The Online Safety Bill is scheduled for passage in the upcoming autumn. With the aim of safeguarding children, this bill establishes stringent regulations concerning the oversight of social media content. It introduces the possibility of severe financial penalties and even imprisonment for tech executives if their firms fail to comply with the provisions.
Presently, messaging platforms like WhatsApp, Proton, and Signal, which offer encryption, are unable to access the actual content of these encrypted messages themselves.
Both WhatsApp and Signal have issued threats to withdraw from the UK market due to this specific demand.
Additionally, the Digital Markets Bill is progressing through Parliament. This bill proposes that the UK's competition watchdog selects prominent companies such as Amazon and Microsoft, assigns them specific rules for compliance, and sets penalties for non-compliance.
Several companies have expressed concerns, suggesting that this approach grants an unprecedented level of power to a single regulatory body.
Microsoft's reaction was particularly intense when the Competition and Markets Authority (CMA) opted to prevent its acquisition of the video game giant Activision Blizzard. CEO Brad Smith strongly expressed dissatisfaction, asserting that "the European Union is a more attractive place to start a business than the United Kingdom." Subsequently, negotiations between the CMA and Microsoft were reopened.
One aspect of the Online Safety Bill that has sparked significant controversy is a proposal involving encrypted messages, including those sent via platforms like WhatsApp. It suggests that platforms should be capable of reading and disclosing such messages to law enforcement agencies in cases where there is a perceived risk to national security or child protection.
While the NSPCC children's charity describes encrypted messaging applications as the primary platform for sharing child abuse images, these applications are also viewed as crucial security tools for activists, journalists, and politicians.
This situation is particularly significant because the European Union is concurrently introducing stringent regulations in a similar vein. However, the EU constitutes a significantly larger and thus more valuable market as a whole.
Within the UK, proposed modifications to the Investigatory Powers Act have elicited strong reactions. These proposed changes involve requiring tech companies to obtain Home Office approval for new security features before implementing them worldwide. Apple was so displeased with this prospect that it issued a threat to remove Facetime and iMessage from the UK if these changes are implemented.
Undoubtedly, the UK should not find itself beholden to the demands of US tech giants. Yet, the services provided by these companies are widely utilized by millions of individuals. Whether justifiably or not, there is currently no UK-based alternative for these services.
In this context, we have a prime minister, Rishi Sunak, who proclaims his support for the tech industry. He is actively working to attract the lucrative artificial intelligence sector, which is primarily based in the US, to establish a presence in the UK. A few companies, including Palantir, OpenAI, and Anthropic, have agreed to establish their headquarters in London.
However, there are growing concerns in California's Silicon Valley that the positive sentiment towards the UK is beginning to wane.
Tech industry veteran Michael Malone notes, "There is a growing sense of frustration here regarding the UK and EU's attempts to rein in Big Tech... it's perceived as less about ethical conduct and more about envy and constraining foreign competition."
British entrepreneur Mustafa Suleyman, co-founder of DeepMind, has made the decision to establish his new venture, InflectionAI, in California rather than the UK. Silicon Valley, a hub in California housing numerous major US tech companies valued in the trillions of dollars, has been his chosen destination.
Navigating this situation is complex. Big Tech has not always portrayed itself positively due to past actions, and many individuals believe that regulation and accountability are long overdue.
Furthermore, it's important not to conflate being "pro-innovation" with being "pro-Big Tech," cautions Professor Neil Lawrence, an academic from Cambridge University who has advised the CMA in the past. He clarifies that "pro-innovation regulation" aims to create an environment that allows smaller companies and startups to participate in emerging digital markets.
Concerns also arise from the fact that those crafting these regulations might lack a deep understanding of the rapidly evolving technology they seek to regulate. Economist Dame Diane Coyle voices these concerns, noting that there are individuals in government with considerable tech knowledge, but not enough of them. This has led to legislation being passed through Parliament that appears insufficiently informed by technical experts, potentially jeopardizing highly valued services in the country.
In cases where UK legislators lack a full grasp of the technology, there are experts available to provide advice and guidance. However, a considerable number of individuals in these circles express a sentiment of being overlooked.
Professor Alan Woodward, a cybersecurity authority at Surrey University who has held various positions at GCHQ, the UK's intelligence, security, and cyber agency, sheds light on this issue. He states, "Many of us have signed letters, provided formal testimony to committees, and even offered direct advisory assistance. Either the government doesn't comprehend or is unwilling to heed our input."
He adds, "A blend of ignorance and arrogance can lead to hazardous outcomes."
In response, the Department for Science, Innovation, and Technology asserts that it has been collaborating closely with industry stakeholders and experts worldwide to formulate modifications for the tech sector. This collaboration has been evident during the development of key legislative measures such as the Online Safety Bill and the Digital Markets Bill.