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July 18, 2008 9:04 AM PDT

Cable giants bullied into new child porn censorship deal

The major national cable providers are all to sign a troubling yet major censorship deal with a private anti-child porn organization. The deal would give the National Center for Missing and Exploited Children (NCMEC) carte blanche power to issue a takedown of any customer's content hosted on a cable provider's servers.

The group will provide each cable company with a list of Web site addresses that they believe contain child porn. The cable companies will then, per the agreement, scrub the content from their servers.

A press release describing the agreement states that:

The cable operators that have agreed to execute the (memo of understanding) within 30 days include: Comcast Corporation; Cox Communications; Charter Communications; Cablevision Systems Corporation...Time Warner Cable has already signed the MOU.

It is unclear what, if any, notification cable customers will receive before their Web sites are deleted, or what legal rights they will have to appeal the classification of their content as illegal child pornography.

The memo of understanding states that the private group will provide cable companies with a list of kiddie porn URLs, that "in NCMEC's good faith" appears to meet the federal definition of child pornography.

According to Cynthia Brumfield, the industry watcher who first broke the story:

"The identified URLs and content will be deleted (by the cable company) and the operator will provide NCMEC the customer's name and address in those instances where that information is available. NCMEC will then work with law enforcement authorities."

Thus, we have a private third-party group, who will be given the power to force the takedown of content, who will be given the names and addresses of the "violators." Is there anything else?

Oh yes--NCMEC wants its participation in the takedown to be kept secret. Brumfield cites the memo of understanding (which is not public)--which she said states that cable companies will:

"remove or limit the availability of apparent child pornography images or other content based on the List, and in taking such action replaces the offending page with a notice, such notice shall contain no reference to NCMEC."

I hope i am not the only one who is extremely troubled by this deal. Kiddie porn used to be one of the three major trump cards justifying censorship, invasion of privacy, and the general evisceration of civil liberties (the other two trump cards being illegal drugs and terrorism). However, with this deal and the recently successful child porn justified efforts of the NY AG to eradicate Usenet discussion groups, child porn seems to have outgrown its two fellow trump cards.

The threat of kiddie porn now seems to be capable of justifying any amount of censorship--something that no CEO accountable to his shareholders will dare stand up to.

This kind of takedown power should not be given to a private, unaccountable group. Both the FBI and DHS/US Customs already manage databases of enabling their agents to digitally fingerprint such content. As much as I dislike the FBI, they are at least (occasionally) held accountable. Journalists can submit Freedom Of Information Act requests, and the heads of the agency can be hauled in front of a congressional committee. NCMEC, on the other hand, is not subject to an FOIA request.

Public challenge
And so, I issue the following public challenge:

Comcast's anti-BitTorrent efforts were undone once the Associated Press was able to prove that the cable giant slowed down the file-sharing of a copy of the King James Bible.

Thus, I promise a bounty of 100 U.S. dollars to anyone who can somehow trick a cable company into taking down a copy of the King James Bible, under the mistaken belief that it's actually kiddie porn.

You may either work to trick the cable company directly, or instead go after the shadowy National Center for Missing and Exploited Children. It is highly unlikely that cable companies will verify the URLs given to them by NCMEC, and so this may actually prove to be easier.

I am not encouraging anyone to break the law. I am sure this can be done with social engineering, and a bit of smarts. Finally, if you opt to donate your $100 award to the Electronic Frontier Foundation, I will match it 100 percent.

Disclaimer: This challenge is made by a private individual, and does not reflect the policy of CNET.

Christopher Soghoian delves into the areas of security, privacy, technology policy and cyber-law. He is a student fellow at Harvard University's Berkman Center for Internet and Society , and is a PhD candidate at Indiana University's School of Informatics. His academic work and contact information can be found by visiting www.dubfire.net/chris/. He is a member of the CNET Blog Network, and is not an employee of CNET. Disclosure.
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Add a Comment (Log in or register) 43 comments (Showing first 20 comments)
by pmocek July 18, 2008 10:32 AM PDT
Richard Stallman writes:

Several major US ISPs agreed to censor Internet access.


The first target of this censorship is sites and newsgroups that supposedly contain "child pornography". This term is dishonest, since the law defines "child" as "anyone under 18". For instance, Americans of age 16 are hardly children. They are sexually mature, almost half of them have had sex, and any normal adult will find them attractive. But our government calls them "children", with the implication that being attracted to them makes you a pervert.



The danger of censorship goes far beyond this specific instance of censorship. Once ISPs agree to censor the Internet for one kind of thing, they can easily censor other things. In effect, they have now constituted the Great Firewall of the US.

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by Pete Bardo July 18, 2008 11:30 AM PDT
I'll expect the Miley Cyrus web site to be the first targeted. I was enjoying my cable-internet access speed, but, if they are going to start telling me what sites I can view I think I'll start looking somewhere else. Maybe this will make it easier for the smaller ISP's to compete with the big boys. Hope so.
Reply to this comment
by ToddWBeaver July 18, 2008 12:05 PM PDT
I have never understood how it can be illegal to have a nude picture of a 17 year old but legal to have relations with that person. Still, there is no right to child pornography and it's an important duty of our society to protect children.
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by rexrino July 18, 2008 12:13 PM PDT
if the idea that you are sexually attracted to teenagers makes it out of your private mind, you are a pervert, IMO.

We all have to deal with the ideas and desires that inhabit our brains, but thinking about killing someone and actually doing it are two different activities. One is private, the other is public. But, I'm sure you already know this information. So why even bother to post such a remark?
Reply to this comment
by tacit July 18, 2008 12:17 PM PDT
It is indeed an important duty of society to protect its members--especially those members who can't protect themselves, like children.

However, it is ALSO an important duty of society to protect its members from false accusations and improper or unfair application of power. History shows that private groups that have no accountability or oversight will, when given power, eventually abuse that power. Even if they mean well.

It is ALREADY illegal to host child pornography. ISPs and Web hosting companies ALREADY take down child porn and turn the content owner's information over to the FBI. All this bill does is give a private group complete and absolute power over the ISP's content, without appeal or oversight.

Absolute power corrupts absolutely,
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by Idyot July 18, 2008 12:18 PM PDT
The NCMEC wants carte blanche power to issue a takedown of any customer's content hosted on a cable provider's servers. So how does going after the major cable operators solve anything when there are a multitude of other hosting ISPs to choose from? The NCMEC doesn't realize how big the sandbox really is.
Reply to this comment
by rexrino July 18, 2008 12:41 PM PDT
grew up with censorship as a child, in movies and Television. I suffered no ill effects that I can fathom. I think we have been told for so long by so many extremists that some people actually think that any censorship is wrong. If censorship were so damaging, and so evasive, it never would have allowed the content we view today. Anyone who can argue that child pornography should be allowed to be accessed and viewed by any adult is not concerned with the wellbeing of children. I would not trust such a person in any capacity, no matter what thier argument.

The fact is, there are some adults who have decided for us, that we should be exposed to this sort of thing. What happened to my right not to have this stuff thrust into my face every time I get on the internet or into the faces of my grandchildren?

There are things, mommy and daddy don't want their children to see, and for good reasons, not perverted ones. Why should stangers be allowed to dictate the world I have to live in, as long as I'm following the general, moral, social guidelines of society? Sometimes, when people can't control themselves or stop putting their smut into the faces of others, we have to control them ourselves. If the porn industry had our best interests at heart, and felt socially and morally inclined, we would be passing these laws.

Because this is a democratic country, I vote we pass the laws necessary to protect the children from this type of exploitation, even if it means I can't have pictures of nude teenage girls in my procession at any time, and I can't publicly express a desire to have sex with children or teenagers.

Believe it or not, it will not hurt my world in any degree and I'm not going to let simple minded people dissuade me from exercising my rights to determine the nature and environment of the world in which I live, as long as that world is contained within a framework of socially established morality. We have the responsibility to protect our constitutional rights and the responsibility of protecting our children and the social norm. We determine the priority by comparing the damage done to the individuals involved. In this case Children take the lead on the priority list. We can pound out the subtle differences at a later time when we have more data to work with.

If those people armed with the power to determine the amount of protection afforded to children try to exploit this power for their own agendas, we will replace them and prosecute them if necessary. If the effort becomes unworkable and we are not protecting any children, we will rework the whole idea. If one child is saved and our rights are not infringed in any noticeable degree, then the effort is worth the pain. No pain, no gain.
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by behni July 18, 2008 12:52 PM PDT
The NCMEC is not a law enforcement organization; how is it that the major ISPs knuckled under to this. especially in light of existing federal laws that cover this situation.

And what, exactly does NCMEC plan to do about those sites overseas?
Reply to this comment
by Mindset22 July 18, 2008 1:19 PM PDT
Agreed. Tacit's point is valid. This is about radicals wanting control. When they themselves would be infringing on American's rights to private matters. I'm all against child pornography personally, and protecting the children is important; but as Tacit has already stated they're laws for their protection already.

As rexrino says: and i quote, "Why should stangers be allowed to dictate the world I have to live in, as long as I'm following the general, moral, social guidelines of society? Sometimes, when people can't control themselves or stop putting their smut into the faces of others, we have to control them ourselves....
...Believe it or not, it will not hurt my world in any degree and I'm not going to let simple minded people dissuade me from exercising my rights to determine the nature and environment of the world in which I live" This goes both ways, I like my freedom.

And finally as Pmocek says, teens already have sex. I guarantee 50% if not more have sex, do drugs, drink, etc. Hell, half the time it's the kid's making the kiddie porn. Much like all censorship issues, parent's can not be lazy, *****, and whine. They must stand up, and protect their children from these issues personally. (Cyber-Nanny, blackboxes, knowing where they are at, who they are with). The majority of responsibility rests on the Parents...passing on their wisdom to the kids hoping they become responsible enough not to stand in the middle of a highway.
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by JCPayne July 18, 2008 3:08 PM PDT
Yuck.... It must suck to be in the US these days.
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by Gunther45 July 18, 2008 3:41 PM PDT
I don't want to sound like a conspiracy theorist here but I think that besides making the stupid people believe that the ISP are somehow single handedly stopping child porn they can then remove all of there newsgroups ( more to the point ALT.BIN news groups ). Lots of ISP severely limit their newsgroups as it is, because it takes up lots and lots of space and most newer users don't even know what NEWSGROUPS are, even though that was the main internet before we got all graphical. I would actually like to see into the books of the NCMEC, they are probably funded by the RIAA and the MPAA to stop transfer of illegal copyrighted material by stopping the newsgroups. There are probably less than 20 out of 100,000's of newgroups. They could just stop those which many if not all for liability reasons already do!.

As far as the selective websites being banned by a group with no legitimate legal enforcement rights, that's crazy. Is there a panel that decides this or just some Flanders's guy surfing for things he believes is inappropriate?

If that's the case you could say goodbye to any Japanese web sites of any product that has a model wearing a Sailor Moon Costume ( Japanese Schoolgirl). If she looks provocative wouldn't that be inappropriate considering she is wearing a schoolgirl outfit? This is going by the child porn law that says even if its not a child if it simulates a child. I don't know if the law states there has to be sex or just look like they want to have sex, but know photographer is going to tell the model to hold the product but look bored and uninterested!

As far as the whole child porn thing! I think its 90% hyped BS! When I was a kid I never heard about this or that happening to any kid or that child porn is a multi billion dollar industry. Did 10 years ago all of the pedophiles just say lets go take over the world! Other than the train shop guy trying to touch Arnold in the bathtub, it wasn't as prevalent. Before like 72 or 73, I think it child porn movies were legal.( I could be wrong about that). Either way it existed, so its not something new.

I seriously believe that the child pornography problem is no where near the proportions that they are claiming and they are using this as an excuse for further censorship in a decade that has seen more liberties and freedoms be squashed in the states then it's whole existence.

So no one thinks that I am a proponent of child pornography. ( this issue is about Censorship)
If someone harms a child in a sexual manor please just try them legally in the justice system and save the tax payers money and shoot them!
If some are against capital punishment, you could relocate all legitimately convicted pedophiles in walled community with an adult achondroplasia community within the wall as well. No children get hurt and everyone is happy!

If families just interacted with the children more we wouldn't need other groups to try to protect them. School shooting didn't exist when I was a kid and I know guns did!
Reply to this comment
by darkgoob July 18, 2008 3:52 PM PDT
Easy:

There are often PDF files hidden within JPG files that are posted on "anonymous" image boards (the chans, 7chan.org etc). I've gotten the bible in PDF form this way.

These are sites that allow you to post anything though any illegal content such as "CP" is against the site rules and removed by moderators when it's found. However of course since there have been 56 million posts to these boards in the past year, the number of appearances of "CP" is probably much higher due to the overall activity level at these sites (though the overall ratio of "CP" to other content is extremely small, and not enough to justify calling them "CP" sites).

Frankly though if these sites are cut off by comcast or anyone else then it will spark SOMETHING THAT THE CABLE COMPANIES DO NOT WANT TO DEAL WITH.

Lets just say that. We WILL NOT tolerate our freedom of speech being *****'d with.
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by malcarada July 18, 2008 6:22 PM PDT
It is time to start striking the pockets of all these so called "childrens charities" who continue to spread lies in order to justify their fat cat salaries.

They censor themselves if they bored but leave out internet alone, you t***s
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by frgwtr July 19, 2008 9:53 AM PDT
when all this is going on who will watch the watchers??
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by XiroMisho July 20, 2008 8:56 AM PDT
"Yuck.... It must suck to be in the US these days." - JCPayne

yeah - totally. I mean, dude I tried to take pictures of the 7 year old kid next door and exploit his pictures online in a sexual matter - definatly terrible. I mean, it's a free country right? Why can't I bait a minor to come over to my place for a few nude pictures and E-laced candy bar...

ARE YOU INSANE?! This is a "BAD" thing? It's eradicating Kidde Porn! They aren't going after the King James Bible! They aren't going after music or bittorrents, there is one solitary goal in mind here - the eradication of child pornography and, perhaps optimistically, the capture of those viewing, uploading, and hosting this vile garbage!

they aren't policing your PC, they aren't invading your privacy - unless you're a sick individual who actually thinks this stuff should be defended! What?! Are you serious??? this is... this is great news! More child pornographers and those who choose to enjoy the sick act behind bars? Why would you protest such a thing? Unless... well I'm just using my powers of observation, not accusing, but if this actually outrages you perhaps we should look into your browsing history...eh?

and as far as "Radicals wanting control" maybe it's concerned parents getting together (these board members might be parents you know) and making sure that these things don't happen. Some of these sites are created by willing children... okay maybe, but I'll guarantee there aren't enough 'Willing' children out there to make a living off of, what about kidnapped children? children in third-world nations sold to a child prostitution ring. you want to support that? You know what, if you have a problem, write your cable company or congressmen, but honestly this is a good thing, these aren't good Samaritans, they're the scum of the earth.

and lastly, to the person who said the kids are willing... any "Child" will be willing when someone threatens them. Children are easily scared. usually the children on these sites tell people that the person taking their picture threatened their mother's life. it's one thing if you're Marv from Sin City and you can break someone's arm in three places with a well placed grab, but when you're a five or twelve year old... there aren't alot of options.
Reply to this comment
by sisob1 July 20, 2008 3:57 PM PDT
That's it? You come this close to real reporting and flake out? The issue is not whether NCMEC knows the difference between a video of a screaming toddler being raped from the King James Bible. Get a clue.

The issue is the nexus between the federal law enforcement, major corporations and NCMEC. The mainstream media won't look, and the privacy media never gets beyond sophomoric, snarky blogging. Let's face it, Soghoian, child exploitation isn't your issue and privacy isn't mine. But if you really care as you say you do about child pornography being used as a Trojan horse to take away your rights, you ought to start digging deeper, starting with a copy of that MOU. How hard could that be? Maybe you'll end up also caring about children being used as commodities.
Reply to this comment
by sisob1 July 20, 2008 3:58 PM PDT
That's it? You come this close to real reporting and flake out? The issue is not whether NCMEC knows the difference between a video of a screaming toddler being raped from the King James Bible. Get a clue.

The issue is the nexus between the federal law enforcement, major corporations and NCMEC. The mainstream media won't look, and the privacy media never gets beyond sophomoric, snarky blogging. Let's face it, Soghoian, child exploitation isn't your issue and privacy isn't mine. But if you really care as you say you do about child pornography being used as a Trojan horse to take away your rights, you ought to start digging deeper, starting with a copy of that MOU. How hard could that be? Maybe you'll end up also caring about children being used as commodities.
Reply to this comment
by CaptainMetal July 20, 2008 7:18 PM PDT
Seriously? What's the deal with all these ISPs?
I don't know, maybe I am the only one who trusts the government more than a private organization.

Here I thought the FBI was making progress with this issue; I sure haven't seen much news about child pornography spreading like a virus. So then, why were the ISPs so quick to bend over for some private organization???

I thought child pornography is only a small part of child exploitation. I thought a group like NCMEC would be more concerned with child labor or sex-slavery. Oh wait, they only focus on issues within the United States! Jesus, CP is being created from within the US? Not really? Okay, I get it...
They think that watching CP is causing normal people to become child molesters? Not really? They think that CP being watched by pedophiles is magically harming the children in the videos more than the initial event depicted in the videos? Not a chance? They think that children who somehow find CP will go get themselves molested? Huh? I didn't even know there was such a thing as CP until I was 17 and got bombarded by the crap on file-sharing networks as renamed files (along with plenty of 'snuff' files).

Why aren't they (at the NCMEC) getting some balls and going after the child molesters that make the videos? Oh right, because most of them aren't in the US!
This whole NCMEC thing stinks of conspiracy. The NCMEC is not going to end CP unless they can cross borders and get rid of the sources. The FBI has a much better chance of doing just that.

I am all in favor of eliminating child pornography from the Internet, but that will never happen if they (government or otherwise) can't eliminate the ones actually creating it. Still, I truly believe that nobody is born a child molester; instead, I feel that it is a result of something gone awry in our foul societies. So then, this is all a farce to turn our attention away from our segregated and degrading societies.

Or not, you decide for yourself.
Reply to this comment
by johnxtampa July 21, 2008 4:46 AM PDT
I swear the usenet thing was secretly engineered by the RIAA... I wish someone would expose that. If only there were some kind of activist journalist with the ability to look into that, for things like big donations to NY governors, things like that.
Reply to this comment
by SVValk July 21, 2008 5:04 AM PDT
The comment that "Americans of age 16 ... are sexually mature, almost half of them have had sex, and any normal adult will find them attractive" is irrelevent. Just because they are doesn't give adults the right to prey on and exploit them. And we're not simply talking about 16 year olds here or is that the white elephant in the room that no one wants to talk about. I also think taking the attitude that this is the start of a huge censorship surge a la Fahrenheit 451 is a little like Chicken Little saying the sky is falling. The fact that we're giving a group who protects children from people who intend to do them harm info. on those very people doesn't make me worry. If they come after my copy of Harry Potter, then I might start to get a little concerned.
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About Surveillance State

Christopher Soghoian delves into the areas of security, privacy, technology policy and cyber-law. He is a student fellow at Harvard University's Berkman Center for Internet and Society, and is a PhD candidate at Indiana University's School of Informatics. His academic work and contact information can be found by visiting www.dubfire.net/chris/. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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