged by how many people took the opportunity to speak up and reply to the BBFC consultation on the new regulations.

  • Over 500 people submitted a response using the tool provided by the Open Rights Group, emphasising the need for age verification tech to be held to robust privacy and security standards. I'm told that around 750 consultation responses were received by the BBFC overall, which means that a significant majority highlighted the regulatory gap between the powers of the BBFC to regulate adult websites, and the powers of the Information Commissioner to enforce data protection rules.
  • The Open Rights Group also submitted a weighty response that offered a deep dive into the privacy and security risks of age verification.
  • Security expert Alec Muffett, who also sits on the Board of Directors of ORG, wrote this punchy response highlighting the discrepancy between the security protocol in place for credit card transactions, and the lack of security requirements for age verification tools - which collect far more sensitive data with no means of redress in the case of someone being publically outed.
  • Backlash submitted a tremendously forceful response emphasising the extraordinary risk to individuals' privacy, and holding the BBFC to account for preventing another "Ashley Madison" style hack of even greater magnitude - which would have devastating consequences for millions of UK adults.
  • As well as helping out behind the scenes with the ORG and Backlash responses, after talking through the issues with Myles Jackman I submitted a response on behalf of both of us, which attempts a thorough review of the freedom of expression, privacy and security risks of age verification. It goes into detail about the impact of the policy on low traffic porn sites and independent sex workers, and the lack of credible evidence supporting age verification.

I'm delighted to hear that many other notable community members including Professor Clarissa Smith and Vex Ashley submitted responses which no doubt add their own forceful arguments against the implementation of age verification in its current form. I wanted to highlight a couple of exceptional responses from individuals which were shared publicly.

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Tags: age verification, Backlash, BBFC, consultation, Myles Jackman, Open Rights Group

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Response to the BBFC consultation on age verification

Posted at 08:00 on 24 Apr 2018 by Pandora / Blake

I sent a response to the BBFC consultation on their draft guidance on age verificationon behalf of myself and obscenity lawyer Myles Jackman.

Table of Contents

  • Do you agree with the BBFC's Approach as set out in Chapter 2?

    • Child protection

    • The scope of the legislation

      • Out-dated classification guidelines
      • “Frequently visited”
      • Extreme pornographic material
      • Indecent images of children
    • Right of Appeal

    • Sanctions and disproportionality

    • Impact on low-traffic websites

      • Financial impact
      • Lack of technical resources
      • Social benefits of online sexuality communities
      • Impact on diversity and freedom of expression
      • Proposals
    • Impact on independent sex workers

  • Do you agree with the BBFC's Age-verification Standards set out in Chapter 3?

    • Privacy “recommendations” are unenforceable

    • Risk of social exclusion

    • Collection and retention of data

      • Conflict of interest
      • Risks associated with data breaches
      • Lack of redress
  • Do you have any comments with regards to Chapter 4?

    • Insufficient security standards

      • PCI-DSS
      • PAS 1296
      • Data protection
    • Regulatory oversight

    • Conclusion

Click here to read the full consultation response.

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Tags: age verification, AgeID, BBFC, freedom of expression, freedom of speech, ICO, MindGeek, Myles Jackman, privacy, security, sex worker rights

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Tell the BBFC age verification will do more harm than good

Posted at 12:34 on 19 Apr 2018 by Pandora / Blake

By the end of this year, the Government is planning to enforce new rules requiring anyone in the UK to prove their age before looking at pornographic websites. Young people deserve our protection and support, but there is no evidence that these measures will do anything to keep children safe - and meanwhile, the Government are reducing funding for sex education, schools, libraries and youth clubs, indicating that they are more interested in blocking access to pornography and controlling the Internet than in truly helping young people.

The Government is leaving it to private companies to handle age verification, enabling these companies to collect databases of the porn browsing habits of UK adults which could be leaked or hacked. Despite these risks, the regulations contain no strong requirements for age verification tools to protect user privacy.

The regulator is holding a public consultation which is open until next Monday, April 23.  We need as many individuals as possible to respond to the consultation. Would you please add your voice using the resources below, and share these links with your networks? Even a quick response in favour of increased privacy requirements would be enormously valuable.

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Tags: age verification, AgeID, BBFC, MindGeek, Open Rights Group

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Strong privacy is a must for age verification tech

Posted at 15:23 on 18 Apr 2018 by Pandora / Blake

Open Rights Group

The Open Rights Group are urging people to respond to the BBFC public consultation on their age verification guidelines.

The Government is about to require all UK internet users to verify they are over 18 to be able to view pornography. This will likely require users to use documents like a passport, credit card, or driving license to prove their age to the site.

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Tags: age verification, BBFC, Digital Economy Act, Open Rights Group, privacy

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DCMS pass the buck on age verification

Posted at 16:00 on 9 Jan 2018 by Pandora / Blake

Queer porn maker infiltrating Parliament: Pandora Blake visits the DCMS

Before Christmas I met the DCMS to talk to them about age verification, and try and get some answers out of them. Here's what I learned.

Who will have to comply?

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Tags: age verification, audio, BBFC, DCMS, Digital Economy Act, freedom of expression, freedom of speech, MindGeek, privacy, security

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Do you trust PornHub with a database of your sexual preferences?

Posted at 22:20 on 16 Nov 2017 by Pandora / Blake

Mindgeek: Big data

The more I learn about age verification, the worse an idea it seems to be. I’ve written before about the logistical problems with the policy, especially in light of the proposed enforcement deadline of 27 April 2018. We still don’t know how it will be enforced, who the regulator will be, or what will be considered compliant; and there are lengthy Parliamentary processes to be completed before we can find out.

Meanwhile the Department for Digital, Culture, Media and Sport, and the British Board of Film Classification (who are tipped to be the new regulator) are refusing to engage. I recently organised a roundtable of security experts, privacy campaigners, site owners and age verification providers to share knowledge and discuss the issues, and both DCMS and BBFC declined to attend. The DCMS are also refusing to answer my questions via email.

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Tags: age verification, BBFC, DCMS, Digital Economy Act, Digital Economy Bill, DPA, Mindgeek, privacy, security

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Age verification - more questions than answers

Posted at 17:50 on 20 Aug 2017 by Pandora / Blake

Since the Digital Economy Act passed in April, age verification is coming to the UK - and the government have announced a deadline of April 2018. Thanks to the combined campaigning efforts of myself and various groups, we managed to get an amendment passed which averted the worst case scenario regarding prohibited content. But with web blocking still in place as a potential sanction, and no safeguards for user privacy, the Act still represents bad news for UK internet freedom.

I’m not the only one concerned about this. The Open Rights Group are also worried about the consequences of this badly-worded new law. This month I’ve had meetings with Executive Director Jim Killock and Legal Director Myles Jackman about age verification and what we can do about it. ORG have a long history campaigning for digital rights, and I've been a member for over ten years. We'll working together over the coming months to campaign on age verification and privacy, alongside my work with Backlash and as an independent voice.

I joined ORG in meeting Chris Ratcliff from the Digital Policy Alliance, the cross-party group consulting to the Government on the age verification policy, and also with a representative from the DCMS (the Department of Digital, Culture, Media and Sport - the ‘digital’ has been recently added), the branch of the civil service who are responsible for implementing it. The meetings were useful in allowing me both to make my concerns known, and ask questions to improve my understanding of the situation. Although I learned a lot, overall it seems that as far as age verification is concerned, there are still more questions than answers. 

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Tags: age verification, AVMS, BBFC, censorship, DCMS, Digital Economy Act, Digital Economy Bill, Digital Policy Alliance, digital rights, Mindgeek, obscenity, Ofcom, Open Rights Group, porn, porn law

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The final shape of the Digital Economy Bill

Posted at 18:37 on 18 Apr 2017 by Pandora / Blake

Since the Digital Economy Bill passed to the House of Lords a few months ago, I’ve been following its progress closely. I’ve also been doing my best to intervene in the amendment of the Bill by lobbying the Lords - specifically, sending out a briefing on behalf of Backlash after the second debate, before the Bill was discussed in committee. Each time any transcripts have been published, I’ve read them - and started writing blogposts about each stage of the debate. But I’m not a lawyer, and the passage of a Bill through Parliament is a dense legislative process. Honestly, it’s taken all of my capacity to read, digest and comprehend the Hansard transcripts; I didn't also manage to write succinct, accessible reports on the changes as they happened.

I'm going to have to ditch those half-written drafts now, because the Lords have voted on their final amendments to the Bill, and passed it back to the House of Commons for approval. Section 3 on age verification for online porn has changed in some significant ways. In theory there is still the opportunity for MPs to disagree with the changes and propose amendments of their own; bills can be passed back and forth between the Houses until agreement is reached. But realistically, with a General Election just having been announced for 8 June, it's very unlikely that there will be time for an extended game of legislative ping pong. It's much more likely that the Bill will be rushed through in wash-up without any further changes. So this draft is probably the final shape of the forthcoming Digital Economy Act 2017.

I’ve spent a couple of days reading up on the Lords committee report and third debate, and I think I understand them as well as I’m going to. So here’s my overview of the final shape of the Digital Economy Bill.

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Tags: age verification, BBFC, classification, cybersecurity, Digital Economy Bill, extreme porn legislation, lobbying, online harassment, privacy, prohibited content, slut-shaming, young people

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Restricting niche porn sites is bad news for people with marginalised sexualities

Posted at 09:41 on 30 Nov 2016 by Pandora / Blake

Restricting niche porn sites is a disaster for people with marginalised sexualities - Pandora Blake for The Guardian

Last week I had an article published in the Guardian about the impact of the forthcoming Digital Economy Bill, and its proposed restrictions on online porn. You can read it here - Restricting niche porn sites is a disaster for people with marginalised sexualities.

The article has received over one and a half thousand comments - and I was pleasantly astonished to discover that the majority of them are sympathetic or supportive. It seems that many people share my outrage that the Government think it a worthwhile use of time and money to legislate what consenting adults do for fun - or think that this bill is a proportionate, workable answer to the problems emerging from young people's lack of sex education.

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Tags: age verification, BBFC, classification, Digital Economy Bill, Dreams of Spanking, ethical porn, feminist porn, Guardian, in the news, kink acceptance, Kink Olympixxx, law, media, Myles Jackman, Obscene Publications Act, obscenity, porn, protest

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