Karel Demeyer

Ed: European legislation introduced in 2011 requires Member States to ensure the prompt removal of child pornography websites hosted in their territory and to endeavour to obtain the removal of such websites hosted outside; leaving open the option to block access by users within their own territory. What is problematic about this blocking? Authors: From a technical point of view, all possible blocking methods that could be used by Member States are ineffective as they can all be circumvented very easily. The use of widely available technologies (like encryption or proxy servers) or tiny changes in computer configurations (for instance the choice of DNS-server), that may also be used for better performance or the enhancement of security or privacy, enable circumvention of blocking methods. Another problem arises from the fact that this legislation only targets website content while offenders often use other technologies such as peer-to-peer systems, newsgroups or email. Ed: Many of these blocking activities stem from European efforts to combat child pornography, but you suggest that child protection may be used as a way to add other types of content to lists of blocked sites—notably those that purportedly violate copyright. Can you explain how this “mission creep” is occurring, and what the risks are? Authors: Combating child pornography and child abuse is a universal and legitimate concern. With regard to this subject there is a worldwide consensus that action must be undertaken in order to punish abusers and protect children. Blocking measures are usually advocated on the basis of the argument that access to these images must be prevented, hence avoiding that users stumble upon child pornography inadvertently. Whereas this seems reasonable with regard to this particular type of content, in some countries governments increasingly use blocking mechanisms for other ‘illegal’ content, such as gambling or copyright-infringing content, often in a very non-transparent way, without clear or established procedures. It is, in our view, especially important at a…