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Legislation to control free access to online porn and gambling sites

by Sarath Malalasekera

The growing popularity of the Internet and widespread availability of computers have brought in its wake, its own brand of dubious influence.

An influence at odds with the cultural and moral standards the island of Serendib has long been accustomed to. The potential for long-term moral corruption and addiction to gambling has been heightened, along with the growing usage of computers in Sri Lanka and has caused disquiet amongst the highest members. Internationally, there is concern that online gambling and porn, site operators, provide the means to terrorists and drug cartels to launder money, said a leading Sri Lankan businessman Faraz Shauketaly.

Faraz emphasised that the Mahanayake Theras of the both Asgiriya and Malwatte Chapters recently voiced their concern at the apparent erosion of moral values that seem to be sweeping through the younger generation in particular. The growth in ownership of computers and the growing availability of internet access has made it all the more easier for computer users to gain access to on-line gambling pornographic sites have had it easy with little or no control over their activities.

There is at present no legislation in place to control the free access to on-line gambling and pornographic sites - there appears to be a lack of direction and strategy for a workable and well formulated plan to combat the problem-evidenced so starkly very recently. In Britian, when its police force arrested nearly 3,000 persons who had paid for membership of a child-porn site, that was based in the United States.

The Mahanayake Theras have taken on the mantle of lobbying for legislation to be put in place urgently to tackle the issue. Minister in charge of IT, Milinda Moragoda, referring to this as a 'grave problem worthy of immediate action, ' has promised to present before his colleagues, a Cabinet Paper that will outline his vision for control of what is and what is not available on the internet from Sri Lanka. Both the Mahanayake Theras- Malwatte and Asgiriya Chapters- have offered their fullest co-operation irrespective of political leaning.

Minister Moragoda's initiatives will include plans that are for the long-term and that will offer permanent control on the availability of internet sites on Sri Lanka servers that is deemed to cause offence or has a possibility of having a corrupting influence. The onus will put squarely on Sri Lanka based Internet Service Providers (ISP's) to restrict access to all pornographic and on-line gambling sites to all Sri Lankan users - in effect, charging the ISP's with acting in a socially responsible manner. Draft legislation is under way within the Computer Crimes Bill to control the problem, Faraz said.

With encouragement that is being to the IT industry as a whole, in Sri Lanka, with low duties and taxes, ownership of computers is growing at a heavy pace, he said. Faraz explaining in detail said that ...

One operator claimed a turnover of US$ 1.9 billion for their group. In terms of wages collected, that would put that alliance in control of nearly 20% of the global share of Internet bets. Despite the seeming success of this site, the CEO of that group was forced to resign after FBI investigations. he was later the recipient of a jail sentence and the company moved its location to the United Kingdom - with a new CEO of course. Or as one US based victim put it, "new names, new faces, same old rogues". The nature of such alliance is that they work through various licensees, in exchange for a percentage of the takings. Licensees may well turn out to be fly by night operators frequently changing sites to keep ahead of various law enforcement agencies.

In the United State of America, on-line gambling is not officially sanctioned. The laws governing it are patchy and murky, as well as being out of date and out of touch.

Hence the success of places such as Las Vegas and Nevada where land based casinos earn absolute fortunes for the operators (and sometimes, but not often, to the weary gamblers) but are subject to strict regulations and where the direct influence on children is non-existent. Online gambling operators skirt round the US ban by carrying a very ambiguous, tenuous even, disclaimer reminding the user that the activity may be banned in his state and that continuing to play is at the player's risk.

Credit card transactions are carried out by banks based out of the USA - and therefore out of US jurisdiction - typically again, based in an offshore haven such as Antigua. US banks, however, are increasingly taking precautions and are set to amend card member regulations ahead of planned legislation which will preclude all US banks from allowing their cardholders to play on internet gambling sites.

In Sri Lanka, where much depends on tourism and where so much of hope is placed, now that the dawn of peace has arrived, land based gambling is almost a prerequisite, from the point of view of tourism. However land based casinos have every advantage over their web based cousins: they are easy to regulate using laws that have been tired and tested and on a recent visit, certainly no children were allowed anywhere near the place!

On the other hand, countries such as Saudi Arabia, whilst encouraging and actively espousing the cause of the internet and computer ownership, have been proactive and taken steps to ensure that gambling and pornographic sites are unavailable for users in Saudi Arabia. Saudi laws preclude their ISP's from allowing Saudi based users from accessing such sites and there are firewalls to prevent this access. The Saudi approach, also in use in the rest of the Middle East, achieves the objectives of all parties: increased computer ownership, access to the Internet for fundamentally "good" reasons and simultaneously protecting the citizenry from perverse material.

A further angle affects Sri Lanka. Each time a player our user of a porn site wants more "inner" access, he will need to use a credit card. Because the amounts per transaction are quite small, most of these transactions are approved instantly online. The card centre is blissfully unaware that each such transaction, if originating from a Sri Lanka billed credit, debit or charge card, flouts the rules on exchange control. According to HSBC bank, the use of credit card involving foreign exchange, is restricted to bona fide travel expenditure only and the Central Bank do have the authority to investigate cheap!" - Sir Jack of course, of Tesco fame.

A quick browse through the crowded mass at Unity Plaza will reveal that this is one industry that is experiencing double digit growth rates. A leading importer and wholesaler of computer equipment said that the industry in Sri Lanka "shifts 2 to 3 container loads each month".

It's not difficult to see why: a 2nd user computer system, with multimedia capabilities and the all-important modem, retails for around the Rs. 15,000 mark and new systems go on average for around Rs. 55,000.

The growth in ownership has been specular and is seen across the full spectrum of Sri Lankan society; the success of the likes of Sri Lanka Telecom, Lanka Bell and Suntle means that more and more people across this island are enjoying unparalleled access to not only telephone services but also, full access to the Worldwide Web - the Internet to the uninitiated! Low import taxation has helped to keep this industry vibrant, buoyant even; Initiatives by the Ministry of Tertiary Education saw the installing of more than 2,000 computers in schools across the country as well as connecting various educational centres together in a "wide area network".

These initiatives are, of course, wonderful news for the training of the youth of this country - but without controls in place; these very initiatives will spell the erosion of moral standards that Sri Lanka is well-known for.

That erosion is priceless and no doubt amongst the chief reasons why members of the Highest Clergy in this country, are calling for pro-active action from the government of the day. To turn Sri Lanka into a haven for tourists is quite one thing but to sacrifice morality for the sake of a few internet gamblers et al is entirely preposterous.

Most computers these days are purchased for the younger ones to use, typically at home. With a growing number of both parents working more opportunities exist for the younger ones to be left at home in the care of the servants or elderly relatives, with of course, the ubiquitous computer! Unsupervised access to the Internet can have disastrous results with the easy availability of on-line gambling sites and pornographic sites. One internet gambling operator, with tenuous connections to Sri Lanka, has managed to advertise on a site that is aimed at schoolchildren; nothing and no one, it seems is sacred to these operators.

The Treasury would do well to investigate this source especially when foreign exchange availability rides at such a premium. The Computer Crimes Bill should incorporate clauses where foreigners known to operate these sites are declared persona non grata and kept firmly away from Sri Lanka.

Locals, whether resident in Sri Lanka or not, found to be operators of such sites should be precluded from holding public office and have criminal action taken against them whilst credit card holders found to be misusing the facility to participate in gambling sites, should be black listed by the card companies and placed on a "Risk Register".

Internet chat rooms are hotspots for people to arrange for meetings - clandestine or otherwise - and is well known for paedophile activity. Children in Sri Lanka will need to be educated on the dangers in arranging such meetings and how to use chat rooms safely and without disclosing personal details. In the United Kingdom, local Police forces print out leaflets and distribute them in schools in an attempt to make children aware of the possible dangers of arranging to meet up with perfect strangers.

A web based site recently carried a very frank and to the point personal advertisement, in which the Dutch advertiser openly sought the services of young Sri Lankans in exchange for what he put as 'a better life".

The champions of freedom of speech may well have something (or two) to say about government influence on internet content; however, the stark reality is, that children globally, are at risk from the perverse material that has grown to be available so uncontrollably.

It is doubted if the most ardent supporter of freedom of speech will openly challenge serious attempts to stem the tide of smut that is also part of the Internet. The champion of our own freedom and of peace, is undoubtedly Prime Minister Ranil Wickremesinghe.

However, the Prime Minister is best urged not to focus all his energies exclusively on the Peace initiative - however much that too is demanded of him. The Prime Minister, who may well yet be nominated for the Nobel Peace prize, will need to be ambidextrous and pursue a multi-tracked policy which incorporates the Peace Process, the Economy, Computer Crimes Bill as well as all the other pressing issues that he faces - a whole plethora of issues which will make him Sri lanka's Man for All Reasons.

Urgent, proactive action needs to be taken now, to protect the many youth of this country, its morals and ethical values, from the actions of a few, who threaten the erosion of the high values the peoples of Serendipity have placed for well over 2500 years.

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