Online Safety Bill

Debate between Lord Knight of Weymouth and Baroness Stowell of Beeston

Committee stage
Thursday 27th April 2023 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, that last exchange was incredibly helpful. I am grateful to the noble Lord, Lord Allan, for what he just said and the way in which he introduced this group. I want to make only a few brief remarks.

I have put my name to two amendments in this group: Amendment 202 in the name of the noble Lord, Lord Stevenson, which seeks to ensure that Ofcom will be subject to the same kind of requirements and controls as exist under the Regulation of Investigatory Powers Act before issuing a technology notice

“to a regulated service which offers private messaging with end-to-end encryption”;

and Amendment 285, also in the name of the noble Lord, Lord Stevenson, and that of the noble Lord, Lord Clement-Jones. This amendment would make sure that no social media platforms or private end-to-end messaging services have an obligation generally to monitor what is going on across their platforms. When I looked at this group and the various amendments in it, those were the two issues that I thought were critical. These two amendments seemed to approach them in the most simple and straightforward manner.

Like other noble Lords, my main concern is that I do not want search and social media platforms to have an obligation to become what we might describe as thought police. I do not want private messaging firms to start collecting and storing the content of our messages so that they have what we say ready to hand over in case they are required to do so. What the noble Lord, Lord Allan, just said is an important point to emphasise. Some of us heard from senior representatives from WhatsApp a few weeks ago. I was quite surprised to learn how much they are doing in this area to co-operate with the authorities; I felt very reassured to learn about that. I in no way want to discourage that because they are doing an awful amount of good stuff.

Basically, this is such a sensitive matter, as has been said, that it is important for the Government to be clear what their policy intentions are by being clear in the Bill. If they do not intend to require general monitoring that needs to be made explicit. It is also important that, if Ofcom is to be given new investigatory powers or powers to insist on things through these technology notices, it is clear that its powers do not go beyond those that are already set out in law. As we have heard from noble Lords, there is widespread concern about this matter not just from the social media platforms and search engines themselves but from news organisations, journalists and those lobby groups that often speak out on liberty-type matters. These topics go across a wide range of interest groups, so I very much hope that my noble friend the Minister will be able to respond constructively and open-mindedly on them.

[Lord Knight of Weymouth (Lab)]

My Lords, I was not intending to intervene on this group because my noble friend Lord Stevenson will address these amendments in their entirety, but listening in to this public conversation about this group of amendments has stimulated a question that I want both to put on the record and to give the Minister time to reflect on.

If we get the issues of privacy and encrypted messaging wrong, it will push more people into using VPN—virtual private network—services. I went into the app store on my phone to search for VPN software. There is nothing wrong with such software—our parliamentary devices have it to do general monitoring and make sure that we do not use services such as TikTok—but it is used to circumnavigate much of the regulatory regime that we are seeking to put together through this Bill. When I search for VPNs in the app store, the first one that comes up that is not a sponsored, promoted advertisement has an advisory age limit of four years old. Several of them are the same; some are 17-plus but most are four-plus. Clearly, the app promotes itself very much on the basis that it offers privacy and anonymity, which are the key features of a VPN. However, a review of it says, “I wouldn’t recommend people use this because it turns out that this company sends all its users’ data to China so that it can do general monitoring”.

I am not sure how VPNs are being addressed by the Bill, even though they seem really pertinent to the issues of privacy and encryption. I would be interested to hear whether—and if we are, how—we are bringing the regulation and misuse of VPNs into scope for regulation by Ofcom.