Right. Ofcom's next online session is about "low risk" services.
I'll be tooting my thoughts in this thread.
Feel free to mute if you wish :)
[#]OnlineSafetyAct
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"We haven't done a great deal of work about decentralised services in detail".
We can't give you a specific answer to who the provider might be.
(I fear "we can't help with that" will be a common theme.)
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Nope. Skipped over that.
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An excellent question from @cyberleagle, which Ofcom's webinar system has mangled badly:
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Ofcom is using an example of a "small gaming service" with "around 15,000 monthly UK users".
I wonder if Ofcom recognises that many of the people worrying about the OSA are talking about services with 0.1% of that userbase?!
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Even if low risk, you must have:
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I'll try to find some spare time to write some template "not legal advice" terms and conditions, and complaints-related information.
Although, honestly, goodness knows how that applies in the context of, say,
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Questions!
"We probably can't give a definitive answer..."
What about services which are new, so have no evidence base?
Answer: you're right, we can't give a definitive answer...
sigh
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Oooh!
I think Ofcom has just said that single-user Mastodon instances are out of scope.
They read out my question, and said that.
But I fear that they have said that without knowing what the service is...
Even so, I'll be looking for that part of the recording :)
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Question: is a complaints contact email address sufficient?
Answer: "there is a lot of flexibility, and what is "easy to use" will look different for different services"
Ofcom thinks that they've said somewhere that a contact email address might be sufficient.
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They attempted to answer @cyberleagle's question about the meaning of "illegal harm", and I'm not sure if they answered it or not...
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And potentially the kind of content that would be regulated by Part 5.
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We've reached the end of the session and there are loads of questions which have not been answered.
I don't want to be unnecessarily mean, but looking at what those questions are, one can't help but wonder if Ofcom picked off the easy, convenient ones, not the detailed, difficult ones (e.g. "what is email").
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Next (for me) is the porn session.
My questions:
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@neil
Being naked in public in England isn't an offence. Why would being naked online in England be an offence? Youd'd have to geoblock Scotland though.
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@geoffl
I presume that that's a rhetorical question?
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@neil does number 3 mean that woof.group will only allow nudity in .GIF format going forward? 😂
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@neil Hmm, what would Ofcom accept as evidence that harm is not occurring then? 🤔
[#]osa #OnlineSafetyAct
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@neil After attending that session, I certainly know I have a lot of known unknowns...
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@neil Hmm. On one hand, I've asserted many times that "absence of evidence is not evidence of absence."
On the other hand, this sounds worryingly like a pre-emptive assumption of guilt.
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@KatS As a statement, I'm not sure I fundamentally disagree with it.
What I would really have welcomed was a follow-up to address the genuine, valid question of "well then, what should a nascent service use as evidence?"!
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@neil So how are you meant to know? Schrodinger's harm?
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@neil oh well, as long as they probably won't fine me £18m for failing to navigate their illegible guidance, that's ok then.
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@neil Does that paperwork have to be in English. It looks like having a set of policies in Welsh ought to be just fine and ensure they get tied in knots if they try to be silly, just like with tax inspections.
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@etchedpixels @neil presumably providing such policies exclusively in Welsh would be a strong indicator that the "target market" wasn't the whole of the UK, and therefore take yourself out of scope? 🏴
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@ahnlak @neil Now that's a thought. I wonder what services you could include that would mean your website wasn't suitable for the EU market and therefore Northern Ireland 8)
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@etchedpixels
If you can do that without it being in English, then that should be compliant.
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