Medianama: ISP-level ban on obscene content technically unworkable

Indian technology publication Medianama has critically examined a proposal by former Central Information Commissioner Uday Mahurkar to enact new laws aimed at curbing "obscene" online content. Mahurkar proposed three legislative measures in a letter to Prime Minister Narendra Modi, including compelling internet service providers (ISPs) to block such content using artificial intelligence. However, Medianama's analysis suggests this ISP-level ban is technically unfeasible.

Mahurkar's proposals included an immediate ban on child pornography, a law to penalize ISPs for permitting obscene content, and an amendment to the Indecent Representation of Women (Prohibition) Act, 1986, with harsher penalties.

Medianama highlights that ISPs cannot monitor or block content they have no knowledge of. An AI-driven ISP-level regulation would either lead to blocking entire websites or domains, disrupting other legitimate services, or would require breaking encrypted internet traffic, exposing all data. Network researcher Karan Saini corroborates to Medianama that ISPs simply do not see the content users transfer through their networks in a way that allows for moderation.

The article points out that content moderation would be more effectively implemented at the website and platform level, such as social media services and search engines, as well as by hosting providers. It also suggests age-based restrictions and platform accountability, aligning with the Indian government's ongoing efforts to tighten social media regulations for children.

According to Medianama, Mahurkar's proposal for an ISP-level content ban is not a workable solution for regulating digital content in India, even if the intent to protect minors and combat harmful material is understandable. Effective solutions, the publication argues, lie in platform-level responsibility and developing better methods for content distribution channel oversight.