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The UK Government Knows How Extreme the Online Safety Bill Is

SCHEERPOST, By Joe Mullin / Electronic Frontier Foundation (EFF)

The U.K.’s Online Safety Bill (OSB) has passed a critical final stage in the House of Lords, and envisions a potentially vast scheme to surveil internet users. 

The bill would empower the U.K. government, in certain situations, to demand that online platforms use government-approved software to search through all users’ photos, files, and messages, scanning for illegal content. Online services that don’t comply can be subject to extreme penalties, including criminal penalties. 

Such a backdoor scanning system can and will be exploited by bad actors. It will also produce false positives, leading to false accusations of child abuse that will have to be resolved. That’s why the OSB is incompatible with end-to-end encryption—and human rights. EFF has strongly opposed this bill from the start. 

Now, with the bill on the verge of becoming U.K. law, the U.K. government has sheepishly acknowledged that it may not be able to make use of some aspects of this law. During a final debate over the bill, a representative of the government said that orders to scan user files “can be issued only where technically feasible,” as determined by Ofcom, the U.K.’s telecom regulatory agency. He also said any such order must be compatible with U.K. and European human rights law. ……………………………………………………………………………

People Need Privacy, Not Weak Promises

Let’s be clear: weak statements by government ministers, such as the hedging from Lord Parkinson during this week’s debate, are no substitute for real privacy rights. 

Nothing in the law’s text has changed. The OSB gives the U.K. government the right to order message and photo-scanning, and that will harm the privacy and security of internet users worldwide. These powers, enshrined in Clause 122 of the OSB, are now set to become law. After that, the regulator in charge of enforcing the law, Ofcom, will have to devise and publish a set of regulations regarding how the law will be enforced. 

Several companies that provide end-to-end encrypted services have said they will withdraw from the U.K. if Ofcom actually takes the extreme choice of requiring examination of currently encrypted messages. Those companies include Meta-owned WhatsApp, Signal, and U.K.-based Element, among others. ……………………….

Finally, lawmakers in other jurisdictions, including the United States, should take heed of the embarrassing result of passing a law that is not just deceptive, but unhinged from computational reality. The U.K. government has insisted that through software “magic,” a system in which they can examine or scan everything will also somehow be a privacy-protecting system. Faced with the reality of this contradiction, the government has turned to an 11th hour campaign to assure people that the powers it has demanded simply won’t be used.  https://scheerpost.com/2023/09/15/the-uk-government-knows-how-extreme-the-online-safety-bill-is/

September 17, 2023 - Posted by Christina Macpherson | politics, secrets,lies and civil liberties, UK