Internet Encryption

Debate between Lord Ashton of Hyde and Baroness Thornton

Tuesday 14th May 2019 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare as an interest that, until recently, my husband was an unpaid adviser to successive Governments on matters concerning online child safety for the last 17 years.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Ashton of Hyde) (Con)]

My Lords, DCMS is working together with the National Cyber Security Centre to understand and resolve the implications of DNS over HTTPS, also referred to as DoH, for the blocking of content online. This involves liaising across government and engaging with industry at all levels, operators, internet service providers, browser providers and pan-industry organisations to understand rollout options and influence the way ahead. The rollout of DoH is a complex commercial and technical issue revolving around the global nature of the internet.

[Baroness Thornton]

My Lords, I thank the Minister for that Answer, and I apologise to the House for this somewhat geeky Question. This Question concerns the danger posed to existing internet safety mechanisms by an encryption protocol that, if implemented, would render useless the family filters in millions of homes and the ability to track down illegal content by organisations such as the Internet Watch Foundation. Does the Minister agree that there is a fundamental and very concerning lack of accountability when obscure technical groups, peopled largely by the employees of the big internet companies, take decisions that have major public policy implications with enormous consequences for all of us and the safety of our children? What engagement have the British Government had with the internet companies that are represented on the Internet Engineering Task Force about this matter?

[Lord Ashton of Hyde]

My Lords, I thank the noble Baroness for discussing this with me beforehand, which was very welcome. I agree that there may be serious consequences from DoH. The DoH protocol has been defined by the Internet Engineering Task Force. Where I do not agree with the noble Baroness is that this is not an obscure organisation; it has been the dominant internet technical standards organisation for 30-plus years and has attendants from civil society, academia and the UK Government as well as the industry. The proceedings are available online and are not restricted. It is important to know that DoH has not been rolled out yet and the picture is complex—there are pros to DoH as well as cons. We will continue to be part of these discussions; indeed, there was a meeting last week, convened by the NCSC, with DCMS and industry stakeholders present.

Digital Economy Bill

Debate between Lord Ashton of Hyde and Baroness Thornton

Report: 2nd sitting (Hansard): House of Lords
Monday 20th March 2017 Lords Chamber

[Lord Ashton of Hyde]

My Lords, I thank the noble Lord, Lord Paddick, and the noble Baroness, Lady Jones, and I thank the noble Earl, Lord Erroll, for his expertise in this area—age verification, I am talking about.

I have some sympathy with the noble Lord and the noble Baroness on this because we, too, have absolute desire for anonymity in these matters. So the Government have sympathy for the intention behind the amendments, but we feel that they go too far and that this amendment is therefore unnecessary. We have already made provisions to cover these concerns under government Amendment 25YQ, which provides that the Secretary of State may issue guidance to the regulator. I assure noble Lords that we approach this issue with the utmost seriousness. We have set out the draft guidance, which noble Lords have mentioned. It is of course draft guidance and, as we say at the beginning of it, we welcome comments—so perhaps some of the comments from today’s debate can be incorporated.

A person making pornographic material available on a commercial basis to persons in the United Kingdom must have an effective process in place to verify that a user is over 18. This age verification already takes place online, from the gambling industry to mobile phone content to purchasing age-protected goods. There are various ways to age-verify online, as the noble Earl explained, and, as the industry is developing rapidly, it is expected that new age verification technologies will develop over time.

Providers are innovating and providing choice to customers. We agree that the process of age verifying for adults should rightly be focused on the need to establish that the user is aged 18 or above, rather than seeking to identify the user. As I have said, age verification controls are already in place without the approval of the age verification providers. For example, licensed gambling sites are required to have age verification controls that are not subject to pre-approval by the regulator but must take account of data protection laws.

We recognise that pornography provides a unique challenge in this space, which is why we are ensuring that the measures in place are stronger than currently exist. As such, the draft guidance to the regulator—I am pleased that in this area at least the noble Baroness, Lady Jones, gave her qualified approval—sets out the detail of how this should be done. Rather than setting out a closed list of age verification arrangements, the regulator’s guidance should specify how it will assess in any given case that the requirements have been met.

The draft guidance, which was published last week, is clear that the process of age verifying for adults should be concerned only with the need to establish that the user is aged 18 or above, rather than seeking to identify the user. The privacy of adult users of pornographic sites must be maintained. We do not want the regulator to duplicate the role of the Information Commissioner’s Office, the UK’s independent body set up to uphold information rights. The draft guidance states:

“The process of age verifying for adults should be concerned only with the need to establish that the user is aged 18 or above, rather than seeking to identify the user. The privacy of adult users of pornographic sites should be maintained and the potential for fraud or misuse of personal data should be safeguarded … The role of the Regulator should be to focus on the ability of arrangements to verify whether someone is over 18 and should be assured that age verification arrangements will protect a user’s privacy”.


That is pretty clear, I think.

As also set out in our draft guidance, the age verification regulator should work with the ICO. The regulator should be clear in its guidance on the requirements that age verification services and online pornography providers will have regard to under data protection legislation and, furthermore, that a privacy-by-design approach should be taken, as recommended by the ICO.

It is right that we do not seek here to duplicate the existing legislative and regulatory framework, but we must ensure that they are built into the age verification process in a meaningful way. We have always been clear that adults should be able to access legal pornographic content and individuals should rightly be protected from unintended consequences when doing so. As I said, we have produced a draft of the Secretary of State’s guidance and are certainly happy to have further discussions ahead of the final version being laid.

[Baroness Thornton (Lab)]

Could I invite the Minister to be slightly less gentle with those supporting this amendment by saying not that it goes too far but that it is a wrecking amendment? It would drive a coach and horses through this legislation.

[Lord Ashton of Hyde]

I had not thought of that. I am absolutely sure that that was not the intention. However, in the meantime, I would like the noble Lord to withdraw his amendment.

Humanist Marriage

Debate between Lord Ashton of Hyde and Baroness Thornton

Monday 1st December 2014 Lords Chamber

[Lord Ashton of Hyde]

I do not know that there was overwhelming support. The responses are being evaluated at the moment, and there will be an announcement by the end of the year.

[Baroness Thornton (Lab)]

My Lords, I am not sure whether the Minister was in the House at the time but there was overwhelming support in both Houses of Parliament for the amendments. In July 2013, the noble Baroness the Leader of the House, who was then the responsible Minister, gave an assurance to the House that the orders enabling humanist marriages to take place would be laid well ahead of the general election. I would like the Minister to guarantee that that timetable could be met. Will the Government also recognise, as they did with the orders enacting same-sex marriage, that giving a timetable to those who are making arrangements to get married is rather important? Will the date when a humanist wedding is possible be in May, June or July, or at some other point next year?

[Lord Ashton of Hyde]

I cannot give that undertaking because the decision will be made by the end of the year and we will then have to see what is decided. At the moment, I cannot tell what that decision will be.