alphazard
4 months ago
What do they seek to accomplish here? There is strong precedent for the US defending the 1st amendment against foreign interests. No UK bureaucrats are going to make a career out of this. Going after a company that can defend itself and can't be intimidated, will prevent them from bluffing successfully against smaller companies, who could realistically be intimidated. If I were working at Ofcom, I would stay away from the large US sites with access to good legal counsel, and instead try to intimidate the long tail that don't.
Totally separate from the issue of whether this is good or bad: it doesn't look like these Ofcom guys are playing with a full deck.
blibble
4 months ago
> it doesn't look like these Ofcom guys are playing with a full deck
they're a quango, staffed by those who couldn't make it as civil servants (not a high bar)
I'd be surprised if anyone who works there has ever used the internet
similarly useless are ofwat (water) and ofgem (energy), both of which allowed massive scandals to happen on their watch
ofwat: https://www.theguardian.com/business/2025/jul/21/new-powerfu...
KaiserPro
4 months ago
> staffed by those who couldn't make it as civil servants
Still civil service.
> I'd be surprised if anyone who works there has ever used the internet
They do, but the pricks who created the law are/were reactionary politicians, who couldn’t be bothered to actually draft decent laws.
Ofwat and ofgem are different issues, they have suffered regulatory capture.
Ofwat has the power to bankrupt the entire water system. Which is great, but then the government would have to bail out the shareholders. which means not only higher taxes, but no private investment for large scale. Oh and ballooning public debt.
Which means stagflation, well harder stagflation. There is a ton more to this.
Don't get me wrong it needs reform, but that costs money. We need to have the money to hire decent staff. But with the impeding cuts and what ever dipshittery from Reform next, thats not going to happen
finghin
4 months ago
In the UK and Ireland, a distinction is generally made between public servants, who are paid by government appropriation, and civil servants, who are employed directly by government departments and the organisations they directly control and fund.
blibble
4 months ago
they're not civil servants, because the the organisations were deliberately created to be separate from whitehall
(and ministerial interference)
moomin
4 months ago
Looked this up. They’re not part of the civil service transfer scheme so I think you are 100% correct. They also in theory have their own corporate structure but since they literally publish documents explaining how to map it to civil service grades I think it’s fair to say the overall experience isn’t that different. But different tenure, different pension, they’re not civil servants.
rockskon
4 months ago
It seems to be a distinction without meaning in this case.
rob_c
4 months ago
it's asif we need to reform the system and find a better way...
blibble
4 months ago
ofwat is shortly to be abolished
(whether or not that will help is another matter)
mikkupikku
4 months ago
4chan is a small company with dubious profitability so I doubt they can afford much in the way of lawyers, but it doesn't really matter because they can simply ignore the UK completely. They only accept crypto anyway, so the UK can't even take away 4chan's payment processing in the UK.
NoboruWataya
4 months ago
From the article it looks like the fine here is basically for not complying with information requests (rather than a full investigation having concluded that 4chan is in violation of the substance of the Act). Ofcom probably thought 4chan would just respond to the requests by geoblocking the UK, which would have been good enough for them. But once their bluff was called, they really had no choice but to levy the fine. Announcing you are investigating someone for violating the law and then not bothering to fine them when they very clearly ignore your investigation (which is itself a violation of the law) is more destructive to your credibility than anything.
It's not like the fine has zero consequences. It will likely restrict 4chan and its senior officials from visiting or dealing with the UK, which I'm sure is annoying on a personal level if nothing else. I don't know if Ofcom currently has the power to order ISPs to block non-compliant domains, but if it doesn't you can bet it will be using this to push for that power.
As for not being able to intimidate the long tail: for US companies, yes this might further weaken Ofcom's influence over them. But companies with a UK presence who try to call Ofcom's bluff after this are likely going to have a bad time.
pogue
4 months ago
Does Ofcom actually have the power to restrict a person from traveling to the UK if a fine is levied against a company they work for?
user
4 months ago
bendigedig
4 months ago
> There is strong precedent for the US defending the 1st amendment against foreign interests.
How does this ruling affect the company's right to free speech in the US? It's a fine for refusing to comply with a law in the UK; any sufficiently competent organisation could choose to comply with censorship/age gating in one country and avoid those restrictions in all others.
ben_w
4 months ago
> How does this ruling affect the company's right to free speech in the US?
As I understand it, not at all.
I don't think the British institutions care at all about their rights to do whatever they want outside the UK; the problem is, 4chan does provide access to people in the UK, so it's a bit like a pirate radio station that the UK would like to not be receiving owing to the station's complete lack of interest in following UK laws.
To put it another way, if 4chan blocked the UK, the UK would consider this development to be appropriate. UK might not cancel the penalty fine, but that's because the offence for which it has been issued has already occurred; after all, nobody gets out of an already-issued littering ticket during a holiday by returning to their home country.
EarlKing
4 months ago
> To put it another way, if 4chan blocked the UK, the UK would be fine with this outcome.
They really wouldn't, otherwise they would've done that already since it is well within their power to command ISPs to blackhole any offending website. That they chose to levy fines instead tells me all I need to know about their true intentions.
ben_w
4 months ago
I believe the order of escalation here is:
1) Identify non-compliance or risk
2) officially request information from the website
3) wait for reply
4) formal enforcement proceedings: a fine and prep for court action (they are here)
5) convince a court to order the site to be blocked
https://www.ofcom.org.uk/online-safety/illegal-and-harmful-c...
Note that they themselves say there:
Where appropriate, in the most serious cases, we can seek a court order for ‘business disruption measures’, such as requiring payment providers or advertisers to withdraw their services from a platform, or requiring Internet Service Providers to block access to a site in the UK.
That sounds to me like they consider curtailing speech by blocking a website to be one of the last things to try, not the first.NotPractical
4 months ago
> 4chan does provide access to people in the UK
That's the default when you host an app on the world wide web, though. Regardless of how big of a burden it is for 4chan (I would think it's as simple as flipping a switch in some control panel blocking UK access?), it still does compel the US-based company with no commercial presence in the UK to consider complex international law and to make changes to their US-based web app in response to a foreign jurisdiction's regulations, which feels wrong to me.
This is tangential to whether it affects "free speech" outside the UK, though, and I'm inclined to agree that it doesn't, but I guess it depends on how you define free speech. If 4chan's web app itself is considered speech, and not just the content that's posted there, maybe. But I think free speech advocates are a lot more concerned with the content.
mytailorisrich
4 months ago
It's the same with the GDPR...
But note that merely being accessible in the UK is not enough here. The service must either target the UK or have a significant number of users in the UK, or it provides harmful content. So the online forum for Oregon gardeners is quite safe even if, indeed, accessible from the UK.
But still it is an awkward legislation and it would be simpler to simply block rather than to threaten and fine services from around the world.
EarlKing
4 months ago
Ofcom attempting to enforce it's laws upon a US-resident corporation that has no business presence in the United Kingdom is the very definition of affecting one's right to free speech in the United States. This is why the US has a rich history of case law to draw upon for defining personal jurisdiction. In this case, Ofcom is perhaps hoping to exploit uncertainty regarding personal jurisdiction to impose its law upon foreign citizens who otherwise have no business in the United Kingdom. So, yeah, it definitely affects a company's right to free speech in the US. It affects EVERYONE's right to free speech in the US, and it should not be dismissed simply because 4chan is the defendant.
airpoint
4 months ago
Mostly incorrect. The First Amendment limits the US government, not Ofcom or UK courts. UK law can regulate services with “links to the UK” even if the provider is abroad, and Ofcom’s enforcement does not itself abridge anyone’s US constitutional rights.
Zak
4 months ago
It's sovereignty that limits the UK courts from enforcing a fine against an organization without a physical, legal, or financial presence in the UK. They could ask US courts to enforce a UK judgment, but the First Amendment does bind US courts.
EarlKing
4 months ago
The first amendment is a natural right, not a civil right, but at any rate the matter of personal jurisdiction is what is at issue, which most definitely does regulate who can and cannot assert authority over a man (fictive or otherwise). Ofcom's attempt to enforce their law over corporations and people who do not in fact have "links to the UK" as defined under US law is the entirety of the issue. They are overstepping their jurisdiction and infringing upon the sovereignty of the United States.
spacebanana7
4 months ago
A lot of the US rules in this area came from UK courts trying to enforce defamation/libel related claims on US authors and journalists.
The American consensus basically became that US courts don’t enforce overseas judgments on free speech stuff where the speech would be legal in the US. Even if that speech could be “heard” elsewhere.
See the Ehrenfeld v. Bin Mahfouz case (2005) and subsequent US SPEECH act (2010).
RansomStark
4 months ago
The thing about laws are they stop at the border. Unless you are sufficiently powerful that you can ignore the rights of other countries and their people, the UK isn't powerful anymore, but hasn't grasped that concept yet (I'm British, at this point it's just kind of sad).
So UK laws stop at the UK border.
4Chan is a US company, based in the US, with all its people and stuff in the US. It has never had a presence in the UK.
In the US people and companies have the right to free speech guaranteed under the first amendment, that includes speech conducted online. Many people would consider having the ability to speak, but having the government restrict hearing that speech to amount to a free speech violation.
The only jurisdiction 4Chan operates in is the US and they are defending their rights: they also have that right, the US isn't North Korea, or China, or the UK.
This isn't a matter of can they censor, of course they can. This is a matter of they don't have to, and they won't.
The UK has no jurisdiction, or reason to believe they have jurisdiction, or ability to enforce its laws extraterritorially over pretty much any foreign entity, but especially not the US.
Anyway you look at this, this is a jumped up little backwater not content with robbing their own citizens of their rights, they are now trying to rob others too.
armitron
4 months ago
As someone who's lived in the UK for years but no longer there (I'm American and currently live in another EU country) it's sad but also quite funny watching the rapid deterioration across multiple domains that has taken place in the last 20 years. At times it seems that the people at the upper strata of politics have completely broken with contemporary reality and went off into a fantasy make-believe space, but don't realize it and keep acting as if that's not the case.
munksbeer
4 months ago
You don't have to say, but I'm curious where you moved to.
I'm not originally from the UK, but have lived here for over 20 years. I'm fully settled here, with a family, children at school, sports, hobbies, friends etc, but lately it just feels more and more gloomy.
The annoying thing is, I had planned to use geoarbitrage at some future point to sell up and retire somewhere on the European mainland, but that arbitrage opportunity has or is disappearing as places like Portugal become more expensive.
armitron
4 months ago
I moved to Germany where my wife is from, and I currently split my time between a conservative US state where my kids are studying (I left California where I grew up when the liberal politics became too much to handle as I didn't want my kids to grow up in this sort of environment).
munksbeer
4 months ago
Thanks
motbus3
4 months ago
They will basically block 4chan off UK network and that will be the beginning of the internet split, which, in a world endangered again by the narrative construction will be yet another step for one-sided truths and the verge of yet another war.
aunty_helen
4 months ago
4chan are the “think of the children” bad guys to make an example out of.
This isn’t a play to get money or 4chan to comply, it’s a play to increase the strength of their legislation. So expect stronger blocking etc to be on the cards to prevent foreign entities from avoiding the law.
andy_ppp
4 months ago
Yes the government have already talked about banning VPNs and government taking copies of your private keys :-/
KaiserPro
4 months ago
Urgh, the courts already have the power to compel you to provide private keys.
It was for anti-terror, but now its being used on pricks like Yaxely-lenon, who Imagine will make much hay from it.
alphazard
4 months ago
This is a little wild to think about. It would make infosec impossible in the UK.
Imagine the IT departments of every mutltinational corporation desperately trying to sort out permissions to keep important information off of machines deployed in the UK. New authorization groups for everyone in the UK, lots of meetings with lawyers to sort out what they can have access to. Everyone in the UK becomes a second class psuedo-trustworthy employee overnight.
Were I in charge of IT, when that bombshell came across my desk, I think I would give every UK employee a chromebook, and migrate all workloads to the cloud. No data could be saved locally. No thumb drives. Depending on the availability of good cloud tools, the productivity hit might be so large that layoffs would be warranted.
subscribed
4 months ago
Oh, they'll just introduce mandatory digital ID, and the vpn registration.
Companies will be permitted to use vpns as long as their AUP forbid employees from using their own for personal reasons.
Or so.
Plenty of the ways authoritarian can go.
nly
4 months ago
Good luck to them.
VPN companies like Mullvad currently accept anonymous accounts with payment via crypto.
You can also just lie about your country of origin when signing up to a VPN account even with a 'compliant' provider that blocks UK IPs.
hamdingers
4 months ago
That would be the proposal from IT, and the response from the C-suite will be "that's unfortunate, lay them all off."
Bender
4 months ago
4chan allows browsing with a VPN but to post using a VPN requires paying for their 4chan pass which many will not do so I guess reverse censorship will have its intended effect here if they are blocked. Exception of course are malware based "VPNs" that route through residential computers that have not yet been b&.
Hamuko
4 months ago
What private keys? Any private keys?
noir_lord
4 months ago
No one has seriously discussed banning VPN's - one minister mentioned they where looking it and no one said anything about private keys either as far as I know.
If I'm wrong someone can drop me a link since I live in the UK.
rob_c
4 months ago
it's been mulled over and keeps getting brought up again and again, the Overton window has shifted from "go away and come back when you're serious to", "christ how would we comply with that?" https://nordvpn.com/blog/tech-world-angry-with-theresa-mays-...
If you live here how can you not spot how every govt since they kicked out brown has been pushing for this?
noir_lord
4 months ago
I'm aware and it's precisely because it's not a new thing been seeing it for years, I specifically was asking for a citation for this government.
I don't rule out they are daft enough to consider it, I just think they aren't quite that stupid.
OSA was a "something must be done, this is something, it must be done" thing - they can appease the mumsnet types for a bit with it and would generally prefer it quietly went back to sleep for a bit.
Not least because it's gonna hurt them electorally because while the people who are slightly in favour of it where slightly in favour of it a lot of the people who aren't really aren't seeing it as either unworkable, stupid or unworkable and stupid.
numpad0
4 months ago
Yeah, the ultimate goal is to end all user-generated content, first through moderation and then by algorithms, motivated by structural deficiency in commissioned for-profit contents that it is no match against user-generated. And the response sorely needed right now is resurgence of a distributed social media system that do not grossly undermine copyrights.
morkalork
4 months ago
"They won't comply so these new restrictions are for your own good, citizen"
foldr
4 months ago
I think you’re overanalyzing it. They’re just enforcing the law. You and I may agree that it’s a bad law, but that doesn’t mean that the people in charge of enforcing it necessarily have complex and sinister motives.
alphazard
4 months ago
I don't agree that wanting to further one's own career is complex or sinister. If the enforcement of laws wasn't aligned with career progress it would be bad for enforcement, including the laws that you and I want enforced.
Even if the goal is just enforcement, you would get more enforcement, collect more fines, if you didn't put your ability to actually collect fines into question. When 4chan successfully defends itself and the UK extracts no money, that will show US companies which would have been in doubt, that they can also defend themselves.
foldr
4 months ago
Sure I mean, people generally want to do their jobs, which in this case means fining sites that don’t comply with the legislation. I don’t see any reason to think that it’s more complex than that. If 4chan doesn’t comply then the site will probably be blocked by UK ISPs, so I don’t think the logic in your second paragraph really goes through.
aydyn
4 months ago
A job is not just robotically following a script. If your actions have negative impact on the goals of your job and you do it anyway, you are bad at your job.
foldr
4 months ago
I didn’t make any claim about people being good at their jobs. But I’m not sure why you think that this will have a negative impact on OFCOM’s goals. Imposing the fine is probably just a formal preliminary to having UK ISPs block 4chan.
aydyn
4 months ago
In this case, Ofcom's stated goal (which I admit may be different than their actual goal) is to get overseas companies to comply with their rules.
I think you may be giving them too much credit. You're essentially saying that their real goal is to get an ISP block and everything they are doing now is performative to get to that real, unstated goal.
On the other hand I may be underestimating them as, to me, they just seem like power-tripping troglodytes.
foldr
4 months ago
I don't think the fine is performative. It's just the first sanction that gets applied. I don't understand why you think that's incompatible with Ofcom's stated goal.
basisword
4 months ago
>> When 4chan successfully defends itself
How do you expect this to happen? The law is pretty clear and afaik 4chan has been pretty explicit that they know the law and they're ignoring it. 4chan's 'out' is that they don't have any legal presence in the UK. More legitimate enterprises do so the results of this will have no bearing on them.
mytailorisrich
4 months ago
If this is deemed illegal in an US court then the OSA will be unenforcebale against US entities in the US (though not sure what's needed to set precedent).
This is important because otherwise UK fines may be enforceable in US courts.
bigbadfeline
4 months ago
> This is important because otherwise UK fines may be enforceable in US courts.
UK law is generally unenforcible in the US except extradition agreements for crimes commuted while residing in the UK. That's not the case here and there's no agreement that applies to this case.
mytailorisrich
4 months ago
It is possible to enforce UK judgements and fines in the US, though my understanding is that it is not simple or guaranteed.
I suppose the action 4chan is taking in US court is exactly to avoid this possibility.
NotPractical
4 months ago
> It is possible to enforce UK judgements and fines in the US, though my understanding is that it is not simple or guaranteed.
I am curious as to how that could possibly work. Is there some trade agreement that requires the US to respect UK court rulings? Generally the US has sought to distance itself from any kind of foreign influence or control.
alphazard
4 months ago
I'm talking specifically about US companies, which make up the lion's share of popular websites. They are served from the US as a primary location, and the company is incorporated there as well. Modulo CDN hosted assets, there is no presence in the UK.
If the company is in the UK, then yes, they are obviously screwed. The damage to the UK's web presence has already been done. I don't expect anyone would want to incorporate an internet dependent company there.
miohtama
4 months ago
The law is law, but Ofcom wrote the regulation (1000+ pages) themselves with their interest groups. A lot of regulators went through revolving door and are now selling services for complying with Online Safety Act.
rob_c
4 months ago
no, ofcom don't need to be picking the fights they are, they're choosing to support the political arm under the claims of "hate speech" and "ungood bad think"
KaiserPro
4 months ago
> they're choosing to support the political arm under the claims of "hate speech" and "ungood bad think"
I do wonder if you bother to actually read the stuff you are typing.
like have you _met_ anyone from ofcom? or seen the shit that 4chan routinely post?
4chan is literally the living embodiment of what the OSA was designed(and will probably fail) to stop. No moderation, loads of porn, incitement to violence
but to your point, `claims of "hate speech"` Ofcom have no mandate for hate speech. But then I imagine facts are less interesting than a daydream of cypherpunk rebellion.
amiga386
4 months ago
There is plenty of moderation on 4chan. It actively avoids breaking the laws of the country it's hosted in (the USA). You may not like what's on it, but it's not "extreme".
It used to be more extreme, it's not today. It's why spinoffs like 8chan were created, they felt there was too much moderation on 4chan. If you hear of some diabolical internet stunt, these days it was probably soyjak.party that organised it, not 4chan's /b/
As you allude, Ofcom cares not, they just want all sites to bend the knee to them.
laughing_man
4 months ago
You're underestimating how much thought governments put into things. Bureaucrats wouldn't be showcasing their own impotence with no reason.
ToucanLoucan
4 months ago
You're overestimating how much thought governments put into things.
Governments are just organizations and organizations are made of people. We see plenty of folly in the private sector; the government can do it too, don't you worry. Arguably they can do folly in ways the private sector only dreams of, what with being funded by the taxpayer.
The org is enforcing the law as written. The law, as written, is fucking stupid. Ergo the enforcement actions that derive from it themselves look fucking stupid.
laughing_man
4 months ago
Sure, governments are organizations made up of people. But they're hierarchical organizations. There are really only a handful of people who matter when it comes to making decisions.
They are enforcing the law, but why pick out 4chan? Because everyone has heard of 4chan.
m463
4 months ago
I wonder if it more like "ofcom fines 10,000 offenders", then "press reports on controversial and vocal offender 4chan"
sleepybrett
4 months ago
[flagged]
pqtyw
4 months ago
Presumably that was a typo since it seemed like a pretty sane commend otherwise.
SAI_Peregrinus
4 months ago
Yes, I assume they meant "precedent".
alphazard
4 months ago
Yes, fixed. I often spell both words wrong and click on the spelling suggestion. Autocorrect got me to the wrong one.