By Jo Best, 17 May 2004 14:00
NEWS Internet users aren't up to much when it comes to reporting dodgy content on the web, research has revealed –surfers are failing to let the authorities know when they come across content that breaks the law.
Research conducted by ICM Research for the Internet Service Providers' Association (ISPA) found that internet users were baffled by the legal niceties of publishing content to the web, with under one-third aware that those who post the content are legally responsible for it.
While those putting up sites with illegal content aren't likely to be too concerned about the consequences of their actions, home and business users might be accidentally risking legal repercussions.
Out of those surveyed, over one-fifth of people surveyed would show other people unlawful websites they found – unintentionally breaking the law – and one in eight said they wouldn't bother to report it to anyone.
So who should illegal content be reported to? The Internet Watch Foundation has a hotline to report instances of websites that break the law. The police are another obvious avenue and ISPs will take down flagrantly illegal content when informed.
But when things aren't so clear-cut – in defamation cases or copyright infringement, for example – ISPs have a harder time of it. An ISPA spokesman told silicon.com that where content was harder to judge, ISPs have to balance their legal responsibilities with the needs of customers.
"It's difficult for ISPs to know what to do. They're stuck with this conundrum – they have to uphold the contract they have with customers and, at the same time, protect their customers' human rights and right to free speech," he said. "If it's defamatory, it will be taken down but ISPs don't have the expertise or authority to decide on that."
ISPA is calling for the government to step in and give them a bit of direction – at the moment the industry adopts a more self-regulatory approach. The association would like to see a single procedure to decide the illegality of material and a central body to notify them of the results.
Comments
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1. anonymous
Hum. Would be better if the police were a bit more informed and helpful. I tried to report to the police an illegal site. They didn't have internet access and then came round to my home unnanounced when I wasn't there. Made the Keystone cops look good. More interested in putting up speed cameras no doubt.
2. Arthur Dent
Talk about making a story out of nothing! To put it another way, 7 out of 8 people would report illegal content and 4 out 5 wouldn't show it to anyone else. Put that way there isn't much to write about, is there?
3. anonymous
Quote: one-fifth of people surveyed would show other people unlawful websites they found – unintentionally breaking the law
/Quote.
I know ignorance of the law is no excuse, but what IS the law? What is the Law's URL?
What constitutes "showing other people unlawful websites"? It is OK for a person to look at an unlawful website as long as you don't show anyone else? Huh? Don't understand that.
How do you know if a website is illegal until you look at it? By which time have you broken the law by looking at it, or only if you show someone else?
Confused.
4. anonymous
Call the police, and you may have more success!
About a year ago, I stumbled across an image of a child in a grossly pornographic pose, in a newgroup unrelated to such material. I called the ISP in question (three times), emailed them (three times), and contacted the IWF, who confirmed that a "take down" notice had been issued.
Result? - nothing was done! The image expired in the usual way, but not before other images were posted to that group to supplement the one which had been reported. I now avoid that newsgroup!
When it comes to removing illegal content swiftly, and there was nothing "borderline" about this image. ISPs seem to be able to "talk the talk" but unable to "walk the walk"! If I were to be placed in a similar situation again (I haven't, probably because I don't go looking for such images), I would call the police so the ISP doesn't have the option of dragging it's heels and quietly ignoring the problem. I guess that this might have more effect as it increases the level of accountability.
For obvious reasons, I've chosen not to name the ISP, and have posted this from an IP which is not within the scope managed by them!
5. Stuart Vine
I wouldn't be in too much of a hurry to blame the police for inaction, they are a little short-staffed, under-equipped and mostly untrained in dealing with cybercrime.
6. David Harington
What's the police's email address to forward dodgy sites to, if you find one?
7. John Bramble
It is not a users place to be involved in the business of someone else.
Even suggesting that a user should report someone for illegal content, could be possible grounds for lawsuit. If a user followed your suggestions and you did make such suggestion, he could possibly be involved in a lawsuit and if he lost he could be out legal expenses and who knows what else.
I do realize that you do not wish to give legal advice, however possibly that is what you did.
8. Ford Prefect
ISP's need to know and often don't and some are more pro active than others. Police intervention will move most ISP's into action. Basically, if you feel a site is not within the law then report it if you feel that strongly.