
4chan and Kiwi Farms Sue the UK Over Its Age Verification Law (404media.co)
An anonymous reader quotes a report from 404 Media: 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.'" [...] 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 [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," said Preston Byrne, one of the lawyers representing 4chan and Kiwi Farms.
"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."
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.'" [...] 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 [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," said Preston Byrne, one of the lawyers representing 4chan and Kiwi Farms.
"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."