This is probably to mitigate any and all risk to the site, and I appreciate the sentiment in both telling them to go screw themselves and protecting the site's UK users, which I do thank you for. But I'd be a little remiss if I didn't mention that it still feels a little like capitulating; telling them to "Fuck off" but then fucking yourself off out of their concern by making it harder for Brits to access the site. It's not difficult to access the site. I was here when Keffals got Cloudflare to drop you so I already had the .onion link bookmarked. I'm not saying it was the wrong decision but there is an uncharitable way of looking at it.
The wording of the letter makes me think they expect you to send them monthly reports regarding 'risk assessment', which alone would make me ignore it outright. My only worry is even if you stop UK users from accessing the site they still expect you to listen to the task they assigned you, so they'd still lodge whatever 'consequences' they had in mind against you regardless of the TOR/VPN restriction. How would they even enforce this? The BBC can't even make people
pay for the infamous 'tv loicence' and that's restricted to individuals within the UK. How could Ofcom hope to try to enforce such fines on those who refuse to comply and operate from abroad?
I started looking into it and I was able to find a small list of their penalties, and their experience with fining companies is based almost entirely in legacy media and entertainment based in the UK and those airing content within it, with the occasional telecom company thrown in and the one off fine lodged against the Royal Mail. Their experience with websites never mind foreign ones is very limited, the major foreign example being TikTok where their fine of a million last year was notable. The other example I found was a site called Mintstars, which was fined 7k not too long ago but based entirely out of the UK. Tiktok might be enough to cite a precedent of them being able to enforce rules on foreign entities, but on the
scale they're trying to cover, it's going to be impossible. It'll either resort in it going unenforced and quietly dying (the UK government tried to implement a policy of ID verification on porn websites in 2017, which died by 2019. They cited 'privacy concerns' but since we all know they don't care about that, it was more likely because of the complexity and inability to enforce it for every single NSFW website online), or a lot of websites becoming banned, which just becomes bad PR for Ofcom and the government if it struck down too many.
Looking at what their objectives are from their website, and what they expect site owners to adhere to, they're asking for far too much with not nearly enough authority to ask for it. They also want some pie in the sky type shit that I think is here just because looks good. I mean look at this shit:
The scale of their coverage also appears to cover the
entire internet, including search engines, 'user-to-user' services (
A user-to-user (U2U) service, under the UK's Online Safety Act, is an internet service where users can generate, upload, or share content that can be encountered by other users on that service, such as social media, messaging apps, or online forums) or anything that targets the UK market, which presumably would be any site one can access from the UK.
I think the occasional arrest of a boomer for a Facebook post or tweet has contributed to people overestimating the capabilities of the UK government or associated bodies to do much of anything, not that I think Null is one of those people, but I just want to set the record straight for anyone here that does. Despite how compliant a lot of Americans perceive the Brits to be, there's quite a lot going on in the country at the moment. A lot of no-no ideas and positions becoming mainstream amongst voters which encouraged the government to push this bill through to begin with. I exposited a ton elsewhere on it, but the lockdowns really forced a lot of people to engage with the internet in a way that wasn't purely recreational; people looked outside of what was fed to them by the government or television for the first time, and the government is trying very hard to reverse that, but it comes much too late. For one: I've already been here.
What Ofcom are asking for is straight up impossible and trying to lodge million dollar fines for noncompliance is a blatant scare tactic. The end of the letter which states "Failure to do so
may result in your service being referred to our enforcement team". I put 'may' in italics for a reason; they
may do jack shit. And by the way, I brought up the TV License for a reason near the start: the language they use use pretty much identical.
