After the Digital Economy Act passed in July 2017, implementation of age verification has been repeatedly delayed. We were initially told it would start being enforced in April 2018, but it was put back till the end of 2018. In November the Minister for Digital, Margot James, claimed that it will come into effect by Easter 2019, but as far as I know things aren't yet in place to enable the BBFC to begin enforcement.
This leaves website owners and viewers in a state of uncertainty, not knowing at what point they will need to start age verifying to access porn - or publish it. A recent YouGov survey showed that more than three-quarters of Brits have no idea this is even happening. Meanwhile, there are still irregularities and uncertainties with the policy, which I lay out in detail in my recent academic article: Age verification for online porn: more harm than good? My Patrons (at Ally tier and above) can access the full article here.
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.
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.
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.
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.
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.
Spring is sprung, the ass is riz (that's how the poem goes, right?) London has had approximately ten years of winter, or at least that's what it's felt like. I couldn't be gladder to see the back of it. As well as age verification being delayed (hooray!), lots of exciting stuff has been happening in recent weeks. If you're part of my team of elite campaign supporters on Patreon, you'll have seen a mammoth update about the former already - and if you aren't, read this to find out how you can be part of my fight for a better world.
This blogpost is a round up of various other things I've been up to lately.
In early November I gave a talk with Myles Jackman at ORGCon, the UK’s biggest digital rights conference. Journalist Wendy Grossman (@wendyg) facilitated a discussion with me and Myles (@MylesJackman) about age verification.
We outlined the issues as well as we could in 20 minutes - which isn't long given the complexity of the situation. I mentioned that the whole premise of the Digital Economy Act - that children can ‘stumble across’ porn and be damaged by it - is not backed up by any evidence. We also talked about the unworkability of implementation within the deadline; with enforcement announced for April 2018, the regulator has still not been appointed, and porn producers in the UK aren't going to have enough time to evaluate and choose an age verification service.
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.
The event was hosted at Newspeak House, a political community space dedicated to helping technologists improve the way that we make collective decisions as a country. It has regular communal meals and there's lots going on, so if you can get to Bethnal Green and this sounds like your cup of tea, I recommend looking it up.
