The Register® — Biting the hand that feeds IT

Feeds

IWF takes 'pragmatic' stance on level one images

Doesn't want to be 'forever embroiled' in grey areas

Agentless Backup is Not a Myth

The head of the Internet Watch Foundation (IWF) has reiterated the organisation's focus on the most serious images of child abuse, implying a recalibration of its efforts to police borderline material.

When El Reg spoke with Peter Robbins, Chief Executive of the IWF last month, he was at pains to re-assure us that the the IWF was not into the numbers game – blocking any and everything where there was the slightest hint of impropriety.

Rather, the main focus was on the worst excesses: identifying instances of real child abuse and, where possible, liaising with official bodies such as the Child Exploitation and Online Protection Centre (CEOP) to identify victims and protect them from further harm.

Robbins said: "We are not in the business of going into grey areas. We don’t want to be forever embroiled in controversy over pictures that are borderline. There is enough serious child sexual abuse material out there to keep us very busy."

This implies a retreat from level one images – the least serious imagery in the eyes of the law. Robbins agrees.

However, he points out that prosecutions have succeeded in cases where the evidence fell short of even a level one standard of indecency. He cites a recent case where pictures were taken of children clothed and with parents present. Despite courts accepting that there was no paedophilic intent on the part of the photographer, a guilty verdict was still upheld.

On the questions that have excited the anti-censor lobby, Robbins suggests that if anyone has an issue, it should be with the underlying legal position, as the IWF does not make the law.

Case law in respect of indecency has evolved a fairly robust classification system of such images for sentencing purposes.

Level one images are the least serious, and defined as "images of erotic posing, with no sexual activity": nudity may be involved, but is not an essential characteristic of this category.

These have always been the most troublesome in respect of debates on censorship. Author and arch-critic of the IWF, Frank Fisher argues that a drawing back from level one is right and spikes the guns of the IWF’s enemies, leaving the policy with near-universal appeal.

He said: "Level one is essentially about skin – and the British have always equated skin with sex. The more skin you show, the more sexual is the content – when the issue became children’s skin the debate became, literally, hysterical and often anyone who questioned the automatic equation of nudity to indecency was shouted down as an apologist for paedophiles. That equation never sat happily with most parents.

"It was an over-cautious step too far. I’d say this is a victory for thoughtfulness, innocence, and for people who genuinely love children."

As for the current "refocussing" and the question of whether it does or does not represent a change of policy, a spokeswoman for the IWF is adamant that it is not.

The IWF will continue, as it always has done, to go after child abuse material in all its manifestations: but equally, pragmatically, it will devote more time and resource to, say, the direct physical abuse of 6- and 7-year-olds than to checking out borderline images that feature maybe 17-year-olds, maybe 19-year-olds.

In other words, no change: just a simple consistent policy that the public would broadly buy into.

CEOP this week said its focus has increasingly shifted to P2P exchange of images. The IWF itself has seen a major fall-off in the online imagery in the days since it was set up: if it maintains its focus on online content, and leaves more complex issues such as P2P to CEOP, then we could well see a day when the role of the IWF becomes significantly smaller.

Despite this, government appears to be planning to introduce new laws to force all internet service providers to adopt the IWF block list. ®

What you need to know about cloud backup

Latest Comments

Plead guilty bcause

There is a very good reason to plead guilt....a reduced sentence.

This guy probably had a lawyer who basically said that under strict liability:

It does not matter if your motives were pure, you will be found guilty.

It does not matter that you can go to the beach and see children clothed in less that he photographed them, you will be found guilty.

It does not matter that the parents asked you to take the photograph, you will be found guilty.

It does not matter that common sense says you are innocent, you will be found guilty

If you know you are going to be found guilty your best option is to plead guilty early. It gives the judge leeway to reduce the sentence to the minimum possible.

The judge can reject a guilty verdict if he considers it to be ill-advised, except then it would go to trial, and under strict liability law and he would have been found guilty anyway and a heavier sentence would have to follow.

Yes it is completly f***ed up that the best option is for an innocent man to plead guilty, but blaim the lawmakers who made the law a strict liability and who hand down sentencing guidelines....and vote the idiots out of office.

0
0

Technology can be pervasive without being safe to use

"He cites a recent case where pictures were taken of children clothed and with parents present. Despite courts accepting that there was no paedophilic intent on the part of the photographer, a guilty verdict was still upheld".

After this verdict, is there any way to be sure of staying out of prison, other than simply not owning a camera? (And, of course, always leaving the building whenever you so much as see a camera).

0
0

@AC 00:04

That too, but my point is that it isn't right to convict an innocent man for being a paedophile even if he is.

0
0

More from The Register

SCO vs. IBM battle resumes over ownership of Unix
Zombie lawsuit back and wants to suck the brains out of Linux
 breaking news
NSA whistleblower to tech firms, Obama: 'Grow a pair!'
Ed Snowden: Email tracking grabs 'IPs, raw data, content, headers, attachments, everything'
 breaking news
Ecuador: All right, Julian, you CAN stay on our sofa - it's your human right
Minister and Wikileaker share cosy chat in tiny London flat
Google flings another £1m at online child sex abuse vid CRACKDOWN
See, see, we're trying, ad giant tells Daily Mail UK.gov
 breaking news
NSA PRISM-gate: Relax, GCHQ spooks 'keep us safe', says Cameron
Whatever they are up to, it's all above board, we're told
PRISM snitch claims NSA hacked Chinese targets since 2009
Snowden suddenly looks safer in Hong Kong after revelations
 breaking news
US chief spook: Look, we only want to spy on 6.66 BEELLLION of you
Americans assured they are not in the NSA's sights
NSA: We COULD track you by your phone ... if we WANTED to
Honestly, too much work, can't be bothered