Wednesday, February 9, 2011

The filtering of child pornography sites, a controversial measure

By 178 votes against 151, the Senate gave its final go-ahead to the draft law of orientation and programming for the performance of Homeland Security (Loppsi 2), Tuesday, Feb. 8. This text, which covers many fields, the fight against organized gangs to CCTV, also establishes in its Article 4, a controversial measure: a system of blocking sites that contained child pornography.

The text provides for the intervention of an administrative authority - and not a judicial court - to block these sites. "The judicial intervention is impossible given the imperative of speed required in the areas mentioned in the text. Only the administrative authority may provide the desired reactivity," assured Eric Ciotti, rapporteur of the project, in discussions with Assembly in December.

Service Providers (ISP) will then notify the sites to be blocked by order of the Minister of the Interior. The bill specifies that access must be prevented "without delay", but a decree will fix the "modalities of application", notably to include "where appropriate, additional costs resulting from obligations charged to operators.

But the union CFE-CGC/UNSA France Telecom-Orange, "the operation involves technical devices, human resources and time, hence money. But we have already seen with Hadopi (70 million euros per annum for ISPs), which has nothing to set compensation for ISP ". SYSTEM INEFFECTIVE ruled unconstitutional and Beyond the question of its implementation, several associations are challenging the principle of the system.

"Article 4 of the Loppsi violates totally disproportionate to the freedom of expression and communication, particularly in the case of unavoidable collateral censorship, and seems therefore unconstitutional. It is hoped that the Constitutional Council will oppose this device extra-judicial censorship of online information, "said Felix Tréguer, institutional affairs and legal group La Quadrature du Net.

In November, the association's Blue Angel, which fight against pedophilia, had objected to a provision deemed "ineffective, counterproductive and dangerous in relation to the exercise of democracy." "A filtered site one hour without any obstacle can migrate to a new server the next hour.

As long as the broadcaster has been arrested and the contents destroyed, it will always be present on the canvas," maintained in particular Angel blue. Use of mirror sites, frequent changes of IP addresses, use anonymous network ... Many workarounds, detailed in reports already exist. SITES OF "LEAST DETECTABLE? Discussions were also alive among parliamentarians, including sessions in December to the National Assembly.

Socialist MP in the seventh district of Paris, Patrick Bloche, explained that "if they are pushed to use encryption and anonymity, the child pornography sites will be much less detectable. Lionel Tardy, UMP deputy from the Second District Haute-Savoie, who campaigned for the introduction of a judicial authority to rule on the blocks, for his part asked to distinguish between different types of filtering.

"In the case of an illegal gaming site, a simple filtering by domain name is enough to make him lose 95% of the clientele, which is the goal. It is not the same for a site Soil pornographic: it will use very cumbersome methods, such as filtering by URL or DNS, and collateral damage can be significant, "said the member of the Assembly.

Filtering content that is child-pornographic has also been raised in other countries. As part of an enterprise "web security", Australia was established in January 2009, a blacklist of addresses to send accused of child pornographic content, but also to incentives to terrorism or to the condoning drug use.

A device strongly criticized by the associations for the protection of privacy. The German government has waived its share, a year ago, this type of filtering is La Quadrature du Net.

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