Re: Cox Cable Plans to Block Child Porn Sites
July 18, 2008 9:04 AM PDT
Cable giants bullied into new anti-child porn censorship deal
The major national cable providers are all to sign a troubling yet major censorship deal with a private anti-child porn organization. The deal would give the National Center for Missing and Exploited Children (NCMEC) carte blanche power to issue a take-down of any customer's content hosted on a cable provider's servers. The group will provide each cable company with a list of web site addressess that they believe contain child porn. The cable companies will then scrub the content from their servers.
A press release describing the agreement (ref agreement below***) states that:
The cable operators that have agreed to execute the [memo of understanding] within 30 days include: Comcast Corporation; Cox Communications; Charter Communications; Cablevision Systems Corporation; Bright House Networks; Suddenlink Communications; Mediacom Communications; Insight Communications; Bresnan Communications; Midcontinent Communications; Broadstripe; GCI; Harron Communications; US Cable Corporation; BendBroadband; Eagle Communications; and Sjoberg's, Inc. Time Warner Cable has already signed the MOU.
It is unclear what if any notification cable customers will receive before their websites are deleted, or what legal rights they will have to appeal the classification of their content as illegal child pornography.
The memo of understanding states that the private group will provide cable companies with a list of kiddie porn URLs, that "in NCMEC's good faith" appears to meet the Federal definition of child pornography.
According to Cynthia Brumfield, the industry-watcher who first broke the story:
"The identified URLs and content will be deleted [by the cable company] and the operator will provide NCMEC the customer's name and address in those instances where that information is available. NCMEC will then work with law enforcement authorities."
Thus, we have a private third party group, who will be given the power to force the takedown of content, who will be given the names and addresses of the "violators", is there anything else?
Oh yes - NCMEC wants its participation in the takedown to be kept secret. Brumfield cites the memo of understanding (which is not public) -- which shes said states that cable companies will:
"remove or limit the availability of apparent child pornography images or other content based on the List, and in taking such action replaces the offending page with a notice, such notice shall contain no reference to NCMEC."
I hope i am not the only one who is extremely troubled by this deal, Kiddie porn used to be one of the three major trump-cards justifying censorship, invasion of privacy and the general evisceration of civil liberties. However, with this deal and the recently successful child porn justified efforts of the NY AG to eradicate Usenet discussion groups, child porn seems to have outgrown its two fellow trump cards.
The threat of kiddie porn now seems to be capable of justifying any amount of censorship - something that no CEO accountable to his shareholders will dare stand up to.
This kind of takedown power should not be given to a private, unaccountable group. Both the FBI and DHS/US Customs already manage databases of enabling their agents to digitally fingerprint such content. As much as I dislike the FBI, they are at least (occasionally) held accountable. Journalists can submit freedom of information act requests, and the heads of the agency can be hauled in front of a congressional committee.. NCMEC, on the other hand, is not subject to a FOIA request.
Public Challenge
And so, I issue the following public challenge:
Comcast's anti-BitTorrent efforts were undone once the Associated Press was able to prove that the cable giant slowed down the file-sharing of a copy of the King James Bible.
Thus, I promise a bounty of 100 US Dollars to anyone who can somehow trick a cable company into taking down a copy of the King James Bible, under the mistaken belief that is actually kiddie porn.
You may either work to trick the cable company directly, or instead go after the shadowy National Center for Missing and Exploited Children. It is highly unlikely that cable companies will verify the URLs given to them by NCMEC, and so this may actually provide to easier.
I am not encouraging anyone to break the law. I am sure this can be done with social engineering, and a bit of smarts. Finally, if you opt to donate your $100 award to the Electronic Frontier Foundation, I will match it 100%.
Press release discribing the agreement:
Historic Agreement Will Strengthen the Fight Against Child Pornography
Publication Type: Media Release
Date: 7/17/2008
CONTACT: Rob Stoddard, NCTA, 202-258-2851; Joy Sims, NCTA 202-222-2350; NCMEC Communications, 703-837-6111
***Agreement Will Help Reduce the Proliferation of Child Pornography Online
WASHINGTON, D.C. – Cable operators that bring Internet service to 87 percent of homes in the United States will take additional voluntary measures to limit the distribution of child pornography on the Internet under an agreement announced today among the National Cable & Telecommunications Association (NCTA), the National Center for Missing and Exploited Children (NCMEC), and the National Association of Attorneys General (NAAG).
Under the unprecedented industry-wide agreement, all cable operators represented on NCTA’s Board of Directors have agreed to help reduce the proliferation of child pornography by signing a Memorandum of Understanding (MOU) with NCMEC. This commitment represents the largest number of broadband subscribers protected by the terms of the MOU as these operators offer broadband Internet service to more than 112 million homes.
"Building on our strong commitment to online safety, the cable industry wants to help combat child pornography and exploitation," said Kyle McSlarrow, President & CEO, NCTA. “By signing the NCMEC MOU, cable Internet service providers are reaffirming their strong commitment to online safety and Internet literacy for all American families."
"We are deeply grateful for this industry-wide attack on child pornography," said Ernie Allen, President & CEO, NCMEC. "It is not possible to arrest and prosecute every offender. We must be creative and build new public-private partnerships to address this insidious problem more effectively. Today's announcement represents a bold step forward."
On behalf of NAAG and the 45 Attorneys General who have signed a letter in support of the NCTA-NCMEC MOU, Rhode Island Attorney General and NAAG President Patrick C. Lynch commended NCMEC and NCTA on the agreement.
“Although NCMEC has recently signed similar agreements with individual companies, this agreement is notable as the first such agreement NCMEC has reached with an entire sector of the nation’s communications industry,” Lynch wrote. “The NCTA agreement with NCMEC will limit the ability of predators to store and exchange images of exploitation of those who are, by definition, among the more vulnerable in society. We congratulate the cable industry for taking a strong stand in support of child safety.”
Specifically, the cable companies have agreed to use NCMEC's list of active websites identified as containing child pornography, to ensure that no such site is hosted on servers owned or controlled by those companies. The companies will also report these instances to NCMEC's CyberTipline and where appropriate revise their policies around other potential sources of child pornography, such as, for example, newsgroups.
The agreement with NCMEC will provide cable broadband service providers with an invaluable source of information to help them enforce their terms of service, all of which forbid the hosting of such illegal materials on their servers. The information provided by NCMEC to cable service providers will also help them identify instances of child pornography, facilitating their reporting of such material to NCMEC as required by federal law. This in turn enables NCMEC to refer these cases to law enforcement for investigation and prosecution.
The cable operators that have agreed to execute the MOU within 30 days include: Comcast Corporation; Cox Communications; Charter Communications; Cablevision Systems Corporation; Bright House Networks; Suddenlink Communications; Mediacom Communications; Insight Communications; Bresnan Communications; Midcontinent Communications; Broadstripe; GCI; Harron Communications; US Cable Corporation; BendBroadband; Eagle Communications; and Sjoberg’s, Inc. Time Warner Cable has already signed the MOU.
NCTA’s agreement with NCMEC is the latest milestone in cable’s efforts to ensure online safety and promote Internet literacy for all families and Internet users. When NCTA launched its PointSmartClickSafe online safety initiative in June 2007, cable ISPs pledged in a code of conduct to support law enforcement in its efforts to ensure online safety for American families.
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Download the letter from the National Association of Attorneys General to NCTA President & CEO Kyle McSlarrow.
Responses to Announcement
PTA Commends Cable Internet Service Providers’ Efforts to Protect Children
CHICAGO, IL – PTA applauds the National Cable and Telecommunications Association and its member companies for agreeing to take additional voluntary measures to limit the distribution of child pornography on the Internet. These are significant steps towards eliminating child pornography on the Internet. The sexual exploitation of children has dire physical and emotional consequences for children, their families and communities involved. By working in tandem with the National Center for Missing and Exploited Children (NCMEC), these companies will help to ensure that no website that contains child pornography is hosted on servers owned or controlled by those companies. NCMEC continues to be a strong leader in the protection of children. Bringing together Internet service providers, law enforcement, child-focused organizations, and government agencies, they are leading the efforts to put an end to the deplorable practices. We are proud to partner with NCTA, Cable in the Classroom, and NCMEC and each organization’s efforts to ensure that the Internet is a safe and educationally rich environment for children and adults alike.
Statement of Marsali Hancock, President of the Internet Keep Safe Coalition
"iKeepSafe applauds and congratulates the cable industry's responsiveness to the concerns of American families. This is an important new development that allows law enforcement to quickly connect with an entire industry segment of ISP's to limit the distribution of child pornography on the Internet. This type of voluntary collaboration reflects the dedication of the industry in reducing child exploitation."
Statement of FCC Commissioner Robert M. McDowell Regarding Industry-Wide Agreement to Fight against Child Pornography
“I am delighted to hear that the National Cable & Telecommunications Association (NCTA), the National Center for Missing and Exploited Children (NCMEC), and the National Association of Attorneys General (NAAG) have agreed to help reduce the proliferation of child pornography online. Today's agreement will provide cable broadband service providers with the tools necessary to protect our children from online predators.”
Upton Applauds Cable Industry’s Partnership with National Center for Missing & Exploited Children to Fight Child Pornography
WASHINGTON, D.C. - Congressman Fred Upton (R-St. Joseph), senior member of the House Subcommittee on Telecommunications, released the following statement in response to today’s announcement that the cable industry has partnered with the National Center for Missing and Exploited Children (NCMEC) to reduce the proliferation of child pornography online. The nation’s cable companies have agreed to use NCMEC’s list of active websites identified as containing child pornography, to ensure that no such site is hosted on servers owned or controlled by those companies.
“There is no more precious resource in this country than our children. They depend on us, their parents, to protect and guide them. A child’s cry for help must not be ignored and at the same time, an adult that preys upon children on the Internet MUST be caught and contained.
“I applaud the National Center for Missing and Exploited Children and the nation’s cable companies for their partnership to share information and shut down illegal websites that contain child pornography. Both of these organizations have made it clear that predators on the Internet and peddlers of child pornography will not be tolerated.
“As a leader on the Energy and Commerce Committee, I look forward to working with both NCTA and NCMEC to continue to help protect our children online to the fullest extent possible.”
Statement of Congressman John Shimkus
"As a member of the Congressional Missing and Exploited Children's Caucus, I am pleased that members of the National Cable & Telecommunications Association will be working to stop access to child pornography online. Charter and Comcast are two of the largest cable systems serving my district, and I am pleased they will both be participating in this program.
"Illegal postings should be removed from the Internet, and those posting illegal child pornography should be prosecuted to the fullest extent of the law. This agreement will aid in that process."
Stevens Praises Agreement to Combat Online Child Pornography
WASHINGTON, D.C. – Senator Ted Stevens (R-Alaska), Vice Chairman of the Senate Commerce, Science, and Transportation Committee, today praised an agreement between the National Cable & Telecommunications Association (NCTA), the National Center for Missing and Exploited Children (NCMEC), and the National Association of Attorneys General (NAAG) to limit the distribution of child pornography on the Internet. Under this agreement, every cable company represented on NCTA’s Board of Directors agreed to use NCMEC's list of active websites identified as containing child pornography to ensure that no such site is hosted on servers owned or controlled by those companies.
“This agreement is an important step in combating online child pornography and I commend the groups involved for fighting against its spread across the Internet,” said Senator Stevens. “There is still more that government and industry can do together to protect children online, including education about proper online behavior and how to avoid viewing illicit material.”
Last year, Senator Stevens introduced S. 1965, the “Protecting Children in the 21st Century Act” which passed the Senate in May. S. 1965 would require schools receiving E-Rate funds to offer education regarding online behavior, including social networking, chat rooms and cyberbullying awareness and response. It also creates an interagency working group to identify and encourage technologies and initiatives to help parents protect their children from unwanted content. The bill now awaits action by the House of Representatives.
Statement by Senator Mark Pryor on the Cable Operators Efforts to Reduce Child Pornography Online
"I applaud the cable industry for committing to work with the National Center for Missing and Exploited Children (NCMEC) and the National Association of Attorneys General (NAAG) to limit the distribution of child pornography on the Internet. I have been a long-standing and ardent advocate for protecting children online and believe that reducing the proliferation of this offensive material is a positive step forward."
NCTA is the principal trade association for the U.S. cable industry, representing cable operators serving more than 90 percent of the nation's cable television households and more than 200 cable program networks. The cable industry is the nation’s largest broadband provider of high-speed Internet access after investing more than $130 billion over ten years to build a two-way interactive network with fiber optic technology. Cable companies also provide state-of-the-art digital telephone service to millions of American consumers.
The National Center for Missing & Exploited Children is a 501(c)(3) nonprofit organization. Since it was established by Congress in 1984, the organization has operated the toll-free 24-hour national missing children’s hotline which has handled more than 2.2 million calls. It has assisted law enforcement in the recovery of more than 126,000 children. The organization’s CyberTipline has handled more than 594,000 reports of child sexual exploitation and its Child Victim Identification program has analyzed 14,437,865 child pornography images and videos. The organization works in cooperation with the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention.
The National Association of Attorneys General (NAAG) was founded in 1907 to help Attorneys General fulfill the responsibilities of their office and to assist in the delivery of high quality legal services to the states and territorial jurisdictions. NAAG’s mission is: "To facilitate interaction among Attorneys General as peers. To facilitate the enhanced performance of Attorneys General and their staffs." NAAG fosters an environment of "cooperative leadership," helping Attorneys General respond effectively - individually and collectively - to emerging state and federal issues
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