Thursday, December 11, 2014 

"Nowhere to hide".

Call me a stick in the mud, but there really is something extraordinarily aggravating about the use of hashtags, in you know, real life.  They're bad enough online, especially when campaigns such as #CameronMustGo are like, totally indicative of the feeling of the general public and for it to be ignored is a typical example of the old media's systemic bias.  Or it could be no one cares about this particular circle jerk for a good reason.  Doesn't excuse them for the ones they do, mind.  Have the Chibok girls been rescued yet, incidentally?

It could be I just despise social media.  All the same, when a group uses a hashtag offline and combines it with an incredibly self-aggrandising statement, such as #WeProtectChildrenOnline, good cause or otherwise, it rather sets my teeth on edge.  Perhaps it's that protecting children so often means infantilising adults, or indeed, the state taking responsibility for that which should be left to parents to decide upon.  We're almost a year on from the universal rollout of "on by default" filtering, and spank me silly if it's made kids safer online by as much as a fraction, the vast majority deciding they prefer the internet uncensored, thank you very much.  Not that most do anything beyond going to Facebook with the odd surreptitious glance at insert your favoured porntube site here anyway.

Ministers regardless of party tend to be at their sanctimonious worst on all matters connected with child safety and the interwebs, understandable when you consider the legitimate concerns surrounding the danger posed by sexual predators online, less so when they're often responding to exaggerated and occasionally plain wrong coverage and campaigning in the media.  You then also have people like the former head of Ceop, Jim Gamble, who seems to imagine he's fighting a one man campaign ala Frank Castle against the evil of paedophilia, only without the guns.  Or the subtlety, for that matter.

Co-opting GCHQ fully into the battle against those particularly devious perverts who hide and exchange material via the dark nets, whether it be Tor, i2p or Freenet, is then a no-brainer.  Anything that makes people forget about things like Tempora, or Optic Nerve, which must have sucked up a fair share of exactly the material David Cameron now wants GCHQ to crack down on the better.  Except, as James Ball points out, GCHQ has been doing exactly this for quite some time already, and politicians have also been flagging up their work ever since the Snowden revelations.

If Cameron's speech really does signal a new offensive by the police and GCHQ against the paedophile forums on Tor, then clearly it's to be welcomed, at least up to a point.  There are reasons to be doubtful however, not least that if the intelligence agencies have found a way to identify both users and where the servers of dark net sites are hosted, the decision to first go after some of the drug markets was a curious one.  Operation Onymous didn't so much as seize a single child porn .onion, leading most to conclude the raids were down to sloppiness on the part of admins rather than flaws in Tor itself.  It might seem counter-intuitive that admins of drug markets are less security concious than paedophiles, until you realise they've still probably got less to lose if they're exposed than paedophiles have.

The other concern is that if Tor is broken, the knowledge of how to identify users will quickly become known to other, less enlightened security agencies, with the activists whom rely on Tor for anonymity the first in the firing line.  It also suggests that despite the encouraging comments from Simon Bailey, the Association of Chief Police Officers' lead on child protection, who said it was realism to admit it was impossible for the police to go after every person viewing child abuse, and that those caught who are determined not to be a risk to children should be treated as patients rather than go before a court, politicians and others are still pretending all those who do so will be brought to justice.  They won't be, not only as the resources aren't there considering the numbers of people estimated to have a sexual attraction to children, but also as combined with a VPN, the use of Tor or i2p offers fairly substantial protection.  Most paedophiles are caught not through being tracked down via the web but due to their cache of child abuse material being discovered by someone accessing their computer in person.

The recognition that a good percentage of those who view child abuse imagery will not themselves abuse children is at least a start.  If we can help those who fear they could act on their urges by not considering every paedophile as an abuser by default, encouraging others like Eddie to come forward, we might be on the way to further preventing abuse before it happens.  Despite the suggestions there isn't any help for paedophiles in this country unless they offend, I suspect if someone was to go to their GP and tell them about their problem they might well be referred either to a psychiatrist or for CBT, but that obviously also sets up the potential for precisely the exposure most paedophiles fear.

What doesn't help is the language of there "being nowhere to hide".  It's both false and encourages paedophiles to seek out the exact "refuges" which do so much to perpetuate the abuse politicians so desperately want to prevent.  Surely, in this post-Savile era, it's time for the debate to become more informed.

Labels: , , , , , , , ,

Share |

Thursday, October 16, 2014 

Not a statement from John Grisham.

(This is a post about child abuse and paedophiles.  I despise "trigger warnings", but considering the content on this occasion thought it should be made clear.)

The reaction to John Grisham's remarks in his Telegraph interview has been all too familiar.  His argument, which it must be said is not wholly convincing in itself and certainly lacked in delivery, was there is a major difference between someone who finds themselves prosecuted for downloading a small number of indecent images of a post-pubescent child and someone who actively abuses a child.  Grisham was talking in the context of America in particular jailing far too many people, including "60-year-old white guys" who "drunkenly" search out such things, relating an anecdote about an old friend from law school caught up in a "honey trap" operation by Canadian police.  The Telegraph itself notes a study from the U.S. Sentencing Commission that found the average sentence for possessing child pornography had doubled since 2004, from 54 months to 95.

Jon Brown of the NSPCC, talking to the BBC, repeated the regularly heard claim that "every time these images are clicked on or downloaded it creates demand that ultimately fuels more child abuse".  In the Guardian, Suzanne Ost writes that "seeking out these images can encourage the market and thus the abuse of more children to fulfil demand".  Which raises the following questions: what kind of a market is there in child abuse images?  Does one exist at all, and if it does, what form does it take?  Does it adhere to the classical laws of supply and demand?  Does it resemble the market for adult pornography, or say the one for illegal drugs?

Attempting to answer those questions is as you might expect, incredibly difficult to next to impossible.  What we do know is that child pornography operated for an extremely short period of time as an above ground industry, and only then in a tiny number of countries, such as Denmark and the Netherlands, although magazines were also produced in this country as well the United States.  When it comes to the internet era, less than 10 years ago research suggested a "substantial amount, if not most" of the child abuse imagery circulating could still be traced to this period, roughly between 1969 and 1987, when one of the last mail order magazines was closed.

This will have undoubtedly changed since then. There is still relatively little however to suggest there is a market for child abuse images beyond the relatively small paedophile communities established on private forums, and most notably, on the so-called "dark net(s)".  Nor with the exception of the occasional professional operation, mostly based in eastern Europe, have there been what can be described as commercial producers of "new" child abuse material rather than simply distributors of that which already existed.  Most of the forums and sites to be found on the dark net, of which there have been a dwindling number since the shutting down of Freedom Hosting, require registration, with the most "exclusive" even requiring that prospective members first upload child abuse images they have obtained from elsewhere before they are given access.

One of the best insights we have into the volume of child abuse material available online was provided by the Anonymous raids on Lolita City, with those behind the hacking of the site claiming it hosted over 100GB of indecent images.  Anonymous first discovered Lolita City and the hosting of child pornography on Tor via the Hidden Wiki; the wiki itself claims that a month before it closed, Lolita City hosted 1.4 million images.  How far the Hidden Wiki can be relied upon is obviously open to question, as with any wiki: one of its pages attempts to do nothing less than provide a "history of CP", including describing in graphic detail the abuse of children depicted in some of the videos presumably available via the sites it provides links to.  The page for one of the newest established forums, up only since August, claims it already has over 110,000 registered users.  For context, the BBC suggested that Black Market Reloaded had around 300,000 registered users back in December, while the FBI indictment against Ross Ulbrict, the alleged owner of the Silk Road marketplace, claims it had 957,079 registered users.  The BBC also in June conducted an interview with a self-described former operator of a dark net paedophile forum, which he said had 40,000 registered users.  His own cache of material amounted to "12 gigabytes".

We can't of course know how much of the hosted and exchanged material would be found to be indecent under the Protection of Children Act.  There has long for instance been a demand for "non-nude" images of children, and on some of these forums they would almost certainly be hosted alongside the illegal content.  Without doubt the most widely available indecent content is that categorised as Level 1, erotic posing without sexual activity.  This raises the question of how erotic posing is defined, as past controversies have centred around.  By the same token, the rarest is likely to be Level 5, which involves either sadism or bestiality, referred to by some paedophiles as "hurtcore", although it would presumably also comprise some of Level 4, defined as penetrative sexual activity between children and adults.

None of which answers the question of whether merely viewing an indecent image, beyond its illegality, really does encourage the abuse of more children, taking out of the equation for the moment whether doing so can encourage the viewer himself to either abuse a child or lead to the belief that sexual attraction to children is normal.  Certainly, the forums hosted on Tor would soon wither if there was no new material posted, and they are without doubt used by abusers themselves to share images and videos of their crimes, and are encouraged to continue by their fellow abusers.  At the same time, it is far too simplistic to claim as Brown does that "every time these images are clicked ... it creates demand".  It's certainly arguable that this could be the case if some of the admins of these sites were producers of material, and also if they were charging for access to it.  Very few if any are.  Even those actively seeking out material through web searches or on "clear net" p2p services are unlikely to be creating further demand, mainly because the battle against abuse imagery has been so successful when it comes to the overground.  The image Brown conjures up is one analogous to that of the adult pornography business, which could not survive even in its current emasculated form without consumers being willing to pay for content.  It just doesn't work like that, and never really did.

Ost in her piece goes on to further describe how viewing child abuse images harms beyond the simple market and demand argument, and on this she is on far sturdier ground, also pointing out how much harder it is to stumble across such material than it once was.  One wonders though whether the immediate criticism of Grisham in such condemnatory terms really helps anyone.  It certainly doesn't add to our understanding of how online paedophiles are currently organised or how they operate, nor does it do anything but further stigmatise those attracted to children who have no intention of acting on their feelings.  It could however push them towards others who do.  Surely that's something no one wants, regardless of how paedophiles as a whole are viewed.

Labels: , , , , ,

Share |

Tuesday, December 09, 2008 

Wikipaedia part 2.

Almost as quickly as it was imposed, the blocking of the Wikipedia entry on the Scorpions' Virgin Killer album has been lifted. Don't imagine however that this is because the Internet Watch Foundation has suddenly decided that the image after all isn't indecent, or that regarding the context of it, it's ridiculous to now declare 32 years after its original release that it is. Their statement again says it all:

Following representations from Wikipedia, IWF invoked its Appeals Procedure and has given careful consideration to the issues involved in this case. The procedure is now complete and has confirmed that the image in question is potentially in breach of the Protection of Children Act 1978. However, the IWF Board has today (9 December 2008) considered these findings and the contextual issues involved in this specific case and, in light of the length of time the image has existed and its wide availability, the decision has been taken to remove this webpage from our list.
Any further reported instances of this image which are hosted abroad, will not be added to the list. Any further reported instances of this image which are hosted in the UK will be assessed in line with IWF procedures.
IWF’s overriding objective is to minimise the availability of indecent images of children on the internet, however, on this occasion our efforts have had the opposite effect. We regret the unintended consequences for Wikipedia and its users. Wikipedia have been informed of the outcome of this procedure and IWF Board’s subsequent decision.

In other words, the only mistake the IWF is owning up to is that they overreached themselves in blocking a site that was always likely to stand up to them. While admitting that they flagrantly failed to consider the contextual and extenuating circumstances surrounding the image, they make quite clear that if the image was hosted on a server in the UK that they reserve the right to demand that it either be taken down, and/or blocked. It is, after all, in their view, in breach of the Protection of Children Act 1978. That the "child" didn't object at the time and still doesn't object today is irrelevant, as is the context of the image when it isn't hosted on a encyclopaedic or shopping website.

The entire case highlights the secretive and undemocratic nature of the way the IWF operates. If, rather than Wikipedia, they had simply blocked a page on a Scorpions fan site, no one would probably have been any the wiser, and even if it had been noticed, seems unlikely to have spread beyond the tech based sites. It's only because they overreached themselves and completely failed to think through the consequences of blocking a site of the size of Wikipedia that they have come so unstuck.

It also highlights the disparity between the increasing tenor of our laws and those of our peers abroad. Once the ban on "extreme pornography" comes in, our own smut purveyors which dabble in such material will be essentially out of a job, unable to know what is and isn't illegal without running up obscene legal costs. Similarly, the same reason why there isn't much of a porn industry in this country is because of the draconian and ridiculous laws on, if you'll excuse the expression, "hard" copy distribution of the finished product. The only place you can legally buy a hardcore DVD from is a council sanctioned sex shop, again usually for an obscene price. This doesn't stop mail-order or internet companies from existing, but essentially they are breaking the law by operating in such a way. There is however no such ban on you importing hardcore material from abroad, although customs can still be sniffy about the more extreme material - meaning that our overseas cousins have a monopoly on the market. Some will think there's nothing wrong with that, as after all, pornography is without doubt exploitative, but it still seems ludicrous in this day and age.

The entire episode has also shown the haphazard way in the which the IWF was founded, and its rather curious legal position. As noted by Richard Jones in the comments on the previous post, the IWF or rather its predecessor, SafetyNet, came about primarily as an invention of ISPs to avoid direct government censorship, which our ever prurient media and police were advocating once it became public knowledge the delights that the internet could offer, with the Met threatening to raid an ISP over the contents of 132 newsgroups which it considered the ISP to be personally publishing by carrying. As laudatory as this was, this also means that there is no specific legislation concerning the IWF's legal status. Agreements between the government and the ISPs themselves effectively govern its entire being and what is and isn't censored. Jimmy Wales, the founder of Wikipedia, has said that his first intention was to send in the lawyers - until they informed him that because the IWF isn't a statutory body it isn't even clear that they can be sued. That is remarkable in itself.

Moreover, the IWF has just more or less admitted that there is very little it can do about large foreign opponents complaining and attempting to get around the bans which it might well impose, come the 26th of January. They'll have no problems banning "extreme pornography" from UK servers, but considering very little of it exists as it is in this country, Longhurst's win might well turn out to be a pyrrhic victory. If the IWF shows the same level of intellect in blocking the likes of "Necrobabes" or other such sites as it has Wikipedia, it might well find itself being shown up as ineffective as well as unaccountable. That the IWF's blocks can easily be circumvented using anonymiser websites or open proxy servers should be irrelevant.

Again, it's worth stating that this is not primarily about child pornography, or "child sexual abuse images", as the IWF term them. No one has any real problem with what are clearly abusive images of children being either censored or removed from the internet, as images or video above the "level 2" scale are, with images at the "level 1" scale being very carefully considered before they are similarly removed. It's with the IWF's extending mandate and their apparent inability to exercise what appears to good common sense. After all, shouldn't a court establish what is and isn't material which incites racial hatred before they block it, especially when the IWF has no solid legal basis? You can argue that this is what it is doing in the Darryn Walker case, but should any fictional textual material now be considered to be potentially obscene in the first place? The IWF's whole existence is based on a compromise, one that we ought to be careful before we challenge, considering the potential to make things a whole lot worse rather than better, but shouldn't there at least be legislation put forward which sets up the organisation as a separate independent legal body, like the BBFC, which can be challenged and held to something approaching account, and so the organisation's current set-up can be discussed in parliament? By bringing itself into disrepute over something so apparently inconsequential, a whole hornet's nest has been opened up.

Related:
Wardman Wire - Privatised censorship
Frank Fisher - A nasty sting in the censors' tail

Labels: , , , , , , , , ,

Share |

Monday, December 08, 2008 

Wikipaedia.

Another erotic album cover pose?

It occasionally takes a decision made ultimately by an underling to expose the stupidity that often underlies some of the laws which govern us - and the moronic, for it can only be described as moronic, decision by someone simply doing their job at the Internet Watch Foundation that an album cover by an otherwise almost forgotten metal band from the 70s amounts to child pornography, although of the very lowest level, resulting in the blocking of the editing of Wikipedia for sections of the UK deserves to be one of those.

The Internet Watch Foundation's main work is blocking images of "child sexual abuse images" (according to them, terms such as child pornography "are not acceptable", as apparently the "use of such language acts to legitimise images which are not pornography, rather, they are permanent records of children being sexually abused", which suggests they don't just want to censor images but words also) which for the most part, with the exception more than ably illustrated today, is uncontroversial. Less well-known however is that they also block material which incites "racial hatred", although again how much of it they actually do block is impossible to know, but also material which potentially breaches the Obscene Publications Act. The OPA, notoriously, defines an obscene publication as something which is liable to both "deprave and corrupt", something wholly subjective and which juries, notably during the 1980s, could not decide upon when the "video nasties" were prosecuted. Some found some of the films brought before them to be obscene; others decided that the exact same films were in fact, not obscene. Most recently this remit resulted in the prosecution of Darryn Walker, author of a short story depicting the kidnap, rape and murder of the pop group Girls Aloud, apparently first reported to them and passed by them onto the police. His trial is upcoming.

That decision was one of the first to alert us to the vagaries of an apparently unaccountable organisation which still deigns fiction to be liable to bring out the inner Daily Mail reader in us all, but the blocking of the "Virgin Killer" cover is far more instructive of what might be yet to come. According to the IWF, the Virgin Killer cover amounts to level 1 indecent image of a child, as defined by the Sexual Offences Act 2003. Level 1 images depict "erotic posing with no sexual activity". Whilst all the successive levels involve actual sexual activity of one variety or another, level 1 is, like the OPA definition, utterly subjective. Is the girl in the image posing erotically? Quite possibly. Even if she is however, surely the extenuating circumstances surrounding the image should have been taken into consideration. Not only is the image over 30 years old, been available on the high street without causing any real high profile attention, but a tiny amount of background reading from the controversy that had arisen over it would have shown that the girl depicted was someone related to those behind the cover design, that she had posed willingly at the time and has no objections to it now still being used. That the image is not just available on Wikipedia, but also on Amazon (or at least was) and a dozen other places via a Google search, ought to have suggested that this should be a special case.

Instead what we have is an organisation which thinks that using a sledgehammer to crack a nut is both a good idea, and one which is only concerned by doing things entirely by the rules as set out before them. Image is, according to their thinking, obscene, therefore it must be blocked. As it isn't hosted in this country and therefore the ISP responsible cannot be ordered (surely asked politely? Ed.) to take it down, proxy servers and fake 404 pages are set-up to do the job. No thought is given to how this might affect what is after all a rather larger endeavour than a Scorpions album cover repository. The statement from the organisation doesn't even begin to delve into how the decision was came to be made in detail: instead, all they've done is added the URL to the list "provided to ISPs and other companies in the online sector to protect their customers from inadvertent exposure to a potentially illegal indecent image of a child". Protect is the key word; that's after all what they're doing. It doesn't matter that no one would ever be prosecuted over a single image, especially one in such wide circulation; the general public but most of all their customers needs to be saved from potential "inadvertent exposure".

Where after all does all of this end? As others have already pointed out, children have throughout art history been depicted naked, perhaps, it deserves to be pointed out, in more innocent, less hysterical times. Recently the London Underground briefly banned the image of a nude Venus lest anyone be sexually aroused by the advert for an exhibition. If someone for instance posted images of their children online in a photo album (not advisable by any yardstick), and one of these was reported by the same apparent busybody that reported this one to the IWF, and was decided by one of their employees to involve an "erotic pose", would that find itself being blocked too? If "Klara and Edda Belly Dancing" was reported to the IWF, would they demure from the police decision not to prosecute after it was seized from an exhibition and potentially suggest that it also involved erotic posing?

The real concern here though is not over idiotic individual decisions, but rather that from the end of January next year the IWF will also have the power to block "extreme pornography", the kind recently outlawed after parliament abjectly failed to prevent the campaign by Liz Longhurst reaching its ultimate conclusion. This will potentially lead to the blocking of any pornographic material, which is again subjective, which portrays the threatening of a person's life or which results or is likely to result in serious injury to a person's anus, breasts or genitalia, to say nothing of the ban it also places on apparent necrophilia or bestiality. The Heresiarch noted at the time of the Brand-Ross frenzy that the fragrant Georgina Baillie had appeared in material which could well find itself falling foul of the law and which the Daily Mail had republished. To suggest that the law in this case is nonsensical is perhaps to be too kind; the contradictions and lunacy of banning out and out pornographic material featuring necrophilia, for example, when "art" films such as Visitor Q, which features a man killing and then having sex with the corpse of his victim (although that's not by any means an adequate explanation of what goes on and it is a rather excellent film by the consistently outrageous Takashi Miike), Kissed and Love Me Deadly are considered fine to be seen by those over 18, despite the fact that what one man deems culture another deems beating off material have to literally (or ought to be) be seen to be believed. Who has any confidence whatsoever in the IWF making sensible decisions based on the current performance?

It would be nice to imagine that it ends there. But it doesn't. There are plans to ban drawn material which depicts "abuse" or sex between child and adult, which sounds fair enough, but which is likely to be used not just to ban "lolicon", as such anime-type material is known, but hentai and other anime where the age of those involved is not so obvious. Having therefore made those predisposed to sadomasochistic material potentially breach the law to otherwise further their perfectly legal personal habits, the government seems to wish to criminalise those that enjoy the likes of La Blue Girl (already admittedly banned or heavily cut when submitted to the BBFC) or other fantastical hentai as well. Along with the plans to prosecute those who have sex with prostitutes "controlled by others" with rape, with ignorance not being an excuse, you'd similarly be excused for imagining that the government was determined to diminish sexual freedom as a whole by stealth, all so that one-off campaigners and tabloid newspapers can sleep secure in their beds knowing that perverts aren't masturbating and potentially incubating deviant thoughts which they will subsequently carry out on others. Although whether someone will ever successfully create a tentacle monster remains to be seen.

If this sounds like a slippery slope argument, suggesting that child pornography isn't so bad really honest, then it isn't. It does however come down to whether you think that the likes of the Scorpion album cover is an image of abuse, as the IWF does. If you don't, then you have reason to be concerned not just that an organisation like the IWF which claims to be self-regulating has such a potentially chilling control over the internet in this country, but also that the government seems convinced that far less exploitative imagery must also be banned for all our sakes. Then we won't just that IWF to blame and attack, but ourselves also.

Labels: , , , , , , , , ,

Share |

About

  • This is septicisle
profile

Archives

Powered by Blogger
and Blogger Templates