Ofcom and the Digital Trust & Safety Partnership

The Digital Trust & Safety Partnership (DTSP) consists of “leading technology companies,” including Apple, Google, Meta (parent of Facebook, Instagram, and WhatsApp), Microsoft (and its LinkedIn subsidiary), TikTok, and others.

The DTSP obviously has its views on Ofcom’s enforcement of the UK Online Safety Act.

Which, as Biometric Update notes, boils down to “the industry can regulate itself.”

Here’s how the DTSP stated this in its submission to Ofcom:

DTSP appreciates and shares Ofcom’s view that there is no one-size-fits-all approach to trust and safety and to protecting people online. We agree that size is not the only factor that should be considered, and our assessment methodology, the Safe Framework, uses a tailoring framework that combines objective measures of organizational size and scale for the product or service in scope of assessment, as well as risk factors.

From https://dtspartnership.org/press-releases/dtsp-submission-to-the-uk-ofcom-consultation-on-illegal-harms-online/.

We’ll get to the “Safe Framework” later. DTSP continues:

Overly prescriptive codes may have unintended effects: Although there is significant overlap between the content of the DTSP Best Practices Framework and the proposed Illegal Content Codes of Practice, the level of prescription in the codes, their status as a safe harbor, and the burden of documenting alternative approaches will discourage services from using other measures that might be more effective. Our framework allows companies to use whatever combination of practices most effectively fulfills their overarching commitments to product development, governance, enforcement, improvement, and transparency. This helps ensure that our practices can evolve in the face of new risks and new technologies.

From https://dtspartnership.org/press-releases/dtsp-submission-to-the-uk-ofcom-consultation-on-illegal-harms-online/.

But remember that the UK’s neighbors in the EU recently prescribed that USB-3 cables are the way to go. This not only forced DTSP member Apple to abandon the Lightning cable worldwide, but it affects Google and others because there will be no efforts to come up with better cables. Who wants to fight the bureaucratic battle with Brussels? Or alternatively we will have the advanced “world” versions of cables and the deprecated “EU” standards-compliant cables.

So forget Ofcom’s so-called overbearing approach and just adopt the Safe Framework. Big tech will take care of everything, including all those age assurance issues.

DTSP’s September 2023 paper on age assurance documents a “not overly prescriptive” approach, with a lot of “it depends” discussion.

Incorporating each characteristic comes with trade-offs, and there is no one-size-fits-all solution. Highly accurate age assurance methods may depend on collection of new personal data such as facial imagery or government-issued ID. Some methods that may be economical may have the consequence of creating inequities among the user base. And each service and even feature may present a different risk profile for younger users; for example, features that are designed to facilitate users meeting in real life pose a very different set of risks than services that provide access to different types of content….

Instead of a single approach, we acknowledge that appropriate age assurance will vary among services, based on an assessment of the risks and benefits of a given context. A single service may also use different
approaches for different aspects or features of the service, taking a multi-layered approach.

From https://dtspartnership.org/wp-content/uploads/2023/09/DTSP_Age-Assurance-Best-Practices.pdf.

So will Ofcom heed the DTSP’s advice and say “Never mind. You figure it out”?

Um, maybe not.

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