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UK government reneges on censorship-free web promise; Plans to ban ‘cyber-criminals’ from the web

By | November 28, 2011, 6:34am PST

Summary: While the UK government maintains its stance that the British web should remain open and uncensored, measures are to be introduced to ban cyber-criminals from the web.

The UK’s cyber-security strategy released on Friday spells out the increased use of “cyber-sanctions”, where those who misuse the Internet for criminal means could be barred from accessing social networks, including Facebook and Twitter, as well as other web based services.

Currently awaiting trial, similar orders have been imposed on alleged members of LulzSec and Anonymous, after a series of websites and government departments came under attack by the hacking groups earlier this year.

These measures were hinted at by Theresa May, the UK’s home secretary in Parliament earlier this month, proposing new measures that would result in those who riot or commit disorder through means of social networks could face bans from these services.

But plans to introduce ‘cyber-tagging’ technology could be used to inform the authorities when banned Internet users break their bail or sentencing conditions by accessing the web.


(Source: Flickr)

But the UK government has not learned its lesson after a backlash from industry leaders, including Facebook, Twitter and BlackBerry maker Research in Motion, after the British prime minister David Cameron considered “turning off” social networks amid widespread rioting, that hit the British capital and other major cities over the summer.

Against popular opinion, two-thirds of Britons would support a social media ’shutdown’ in cases of future riots, civil disorder and widespread violence.

On page 30 of the cyber-security strategy, it explains in more details:

4.28 In addition, the Ministry of Justice and the Home Office will consider and scope the development of a new way of enforcing these orders, using ‘cyber-tags’ which are triggered by the offender breaching the conditions that have been put on their Internet use, and which will automatically inform the police or probation service. If the approach shows promise we will look at expanding cyber-sanctions to a wider group of offenders.

Through the UK’s anti-piracy legislation, the Digital Economy Act, web providers will be forced by law to send notifications to alleged pirates if they are found to be infringing copyright. The law can be used to restrict citizens’ access to the web should they fail to comply with copyright infringement notifications.

But until the ‘code of practice’ terms are made public, notifications are not legally enforceable, Internet analyst Dr. Monica Horten told ZDNet last week.

On page 26, it highlights:

At home we will maintain an effective legal framework and enforcement capabilities to disrupt and prosecute cyber crime. We will make it easier to report cyber crime and ensure that the intelligence from reporting is fed back into effective action and advice to the public. Where appropriate we will use cyber-relevant sanctions to tackle cyber crimes like online bullying or Internet scams.

But Joanna Shields, vice-president of Facebook in Europe, ruled out last month that the UK government would ever shut off access to social networks.

In response to Cameron’s plans to shut down access to social networks amid future disruption, she said: “I don’t think that is ever going to happen”.

Foreign secretary William Hague was reportedly critical of the prime minister’s comments, opposing the plan to censor social networks amid further civil unrest or riots.

Britain does not have firm freedom of speech or expression laws, unlike the United States, whereby these core human rights and liberties are constitutionally bound.

The UK law that governs such rules is the Human Rights Act, rolled down by Europe as part of a wider directive. Even with such provisions, paragraph 2 of the Act outlines where lawful restriction of freedom of expression, not excluding in the “interests of national security” or for the “prevention of crime or disorder”.

While the UK’s coalition government continues to work for a free and open web, with Cameron stating at a cyber-security conference last month that, “governments must not use cyber security as an excuse for censorship”, the government is pushing forward seemingly reneging on this promise.

Arguably, though the British web is censored from child abuse imagery through the Cleanfeed filtering service, the rest remains open.

But does web censorship relate to websites being blocked, or from users being restricted from using the web, or both?

Related:

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Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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Re;why should restricting the criminal's privileges cause so much angst?
hkommedal 1st Dec
@Kev Baylis
Because, whenever they DO restrict them, they usually restrict thousands of non criminals much more than the intended criminals.
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Corrections
johnfenjackson@... Updated - 28th Nov
1. "Against popular opinion, two-thirds of Britons would support a social media shutdown in cases of future riots, civil disorder and widespread violence."

2/3 of popular opinion ... is by definition the popular opinion ... and therefore cannot be against itself.

2. Your use of the V for Vendetta mask is inappropriate, since in the film it is clearly the Governemnt which is breaking the law, whilst wielding enormous powers to boot.

The question is how to distinguish between criminal activity by citizens and criminal activity by the Government. The old question: who polices the policeman? One might expect watchdogs to fulfill such a role but they have proved completely incapable on any important front I can think of.
@johnfenjackson@...
You see, this is Britain- where people are already used to the feel-good police state and run scared when that might be disrupted.

So you'd expect that their laws to reflect that- which this is a prime example of.

So you know what? Let them run scared from the scary Internet, the scary guns, the scary new technologies, the scary people who 2/3rds of the population wouldn't consider "normal"!

Then, someone might just come along and... shake things up. Which is, incidentally, the plot of the movie.

I have confidence that someone will abuse this power. So the power shouldn't exist for anyone to abuse!

Of course, let the scared Britons pass their dumb laws so that they can get on with their lives, because as the videos of the pepper-spraying cop show, police never do wrong. Ever. And to think that that's not the case is a dangerous idea.
@luckyducky7@...

Actually, contrary to popular belief, not everyone has a problem with pedophiles/pedosexuals. Don't believe everything you read on USAToday/Cnn.com/etc. and don't believe anything from L&O: SVU since they delete any entries that dare to go against 'popular opinion' or are 'harmful to minors'.
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Welcome to Oceana
Dr_Zinj 29th Nov
@johnfenjackson@... the common man in the U.K. has no teeth politically. A meaningless vote is worse than no vote at all as the person has the illusion, but no substance; and always wonders why his choices are never implemented.
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The start...
Naryan 28th Nov
This is absolutely grotesque. We ALL know where this is heading. One step at a time they'll take from us everything.
@Naryan Absolutely correct. Unfortunately, the U.S. is headed down the same path. U.K. citizens are so used to "mumsy will take care of everything" that they turn a blind eye to their eroding freedoms. I have several people I know in the U.K that are trying to get over here to the U.S. because of trash such as this!
@luckyducky7 & smashandgrab, sorry lads but you are well out of line. We are not a 'Mumsy' state and not even close to a Police state. Please if you wish to see a Government that is not in touch with it's people and want to impress the Corporate masses look inward my friends. The USA has you bound and gagged, look at how your Police force attacked the 'Occupy Wall Street', how Corporations have the same rights as an individual, how your tax has been used against you, how you are lied to about a National Health Service (It costs more per person in the USA than over here, and we have a very good health service FREE at the point of service). How you have patent laws that are on the edge of insanity, a manufacturing industry that is dead, a piracy law ruled over by the Hollywood elite etc. etc.

We are not getting anything close to what you have in the USA, we are not afraid of the police even if we are coloured (even after fifty years of the civil rights movement you still have a weird culture when it comes to Blacks, Hispanics, or Asians). The copy right laws are stringent and rightly so, but this is a reflex action to the riots earlier this summer. This is to stop social networks hyping the call to riot. To be honest I would not miss Facebook, it would get people out and talking to each other instead of ***** slapping and abusing people they don't know.

Yes we have some strange people in power at the moment, the same as most counties, but we have a very fair idea of the law and where we stand with it or against it. The one thing I would like to see is action against real evil doers and not this hunt for cyber criminals. Yes some get stung by CC but in real terms you lose far more to burglars, muggers, rapists, paedophiles, and violent people in general.

Nobody in their right mind would want to go to America at the moment, your banking system is in tatters, you economy is in prolapse and your education system is in tatters. Honestly you have some great things in the USA mostly the people who make the USA (not your government) the good and great people.

Our legal systems are old and clunky but they resist the urge to be 'Hip', they are still mostly the same laws we have had for hundreds of years. The internet is a 'young things thing' to these old law lords. They see no need to mess with it until it is necessary. Yes ban social network site, good riddance, a waste of time and energy. So much more can be done on the internet that talking balls or slagging people off, playing farmville or whatever is new on it.

If you want to see what Facebook creates in the UK please watch any episode of Jeremy Kyle, mostly relationship problems caused by reading peoples comments on FB. To me ban the lot and Religion to boot, what a great world we would be in if we had less Religious/social network thoughts and more fact based knowledge.

Sorry for the rant but I feel you have us, in the UK marked all wrong, maybe you watch too much Fox news? Start listening to the BBC World Service, Al Jazeera, read some ICH (information Clearing House) or do all of them to get a more rounded over view of the world at large.

Have a great week.
@horus418

Actually, horus, he isn't that far off.

Remember, the U.K. can now:

1. Put you into prison/jail for an undefined time period if you refuse to decrypt your hard drive when they ask you to.

2. Throw you into prison just because you are a pedophile/pedosexual, even if you have done no true criminal act (actually had sex with a child).

Yeah, I think that is going down the road to a national police state. Now, is America doing some things that are just as bad? HELL YES! However, we have people who are speaking out against them and judges who are willing to step in, say that things are unconstitutional, and void those laws.
"These measures were hinted at by Theresa May, the UK???s home secretary in Parliament earlier this month, proposing new measures that would result in those who riot or commit disorder through means of social networks could face bans from these services."

Followed by those who download Big Media controlled music, even with the blessing of the artists behind it. Followed by those who post dissenting views. Ludicrous, disproportionate and frightening. But then with a parliament that appoints an entire puppet MP position to represent the interests of Big Media RE the Internet (Ed Vaizey, MP for "Culture, Communications and the Creative Industries"), what do we expect.
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Instead of changing....
Zorched 28th Nov
And acquiescing to the popular mentality in the face of voter and public dissent, they choose to cut lines of communication to the disgruntled in a very militaristic way. After all, it's incredibly inconvenient when the masses want their freedom and to not be controlled.

How "free" are we again?

Oh yeah, we're not. Not here in the U.S. and not there in the U.K.
@Zorched
"Oh yeah, we're not. Not here in the U.S. and not there in the U.K. " Did you know you need a license to won a TV inb the UK? Don't be so ignorant.
@tom@...

Uh, tom..... the United States is thinking of putting a 'blanket license' thing into place akin to that, so he's not ignorant.
better break out that old C.B. radio for the next "uprising"...
Heeeere crookie, crookie, come to the UK where we'll leave you all alone to do your sastardle, bastardly work of fleeinig everyone you can. Ya gotta love the ttle transitioning going on here!
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This is the problem
cymru999 28th Nov
censorship is censorship - the door to it has already been opened - Most people accept the need to censor inappropriate images of children - however by accepting that you are accepting the principle of censorship and the argument moves to where you draw the line. Already extreme application of this means that people no longer take candid pictures of children they dont actually know and a whole area of the art of photography is being lost. Who is to say that it might not become inappropriate to post images of young people generally - or old people because of perceived vulnerability. However as I say the battle is lost once you accept that it is ok to censor some things the rest simply depends on who holds the reigns of power. The next step looks as if it could be protest and the next might be swearing and so on.....
The correct way to deal with law breakers of any type is to catch them and prosecute them for the crime and not for posting on the internet. If someone posts racially abusive content on a web site in the UK they are guilty of a crime - but not of internet crime - just crime pure and simple.
Banning criminals from the web effectively bans them from online education, that might help them reform, as well... Remember the web also has support groups and people who are there to help those who might commit crime...every action has effects beyond the intended
@cymru999

Actually, no, most people don't. The fact is that pedosexuality/pedophilia (use whichever one you wish) is more accepted than people would like to believe, ala the Sandusky and Fine affairs and what he/they did not being reported for many years.

It's just that a large OUTSPOKEN cadre of people, who manipulate forums and news stations, along with their comments sections, by deleting any comments that support pedosexuality are punking the numbers.

Much as they did with the studies that found that children having sex with adults had 'negative effects' that started out with the thinking that they did and ignored all evidence that proved they didn't or the 'harm' was minimal and temporary, akin to what an adult male/female goes through after their first time.

The only legitimate study was the "Rind, et. al." study, which started out with a NEUTRAL (not pro-, not anti-) on that subject.
I think a lot of people here are making a mountain out of a mole hill and Americans are the last people to decry censorship what do you think the Department of Homeland Security does, it insures that you only hear and read what they want you to know. The Brits are only doing what the Americans have been doing since the 90's, barring those who use the Internet for criminal purposes access to the Internet. Britain is not the first country that has considered turning off Facebook, Canada has considered doing that for five years now because of Facebook's negligence with personal data and misusing that data without the owners consent, I say quit thinking about it and do it, Facebook has got to be the stupidest phenoma of the Internet ever. Britain has never hindered free speech, consider the speakers corner in Hyde Park which has existed for more than 200 years, but take these demonstrations like Occupy Wallstreet, I have yet to figure exactly what they are protesting, they have no leaders and no clear message but are disruptive. A similar type of demonstration this summer got out of hand and a great deal of property damage was done, I would bet that the instigators once having started it retired to their homes and watched the product of their malevolence. The Occupy movement in North America didn't acheive anything but spend taxpayers money for extra policing and garbage pickup, in our city they wrecked a fountain which had been given to the city by Queen Victoria, the cost to repair in excess of $100,000, that money comes out of taxpayers pockets not theirs. The Internet can be used for good, look at the overthrow of despots in the Middle East but it can also be used to do great harm.
overthrowing of the despots. It's like replacing a demon with the devil, with the devil in command of the demons.

There is no such thing as replacing a bad thing with a good thing when it comes to the middle-east. So, who exactly stood to benefit with the overthrow of the despots in Syria and in Egypt. The Muslim Brotherhood is not a democratic movement, I'll have you know.
@adornoe@...

I'm not so sure I would go that far on this. The Middle East has it's problems after the overthrow of dictators, yes. However, if you read the non-biased accounts of the years after the American Revolution, so did America!

We just need to give them time and, most of all, support to keep religious zealots from controlling the government through fear and violence.
revolutions.

In the U.S., the underlying principles for the revolution were not religious based, and in the middle-east, the underlying principles that guide anything that people there do, can be found under their bible, the Koran, and Sharia law. So, no matter what transpires and who ends up on top, there will never be democracy in the middle-east as long as Islam is what guides them in the end. In the U.S., religion was a factor for people leaving their old countries in Europe, but, it wasn't the driver for the revolution and the split from England.

So, no matter how much time the middle-east countries have or how many times the people there revolt, the differences will be minor and really irrelevant, and they'll have either tyrants or groups such as the Muslim Brotherhood or the Taliban or Al-Qaeda, doing the ruling. So, your comparison is quite wrong.
The survey mentioned(http://www.zdnet.com/blog/london/two-thirds-of-brits-support-facebook-twitter-shutdown-in-future-riots/728) was from a select 900 people of a population now nearly 70 million - a tiny number, however this has not stopped a minority of 600 forcing their opinion on this country since 1642 so why stop now ?.
It will not work. A bit like banning farting in public
It will not work. A bit like banning farting in public.
I think Zack ran out of gas this week - I do enjoy some of his stuff, but it is a shame that this lame non-story brought out all those that love to shout about their 'rights'. Everybody should have to weigh balancing responsibilities.

I think it sad that we have lost track of the original concept of the 'Outlaw', people who choose to break the laws created by their democratically elected governments should lose the protections and rights provided by those same laws, i.e. They are 'without-law'.

If someone does not like a law then they should campaign and win the argument to change the law - or move elsewhere. Violent criminality cannot be a right, so why should restricting the criminal's privileges cause so much angst?
@Kev Baylis
Because, whenever they DO restrict them, they usually restrict thousands of non criminals much more than the intended criminals.

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