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Comment by bArray

21 hours ago

> The government told the BBC it welcomed the High Court's judgment, "which will help us continue our work implementing the Online Safety Act to create a safer online world for everyone".

Demonstrably false. It creates a safer online world for some.

> In particular the foundation is concerned the extra duties required - if Wikipedia was classed as Category 1 - would mean it would have to verify the identity of its contributors, undermining their privacy and safety.

Some of the articles, which contain factual information, are damning for the UK government. It lists, for example, political scandals [1] [2]. Or information regarding hot topics such as immigration [3], information that the UK government want to strictly control (abstracting away from whether this is rightfully or wrongfully).

I can tell you what will (and has already) happened as a result:

1. People will use VPNs and any other available methods to avoid restrictions placed on them.

2. The next government will take great delight in removing this law as an easy win.

3. The likelihood of a British constitution is increasing, which would somewhat bind future parliaments.

[1] https://en.wikipedia.org/wiki/List_of_political_scandals_in_...

[2] https://en.wikipedia.org/wiki/Category:Labour_Party_(UK)_sca...

[3] https://en.wikipedia.org/wiki/Modern_immigration_to_the_Unit...

The law was passed by the previous government and everyone assumed the next government would take great delight in reversing it.

I wouldn’t be so sure that any next government (which, by the way, there is still a non zero chance could be Labour) will necessarily reverse this. Maybe Reform would tweak the topics, but I’m not convinced any party can be totally trusted to reverse this.

  • Every single Labour politician who voted on this bill voted against it.

    Peter Kyle was one such MP, and now he's making statements like:

    > I see that Nigel Farage is already saying that he’s going to overturn these laws. So you know, we have people out there who are extreme pornographers, peddling hate, peddling violence. Nigel Farage is on their side.

    It's maddening. The worst part is that they've somehow put me in the position of defending Nigel Farage.

    • > The worst part is that they've somehow put me in the position of defending Nigel Farage.

      I've come to believe that is the point of forcing people to choose between extreme polarizing positions. It makes disengagement feel like the only moderate move.

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    • The only time a labour majority voted against this bill was when an amendment to make category 1 sites have optional controls for users (something that would have prevented this).

      I’m going to guess that our MP’s are tech illiterate enough as it is, that when an opaque term like “what is a category 1” came up, someone hand waved over it and said “think Facebook or Twitter”

    • Did it occur to you they only voted against it because they knew it would pass anyway, so they could afford scoring some brownie points?

    • I genuinely thought that Farage would finally fuck off after brexit happened. I hadn't really figured that he's in it for the attention rather than the politics

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    • They're all using it to virtue signal their hatred of child porn. It's basically religious at this point. You stray from the line and someone just shouts infidel and you get stoned to death.

      Unfortunately the atheism movement of a about ten years ago didn't go far enough in making people aware that religion isn't just about big men in the sky who are the same colour as you. What it actually is is a deficiency in human ability, a bypass for the logical centres of the brain and a way to access the animal areas that can get people to do terrible things to each other. Some of them, like Hitchens, definitely understood this, but nobody seems to be talking about it any more and we didn't learn to be vigilant of this deficiency.

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    • Ugh, that quote is a disgusting way to argue. It's akin to saying that all vegetarians are nazis because Hitler was a vegetarian.

  • I think something like reversing it in one specific domain (e.g. softcore porn or static images). Then retooling it so it applies to e.g. people viewing info on immigration rights etc. is likely on the cards.

  • > The law was passed by the previous government and everyone assumed the next government would take great delight in reversing it.

    Unless a law is a mortal threat to the current party in power, it will not be repelled. Even so most likely they will try to wash it down instead of actually abolishing it.

  • What? I can't imagine anybody who was paying attention through any of this would have expected that Starmer's Labour would reverse this...

  • If the current government reversed it, the 'oh think of the children' angle from the Tories/Reform against them would be relentless. I cant say they have been amazing at messaging as it is.

    • The current leaders of both the Conservatives and Reform are on record as being against the Act. While this doesn't preclude them changing their mind, it does make it more difficult for them to reverse course.

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  • > I wouldn’t be so sure that any next government will necessarily reverse this.

    Agreed. I think the supposed justifications for mass population-wide online surveillance, restrictions and de-anonymization are so strong most political parties in western democracies go along with what surveillance agencies push for once they get in power. Even in the U.S. where free speech & personal privacy rights are constitutionally and culturally stronger, both major parties are virtually identical in what they actually permit the surveillance state to do once they get in office (despite sometimes talking differently while campaigning).

    The reason is that the surveillance state has gotten extremely good at presenting scary scenarios and examples of supposed "disaster averted because we could spy on everyone", or the alternative, "bad thing happened because we couldn't spy on everyone" to politicians in non-public briefings. They keep these presentations secret from public and press scrutiny by claiming it's necessary to keep "sources and methods" secret from adversaries. Of course, this is ridiculous because adversary spy agencies are certainly already aware of the broad capabilities of our electronic surveillance - it's their job after all and they do the same things to their own populations. The intelligence community rarely briefs politicians on individual operations or the exact details of the sources and methods which adversarial intelligence agencies would care about anyway. The vast majority of these secret briefings could be public without revealing anything of real value to major adversaries. At most it would only confirm we're doing the things adversaries already assume we're doing (and already take steps to counter). The real reason they hide the politician briefings from the public is because voters would be creeped out by the pervasive surveillance and domain experts would call bullshit on the incomplete facts and fallacious reasoning used to justify it to politicians.

    Even if a politician sincerely intended to preserve privacy and freedom before getting in office, they aren't domain experts and when confronted with seemingly overwhelming (but secret) evidence of preventing "big bad" presented unanimously by intelligence community experts, the majority of elected officials go along. If that's not enough for the anti-privacy agencies (intel & law enforcement) to get what they want, there's always the "think of the children" arguments. It's the rare politician who's clear-thinking and principled enough to apply appropriate skepticism and measured nuance when faced with horrendous examples of child porn and abuse which the law enforcement/intelligence agency lobby has ready in ample supply and deploys behind closed doors for maximum effect. The anti-privacy lobby has figured out how to hack representative democracy to circumvent protections and because it's done away from public scrutiny, there's currently no way to stop them and it's only going to keep getting worse. IMHO, it's a disaster and even in the U.S. (where I am) it's only slightly better than the UK, Australia, EU and elsewhere.

    • > The reason is that the surveillance state has gotten extremely good at presenting scary scenarios and examples of supposed "disaster averted because we could spy on everyone", or the alternative, "bad thing happened because we couldn't spy on everyone" to politicians in non-public briefings.

      Those politicians who are vocal against mass surveillance tend to change their tune the moment they're in office and I doubt they were all intending to go back on their campaign promises from the start or that they were really convinced by horror stories of terrorists told over powerpoint in closed door briefings.

      I wouldn't doubt if they were also giving politicians examples of the kind of dirt they already have on them and their families. This is one of the biggest risks of the surveillance state. Endless blackmail material made up of actual skeletons, as well as the resources to install new ones into anyone's closets whenever needed.

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    • A big problem is private entities do so much spying, it becomes hard to argue against.

      We collect tons of data on people to sell ads. Why not to save children?

    • Why do you think politicians are idiots?

      Yes, many of them are really stupid people. But they are not idiots. I think 95 percent of them are perfectly aware of why the laws they pass are really needed. And they pass them EXACTLY FOR THIS, and not at all for protecting children and internet safety.

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    • If these claims are accurate, then the solution is obvious: elected officials who are themselves domain experts in this. They can then explain to their colleagues why these arguments are bullshit.

      But, I expect that that won't help because your claims don't tell the while story. Most representatives don't act in good faith and like the government that they're a part of having such power.

>2. The next government will take great delight in removing this law as an easy win.

As a rule of thumb, governments don't take actions which reduce their power.

  • The types of quotes get bandied about all the time, but I don't think they are accurate.

    Politicians don't want to reduce their power, but politicians != governments. Lots of scary stuff actually empowers the civil service more than it empowers politicians. The main way politicians loose power is also not by the nature of the job changing, but by loosing elections.

    • Do you live in a parliamentary democracy? If not, you may be unaware that in those systems (like Canada and the United Kingdom), the ruling party is referred to as ‘the government’.

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    • > main way politicians loose power is also not by the nature of the job changing, but by loosing elections

      This isn't true most actually gain more power because once you're out of the frankly trash job of being the figurehead of the country you can then take advantage of all the deals, favors and contacts you made doing it then move into NGOs/thinktanks/board position at meta/etc and start actually making real money and having real influence without the eyes on you.

  • They do if they are libertarian governments. Although it's popular to pretend they don't exist, there are plenty of examples of governments reducing their power over history. The American government is a good example of this having originally bound itself by a constitution that limits its own power. And Britain has in the past gone through deregulatory phases and shrunk the state.

    Unfortunately at this time Britain doesn't really have a viable libertarian party. Reform is primarily focused on immigration, and the conservatives have largely withered on the vine becoming merely another center left party. So it's really very unclear if there are any parties that would in fact roll this back, although Nigel Farage is saying they would. His weakness is that he is not always terribly focused on recruiting people ideologically aligned to himself or even spelling out what exactly his ideology is. This is the same problem that the conservatives had and it can lead to back benches that are not on board with what needs to be done. Farage himself though is highly reasonable and always has been.

    • >The American government is a good example of this having originally bound itself by a constitution that limits its own power

      Since its foundation, has the US government ever actually reduced its powers? It established itself with limited power.. But since then, its power has only increased via amendments, to the point where the President is effectively an uncontested emperor type figure.

    • > The American government is a good example of this having originally bound itself by a constitution that limits its own power.

      This is not an example for an existing government reducing its power. It's rather an example of revolutionaries recognizing this very problem and attempting to prevent it. As we have found out since then, their solution isn't as foolproof as they had hoped.

  • This isn’t power until it scope creeps into surveillance, to protect the poor kids obviously.

> 3. The likelihood of a British constitution is increasing, which would somewhat bind future parliaments.

It would be an extraordinary amount of work for a government that can barely keep up with the fires of its own making let alone the many the world is imposing upon them. Along with that, watching the horse trading going on over every change they make - I don't see how they ever get a meaningful final text over the line.

It's not a mainstream political priority at all to my knowledge, so I'm mostly curious why you disagree!

  • They should just do the same thing many governments the world over have done - adopt a version of the US constitution. Easy, clean, and only massively ironic.

    • Pass.

      Im glad not to be confined by historical rules invented by people who could not hope to predict the future, and would not choose to put that kind of burden on my descendents.

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    • Biggest mistake the Americans did was codify their constitution. I'll probably be pilloried for that but look at the evidence:

      - US is about to have military on the streets during peacetime with no terror threat within a codified constitution

      - UK has had military on the streets in response to terrorism in Northern Ireland (a real threat) and not for decades. The UK constitution is uncodified and spread over many (10+?) documents ranging from Magna Carta in the 1200s to the Bill of Rights in the 1600s to documents written in the 1800s and then more modern Acts of Parliament.

      Importantly the UK constitution can slowly change which means the UK has never had a revolution and never will do. Whereas the US constitution is rigid which achieves the opposite: when it does change it'll be dramatic and as a result of another violent revolution.

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Wikipedia's not perfect, but its transparency and edit history make it a lot less susceptible to the kinds of anonymous abuse this law is supposedly targeting

>> The government told the BBC it welcomed the High Court's judgment, "which will help us continue our work implementing the Online Safety Act to create a safer online world for everyone".

>Demonstrably false. It creates a safer online world for some.

Does it even do that?

> 2. The next government will take great delight in removing this law as an easy win.

This is way too optimistic. Maybe they'll make it as a campaign promise but in all likelihood they'll be happy to have it without being blamed directly and the law will stay unless people put up enough of a stink that it's clear the alternative would be violent revolution.

Increasing government control over the population is not a partisan issue.

> It creates a safer online world for some.

The thieves no longer have to hack servers in order to obtain sensitive data, they can just set up an age-check company and lure businesses with attractive fees.

In that sense it is safer (for criminals).

Why does this increase the likelihood of a (written I assume) constitution? I remember I saw a thing about David Cameron talking about wanting one. I think he also created a Supreme Court. I read into it and it seemed like there was no real reason for either a written constitution or a Supreme Court. Both of those things were popularized by the US's government so maybe that points to why.

  • None of what you said is true. The Judicial Committee of the House of Lords was renamed the Supreme Court and moved to a different building (but otherwise essentially unchanged) in 2005 under Tony Blair's Labour government.

    • No, that's not accurate. The Supreme Court of the UK was established in 2009 so I was off by a year. That would have been under Gordon Brown.

> 3. The likelihood of a British constitution is increasing, which would somewhat bind future parliaments.

As an repetition of and an aside to all those pointing out that there is a constitution, what may find gaining some momentum after this are calls for a Bill of Rights, something England used to have[1].

[1] https://en.wikipedia.org/wiki/Bill_of_Rights_1689

  • The Bill of Rights was never repealed, so there’s no “used to” about it.

Someone else said it, but oneconspiracy theory is that the UK is doing this to instill more "internet" literacy in their population (given that they'll go out of their way to do the free internet). I doubt that is the case, but that's a better cope for many than a dystopian government.

> People will use VPNs and any other available methods to avoid restrictions placed on them

Yeah, its hilarious if you watch or listen to BBC output you would think VPNs don't exist the way the BBC promote it as some sort of amazing new "think of the children" protection.

A British constitution makes no sense, power is delegated from the king not from the member states like in the US or Canada. The only way the UK could end up with a constitution that's meaningful and not performative would be after a civil war.

  • https://en.wikipedia.org/wiki/Constitution_of_the_United_Kin...

    It may not make sense to you, but they've been arguing constitutional law there for hundreds of years.

    Plenty of monarchies also have modern single-document constitutions, like Norway, Spain and Thailand.

    • And a significant part of the Canadian constitution is now codified and entrenched in ways that no single one of the federal or provincial parliaments across Canada can freely amend, albeit not in a single document, even though Canada shares the same King as the UK. No reason the UK couldn’t do it - the UK Parliament itself even enacted the fundamental constitutional structure that Canada now has, at Canada’s request, and in the same act removed its own power to legislate for Canada going forward.

      (Canada had previously deferred its assumption of the power to amend its own constitution without asking the UK to do it until it figured out what replacement arrangement it wanted, which took half a century and the requesting Canadian government still very controversially did not win the assent of or even consult Quebec before proceeding.)

      With that said, there is an important structural difference: Canada is a true federal state rather than a unitary one like the UK which merely has some nonexclusive and constrained devolution to three subordinate parliaments within specific scopes. Every single bit of the Canadian constitution is indeed freely amendable by enough of the eleven Canadian federal or provincial parliaments working together. Certain specific parts can indeed be amended unilaterally by one parliament, but many parts need a much larger level of consensus, up to and including unanimity.

      This means that the Canadian situation is not really a counterexample to the claim that the UK parliament would necessarily retain full amendment rights if it did codify a constitution, since the UK parliament is most similar in authority not to the Canadian federal parliament but to all eleven federal or provincial Canadian parliaments combined, which collectively do retain full amendment flexibility if they can all agree as required.

      However, some provinces refuse to ratify amendments without a referendum, and the country has a lot of trauma from past failed attempts to make major constitutional amendments such that they mostly don’t attempt them any more, so the eleven parliaments have de facto lost some of their collective parliamentary supremacy even if they have not lost it de jure.

    • The Thai monarch actually has power though which makes the constitution meaningful. A constitution between two parties where one has no power is meaningless.

  • We already have a constitution. It just isn't a written constitution:

    > The United Kingdom constitution is composed of the laws and rules that create the institutions of the state, regulate the relationships between those institutions, or regulate the relationship between the state and the individual. These laws and rules are not codified in a single, written document.

    Source for that quote is parliamentary: https://www.parliament.uk/globalassets/documents/commons-com... - a publication from 2015 which considered and proposed a written constitution. But other definitions include unwritten things like customs and conventions. For example:

    > It is often noted that the UK does not have a ‘written’ or ‘codified’ constitution. It is true that most countries have a document with special legal status that contains some of the key features of their constitution. This text is usually upheld by the courts and cannot be changed except through an especially demanding process. The UK, however, does not possess a single constitutional document of this nature. Nevertheless, it does have a constitution. The UK’s constitution is spread across a number of places. This dispersal can make it more difficult to identify and understand. It is found in places including some specific Acts of Parliament; particular understandings of how the system should operate (known as constitutional conventions); and various decisions made by judges that help determine how the system works.

    https://consoc.org.uk/the-constitution-explained/the-uk-cons...

    • Right of course every state has a "constitution" but the contemporary connotation of the word means an enforceable law that meaningfully constrains the state's power.

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  • It is the British monarchy that is performative, not their democracy.

    • Ironically, while I am absolutely not a monarchist, it provides a kind of stability to British democracy, because it mostly transcends party politics, unlike other presidential systems.

      Indeed, the founding fathers of the US identified political parties as a threat to their republic.

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