Law 4chan and Kiwi Farms Sue the UK Over its Age Verification Law - The notorious troll sites filed a lawsuit in U.S. federal court as part of a fight over the UK's Online Safety Act.

https://www.404media.co/4chan-and-kiwi-farms-sue-the-uk-over-its-age-verification-law/
https://www.documentcloud.org/documents/26076733-govuscourtsdcd28421810-1/

This article was produced in collaboration with Court Watch, an independent outlet that unearths overlooked court records. Subscribe to them here.

4chan and Kiwi Farms sued the United Kingdom’s Office of Communications (Ofcom) over its age verification law in U.S. federal court Wednesday, fulfilling a promise it announced on August 23. In the lawsuit, 4chan and Kiwi Farms claim that threats and fines they have received from Ofcom “constitute foreign judgments that would restrict speech under U.S. law.”

Both entities say in the lawsuit that they are wholly based in the U.S. and that they do not have any operations in the United Kingdom and are therefore not subject to local laws. Ofcom’s attempts to fine and block 4chan and Kiwi Farms, and the lawsuit against Ofcom, highlight the messiness involved with trying to restrict access to specific websites or to force companies to comply with age verification laws.

The lawsuit calls Ofcom an “industry-funded global censorship bureau.”

“Ofcom’s ambitions are to regulate Internet communications for the entire world, regardless of where these websites are based or whether they have any connection to the UK,” the lawsuit states. “On its website, Ofcom states that ‘over 100,000 online services are likely to be in scope of the Online Safety Act—from the largest social media platforms to the smallest community forum.’”

Both 4chan and Kiwi Farms are notorious online communities that are infamous for their largely anything-goes attitude. Users of both forums have been tied to various doxing and harassment campaigns over the years. Still, they have now become the entities fighting the hardest against the UK’s disastrous Online Safety Act, which requires websites and social media platforms to perform invasive age verification checks on their users, which often requires people to upload an ID or otherwise give away their personal information in order to access large portions of the internet. Sites that do not comply are subject to huge fines, regardless of where they are based. The law has resulted in an internet where users need to provide scans of their faces in order to access, for example, certain music videos on Spotify.

The Electronic Frontier Foundation has said the Online Safety Act “is a threat to the privacy of users, restricts free expression by arbitrating speech online, exposes users to algorithmic discrimination through face checks, and leaves millions of people without a personal device or form of ID excluded from accessing the internet.”

Ofcom began investigating 4chan over alleged violations of the Online Safety Act in June. On August 13, it announced a provisional decision and stated that 4chan had “contravened its duties” and then began to charge the site a penalty of £20,000 (roughly $26,000) a day. Kiwi Farms has also been threatened with fines, the lawsuit states.

"American citizens do not surrender our constitutional rights just because Ofcom sends us an e-mail. In the face of these foreign demands, our clients have bravely chosen to assert their constitutional rights," Preston Byrne, one of the lawyers representing 4chan and Kiwi Farms, told 404 Media.

"We are aware of the lawsuit," an Ofcom spokesperson told 404 Media. "Under the Online Safety Act, any service that has links with the UK now has duties to protect UK users, no matter where in the world it is based. The Act does not, however, require them to protect users based anywhere else in the world.”

Update: This story has been updated with a comment from Ofcom.
 
If there are non-compliant websites that the UK has an issue with it, then they should go full China and make their own "great firewall" because the onus would be on them if they want to present a subset of the internet to their users, not the rest of the world.

Maybe they're worried about the bad optics about doing such a thing but I don't think that's a concern of theirs at this point. More likely, they really just want to monitor what everyone does and it isn't about protecting anyone. That's why they say it is about protecting children and in the next breath urge you not to use a VPN. Why? If you use a VPN, then some kid somewhere will somehow consequently be exposed to some restricted material?
That's what I'm thinking. What's exactly just stopping them from blocking these websites in UK ISPs? Actually I have a question for the bong farmers since I've been pretty ignorant in reading about what's going on with the Online Safety Act: Are there websites (and I don't mean porn shit, I mean forums like this) that are blocked from opening in the UK? If so, what the fuck is stopping them from just...doing it again? Unless they're that scared by Brits opening up VPNs and bypassing that shit making them come up with this retarded idea of enforcing compliance across the world.

I mean this is just a fucking waste of time on their behalf at least. Literally wasting everyone's money here because how do they expect to enforce fines from across the ocean? They can't, and if they could, it would start to cause a massive shitshow here in the US once foreign entities can fine you for saying nigger.

If Null doesn't have it already he should add a counter somewhere that shows how much he's been fined by them so far, during the legal battle it would funny seeing the number keep going up. (If I'm just a lurker dumbass and there is one, point me to it please)
 
It's about time. US Tech companies need to unite and refuse to do anything UK or Australia demands of them, or Europe for that part. Here in EU it's slowly been getting worse with expression and censorship and people are getting very fed up with it.
 
I fully agree with the argument that both 4chan and Kiwi Farms have no "ties" to the UK.
The claim that British users voluntarily visiting or creating accounts somehow places a foreign website under UK jurisdiction is ridiculous.
By that logic, if I read a Nigerian newspaper online or join a Mongolian basketweaving forum, am I suddenly bound by their laws? Does a successful TLS handshake grant me citizenship?

If the UK government really wants that level of control, they can fund their own “Great Anglo Firewall” like China.
But of course, they don’t want to spend the time or money. It’s easier to slap fines on foreign platforms and call it regulation. That’s not safeguarding anyone; it’s a half-measure designed to raise revenue while annoying everyone involved. What a fucking zinger Westminster, do half a job and piss everyone off, good work Sir Keir Starmer, you fuckface.
 
Ostatnio edytowane:
I have a question for the bong farmers
the gist is OFCOM will send a sternly worded warning if your website has any objectionable content on it whatsoever and provide you with an ultimatum: Moderate your website to THEIR standards and implement an approved ID checking system, or block access to UK users entirely.

The OSA also requires all websites to comply to a frankly retarded amount of stipulations and rules and keep what is basically a risk assessment and deal with much bureaucracy on top of that. If a website decides that's gay and refuses, or as proven with Kiwifarms, no longer blocks UK IPs for even a short moment or fails to comply in any way, Ofcom will be on their necks as fast as possible.

The consequences to not complying to this could be VERY large fines, or, if this is not feasible (which we will see soon enough) an order for all UK ISPs to block the website entirely. Once this is done, it is very difficult to get off that shitlist.
Yes, that also means they can technically fine a company several times, as much as they want, for every time they decide there's a hecking wrongthink on the platform.

Before this act came into effect, I recall reading a document stating that one of the plans to fund this whole thing would be to fine large companies because they expect them to not be able to comply fully all the time. This coupled with the fact that the likes of Google and Facebook are already funding this in some parts will lead to Ofcom being largely self funded, but they won't see a profit from the fines until roughly 2029 or so, possibly later. Which means it's sunk cost until then, that's one of the reasons they will not back down on their retarded overreaching.

They didn't think that far ahead when it comes to enforcing the fines outside of the UK, it's basically just an extortion racket. Large websites that operate internationally may have assets in the UK that can be seized, they also won't want to block access to UK users, but then again they can afford to implement all the retarded measures to the letter of the law and can afford to be fined. They really are that big.
And yes, they expect websites to not be able to comply fully. Ofcom is basically just an organizational Randall that are intentionally looking for non compliance. I think their biggest mistake (aside from existing) is painting every website on the Internet with the same brush and believing that they have the authority to try to moderate the entire world.

May they suffer for this.

I fully agree with the argument that both 4chan and Kiwi Farms have no "ties" to the UK.
Same, it's frankly retarded. But as far as Ofcom is concerned, simply having any users from the UK access the site is 'having ties' to the UK. They really do plan to just use that as a catch all excuse for going after any website.
 
To the legal kiwis out there: What are the chances of this lawsuit prevailing? I know that suing the US Government is often a fruitless endeavor, but I've heard less about Americans suing foreign governments.

While reading the text of the suit is incredibly entertaining, it would be even better to see it leading to real legal ramifications.
 
I don't even understand what the UK government hopes to accomplish by issuing fines to 4chan and Kiwi Farms. It would be one thing if the UK created its own Great Firewall and called it a day, but trying to threaten entities completely outside their jurisdiction is impotent and demonstrably absurd.

This is dumber than the UN issuing a strongly-worded letter with a bunch of countries as signatories. It is a flat-out pointless temper tantrum.
What they really wanted to do with these laws is to outsource all their censorship to Web admins. Sites not being on board destroys their retarded scheme, because it runs the risk of other sites realizing that they don't actually have to comply with their bullshit. Ofcom are cowards, if they actually want their censorship state, they should be the ones blocking connections and telling their subjects "yes, we are doing this because we know better than you". Instead, they want to outsource the effort and the responsibility to do something reprehensible to website admins. They still want their surveillance state though, and you can't have a surveillance state if you let somebody slide. They can't let other site admins realize that the onus of "protecting" subjects of the UK is entirely on the UK, not random website owners.
 
Imagine making such a fucking retarded law that you get the most hardcore leftist trannies and politispergs to AGREE with Kiwifarms on something. The enemy of my enemy is my unfortunate ally.
You definitely haven't been to Spacebattles forum as those leftists are doing the debanking and censorship for thee, but not for me routine.
 
Imagine what a terrible mess Europe and the UK would be if Germany had won the war. Clean streets, no rapemonkeys, strong borders, low crime, a high level of income equality, no Israel, no billions of dollars wasted on the Marshall Plan or the third world, unquestioned dominance of the globe by white people, liveable wages and jobs for anyone who needs one… I shudder at the horror of it all.
If Germany won you'd still have Muslims around controlling things from behind the scenes. I'd rather not be controlled by demon worshipping sand niggers.
 
What they really wanted to do with these laws is to outsource all their censorship to Web admins. Sites not being on board destroys their retarded scheme, because it runs the risk of other sites realizing that they don't actually have to comply with their bullshit. Ofcom are cowards, if they actually want their censorship state, they should be the ones blocking connections and telling their subjects "yes, we are doing this because we know better than you". Instead, they want to outsource the effort and the responsibility to do something reprehensible to website admins. They still want their surveillance state though, and you can't have a surveillance state if you let somebody slide. They can't let other site admins realize that the onus of "protecting" subjects of the UK is entirely on the UK, not random website owners.
They did not count on a certain web admin being the most stubborn SOB on the World Wide Web, with a forum of autists willing to support him through thick and thin. That is where this censorship outsourcing fell the fuck apart. There are still people not utterly buck broken by the British state.
 
If Germany won you'd still have Muslims around controlling things from behind the scenes. I'd rather not be controlled by demon worshipping sand niggers.
Yeah, I don't think that it'd be like the new Wolfestein games where the Nazis just run everything in perfect lockstep until you show up to fuck it up. Since they essentially rely on tech wizards to run the world in that game.
 
They did not count on a certain web admin being the most stubborn SOB on the World Wide Web, with a forum of autists willing to support him through thick and thin. That is where this censorship outsourcing fell the fuck apart. There are still people not utterly buck broken by the British state.
>buck broken

Most of it is probably apathy. "Oh, they want me to verify my face? Whatever, I do that to unlock my phone 50 times a day. They want us to ban no-no words we already ban? No brainer."
 
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