Don’t Scan Me!
The Online Safety Act’s spy clause outsources surveillance to messaging apps.
A spy in your pocket
A ‘spy clause‘ in the Online Safety Act introduced powers to scan our private messages. Clause 122 of the Act empowers Ofcom to issue notices to providers of messaging services. These notices require them to develop and deploy software that will scan your phone for illicit material.
Message scanning is an expansion of mass surveillance. Millions of people use these services daily. Scanning phone messages breaks the promise of confidentiality and undermines our security.
This spy clause unlocks the security measures built into your phone. Some providers of end-to-end encrypted messaging such as Signal and WhatsApp have said they will withdraw their service from the UK, rather than undermine security if Ofcom decides to make use of these powers.
THE SPY CLAUSE
Government and law enforcement will scan your private messages for illicit content without judicial oversight. There is a scary parallel here with the surveillance society created in places like China. If we accept the principle of mass surveillance of our private messages, it opens the door to creeping authoritarianism.
what is client-side scanning?
Powers in the Online Safety Act pose a threat to encryption and the security it affords
Find out moreomnishambles over encryption
Confusion at the eleventh hour of the Online Safety Act over message scanning powers
Find out moreopen letter: protect encrypted messaging
Over 80 civil society groups and experts write to the UK government over the threat to the security and privacy of message scanning powers
Find out morPolicy Hub
Who’s checking on your private chats?
Briefing on the impact on end-to-end encryption of the Online Safety Act
Find out moreThe Online safety act policy hub
Find out more in our policy papers on the passage of the Online Safety Act
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Omnishambles over encrypted messages continues
At the eleventh hour of the Online Safety Bill’s passage through Parliament, the Government has found itself claiming to have both conceded that it won’t do anything stupid regarding encrypted messages, and that it may well press ahead with dangerous technologies if it wants to.More Information
18 April, 2023
Policy briefing – Online Safety Bill – House of Lords Committee Stage
CIVIL SOCIETY COMMITTEE STAGE BRIEFING ON THE ONLINE SAFETY BILL FOR HOUSE OF LORDS: ILLEGAL CONTENT SAFETY DUTIES AND PRIOR RESTRAINT – Supported by Wikimedia UK, Index on Censorship, and Open Rights Group.
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16 March, 2023
Campaign Pack – Online Safety Bill
A guide for ORG supporters and activists who want to take action to protect their digital rights from the Online Safety Bill
Campaign Pack on the Online Safety Bill for ORG campaignersAuthor – James Baker – james.
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16 January, 2023
Online Safety Bill third reading briefing
Briefing to inform the Third Reading debate in the House of Commons on 17 January 2023
Unintended consequences of the Online Safety Bill mean a trio of surveillance, prior restraint of speech, and restriction on access to online content and services.
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16 January, 2023
Policy briefing – Criminal liability for content harmful to children
A Policy briefing
Criminal liability for content harmful to children
Amendment NC2 Sir William Cash and Miriam Cates
Drafted by Dr Monica Horten – 16 Jan 2023
The Amendment is not about child protection.
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05 January, 2023
The Online Safety Bill – Sector Support Roundtable
In September 2022, Open Rights Group convened a discussion between privacy and data protection experts and other civil society professionals exploring the nexus between privacy, protection from online abuse and freedom of expression.
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29 June, 2022
Submission to Parliament on Online Safety Bill
SUBMISSION TO PARLIAMENT Addressing automated, arbitrary, algorithmic censorship in the Online Safety BillJune 2022
Contents
About Open Rights Group 2
Addressing automated, arbitrary algorithmic censorship 2
Our concerns and recommendations 2
Summary 3
Automated censorship and arbitrary restrictions 4
Content moderation systems 5
Arbitrary restrictions 6
Why prevent has a special meaning (prior restraint) 9
Hands, face, age-gate 9
Ministerial powers to interfere with speech 10
Chat controls, to do lists and the spy in the your pocket 11
User Dis- Empowerment 13
Rights for online speech 13
Procedural safeguards and effective remedies 15
User experiences of restrictive content moderation measures 15
Procedural safeguards against arbitrary take-downs 16
About Open Rights Group
Open Rights Group (ORG) is the leading UK-based digital campaigning organisation.
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27 April, 2022
Online Safety Bill Second Reading briefing
ORG analysis and highlights concerning the Online Safety Bill and its adverse impact on human rights and the free internet
About Open Rights Group
Open Rights Group (ORG) is the leading UK-based digital campaigning organisation.
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07 February, 2022
Experts challenge Govt’s anti-encryption campaign
Leading cybersecurity experts and human rights activists say scaremongering tactics being used to mislead the public and make bogus case for weakening encryption.
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Press Releases
18 April, 2023
WhatsApp, Signal and Element: Online Safety Bill ‘poses an unprecedented threat to the privacy, safety and security of every UK citizen’
Open Rights Group welcomes calls by WhatsApp, Signal and Element for a re-think of government proposals that could force them to undermine the encryption of their services.
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12 January, 2023
Changes to Online Safety Bill embed power of tech companies, and do little for free speech
In the latest version of the Online Safety Bill, a provision governing so-called “legal but harmful” content for adults has been removed.
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30 November, 2022
Chat monitoring sneaked into Online Safety Bill through back door measure
For immediate release
The Open Rights Group’s policy manager on Freedom of Expression, Dr.
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28 November, 2022
Online Safety Bill sinking under flood of amendments
Attempts to solve social problems with draconian regulation of internet services won’t help victims.
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16 November, 2022
Online Safety Bill a threat to human rights warn campaigners
Civil liberties groups have warned that the Online Safety Bill will fundamentally undermine human rights in the UK.
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