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Network provider censors gory website

by Tom Sanders in California

29 Aug 2005

Comments: 34

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Level 3 Communications is denying German web surfers access to Ogrish, a website displaying graphic images that many consider distasteful. 

Ogrish has made a name for itself by hosting shocking images. The website offered video footage of the beheading of hostage Nick Berg last year in Iraq, forensic pictures from murder investigations and photos of victims of the tsunami that struck Asia last year. The website is hosted by a US customer of Level 3.

The telecoms firm blocks access to the site by filtering the IP address on its routers in Germany. The blocking method ensures that only customers of German ISPs that use Level 3's services are affected by the ban.

Level 3 is a so-called backbone provider that operates a worldwide network of internet lines. It sells access to its network to ISPs, enterprises and hosting providers.

German watchdog Jugendschutz had contacted the local branch of Level 3 about Ogrish. The self-styled 'Youth Protection' group claimed that the provider violated German legislation that requires websites to verify the age of its visitors before granting access to adult content. 

Level 3 launched an investigation following Jugendschultz's complaint and decided to block the website, a spokeswoman for the company told vnunet.com. "We blocked [Ogrish's] IP address so that we could be as surgical as possible," she said.

The spokeswoman added that Level 3 does not have a predetermined policy for blocking websites, but does so on a case-by-case basis.

The company blocked access to a website for the terror organisation of the Palestinian Islamic Jihad last year that was hosted on its network. Similar to the Ogrish case, there were several layers between Level 3 and the company that hosted the actual website.

In a note posted on its website, Ogrish complained that Level 3 acted without an official legal order. "This action is outright censorship and is not justified," it said. 

The site claims that it is merely showing scenes that are part of everyday life, and stated that it has taken appropriate action to discourage underage visitors from accessing the website.

It also claimed that the block affects internet users in countries surrounding Germany, including France, The Netherlands and Poland.

The Level 3 spokeswoman replied that she is not aware of any users outside Germany being affected by the block.

Since Level 3 operates a private network, the provider has the legal right to block whatever content it wants, according to Annalee Newitz, a policy analyst with the Electronic Frontier Foundation, which seeks to assure freedom of expression in digital media.

The operator's block does not violate freedom of speech rights because these only apply to government censorship.

Newitz did disapprove of Level 3's decision to act based on a complaint from the watchdog group. "It should have waited until it got some kind of official request from a political or judicial party," Newitz told vnunet.com.

"Hopefully Germans will vote with their money, telling Level 3 that they do not like vendors that censor things."

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