Internet Censorship in Canada

Legislation that would require Canadians to verify their age before they could look at online pornography could result in a number of privacy concerns, the country's federal privacy commissioner has said.

Bill S-203, introduced by Senator Julie Miville-Dechêne, doesn't specify what that verification would look like. Options under consideration include presenting some type of ID to a third-party company or organization, or the use of technologies such as biometrics or artificial intelligence to estimate age.

If adequate privacy measures aren't taken, the age verification process could increase the risk of revealing adults' private browsing habits, privacy commissioner Daniel Therrien said.

He told the Senate legal and constitutional affairs committee that current digital age verification systems are all different, but what they have in common is that the user will ultimately be required to provide some amount of personal information. That brings up questions about how secure that information is.

On the other hand, the use of biometrics or facial recognition to verify or estimate a user's age raises unique privacy concerns, Therrien said, noting biometric technology is generally very intrusive and how accurate it is in verifying an individual's age still hasn't been proven. He said there's a considerable margin of error, and an error of two to three years could be significant depending on the age of the person.

The bill would also introduce fines for those who make available sexually explicit material on the internet to a young person. Individuals could be fined up to $20,000 and face six months in jail, while fines for corporations would range from $250,000 to $500,000. The way to avoid the fine would be to put in place an unspecified prescribed age-verification method.

Canadian Senate Bill S-203 , AKA the Protecting Young Persons from Exposure to Pornography Act, is another woefully misguided proposal aimed at regulating sexual content online. To say the least, this bill fails to understand how the internet functions and would be seriously damaging to online expression and privacy. It's bad in a variety of ways, but there are three specific problems that need to be laid out: 1) technical impracticality, 2) competition harms, and 3) privacy and security.

First, S-203 would make any person or company criminally liable for any time an underage user engages with sexual content through its service. The law applies even if the person or company believed the user to be an adult, unless the person or company implemented a prescribed age-verification method.

Second, the bill seemingly imposes this burden on a broad swath of the internet stack. S-203 would criminalize the acts of independent performers, artists, blogs, social media, message boards, email providers, and any other intermediary or service in the stack that is in some way for commercial purposes and makes available sexually explicit material on the Internet to a young person. The only meaningful defense against the financial penalties that a person or company could assert would be to verify the legal adult age of every user and then store that data.

The bill would likely force many companies to simply eliminate sexual content

The sheer amount of technical infrastructure it would take for such a vast portion of the internet to implement a prescribed age-verification method would be costly and overwhelmingly complicated. It would also introduce many security concerns that weren't previously there. Even if every platform had server side storage with robust security posture, processing high level personally identifiable information (PII) on the client side would be a treasure trove for anyone with a bit of app exploitation skills. And then if this did create a market space for third-party proprietary solutions to take care of a secure age verification system, the financial burden would only advantage the largest players online. Not only that, it's ahistorical to assume that younger teenagers wouldn't figure out ways to hack past whatever age verification system is propped up.

Then there's the privacy angle. It's ludicrous to expect all adult users to provide private personal information every time they log onto an app that might contain sexual content. The implementation of verification schemes in contexts like this may vary on how far privacy intrusions go, but it generally plays out as a cat and mouse game that brings surveillance and security threats instead of responding to initial concerns. The more that a verification system fails, the more privacy-invasive measures are taken to avoid criminal liability.

Because of the problems of implementing age verification, the bill would likely force many companies to simply eliminate sexual content instead of carrying the huge risk that an underage user will access it. But even a company that wanted to eliminate prohibited sexual content would face significant obstacles in doing so if they, like much of the internet, host user-generated content. It is difficult to detect and define the prohibited sexual content, and even more difficult when the bill recognizes that the law is not violated if such material has a legitimate purpose related to science, medicine, education or the arts. There is no automated tool that can make such distinctions; the inevitable result is that protected materials will be removed out of an abundance of caution. And history teaches us that the results are often sexist , misogynist , racist , LGBT-phobic, ableist , and so on. It is a feature, not a bug, that there is no one-size-fits-all way to neatly define what is and isn't sexual content.

Ultimately, Canadian Senate Bill S-203 is another in a long line of morally patronizing legislation that doesn't understand how the internet works. Even if there were a way to keep minors away from sexual content, there is no way without vast collateral damage. Sen. Julie Miville-Dechêne, who introduced the bill, stated it makes no sense that the commercial porn platforms don't verify age. I think it's time to legislate. We gently recommend that next time her first thought be to consult with experts.

A bill has passed 2nd reading in the Canadian Senate that would require porn websites to implement age verification for users.

Bill S-203, An Act to restrict young persons' online access to sexually explicit material, will now be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

Independent Quebec Senator Julie Miville-Dechêne is calling for censorship of online porn through new legislation that would force porn sites to verify the ages of all users.

Miville-Dechêne has introduced a bill, S-203, that would make porn sites like the Canadian-owned PornHub criminally liable for failing to check a user's age before they browse.

Miville-Dechêne, who was appointed by Prime Minister Justin Trudeau in 2018, spouted anti porn rhetoric saying that children and teenagers must be protected against graphic material that she said can pollute their minds. She continued:

I'm not on a crusade against porn. I just want to protect kids from porn that is shown widely on these websites that is not at all the soft kind of stuff. It's hardcore, it's tough and it's violent.

Her bill would make it a Criminal Code offence to make sexually explicit material available to a minor on the internet. A first offence would be punishable by a fine of not more than $10,000 for an individual and $250,000 for a corporation. Fines for subsequent offences would be more substantial.

A little-publicized bill that is making its way through Quebec's legislative process will put an end to the concept of a free and open Internet.

Bill 74 includes a provision that seeks to force Internet service providers to block Quebecers' access to online gambling sites that aren't approved by the government.

The province's finance minister claims the bill is necessary to protect the health and safety of Quebecers because illegal sites don't apply the same responsible gaming rules as sites run by the government and pose a risk to the population.

Critics explain that the Internet-censoring legislation is a way for Quebec's state-owned gambling authority to block competition and could lead to governments across the country deciding what citizens can and can't view online. Law experts say the legislation violates freedom of expression, contradicts federal telecommunications law and will likely be challenged in court by Internet companies and civil rights groups.

Quebec's government-run gambling authority, Loto-Quebec, has been losing money to online gaming competitors, according to the 2015-16 budget documents.

As Britain enacts laws forcing Internet companies to block access to adult content unless customers opt in, a fledgling movement is under way to bring similar laws to Canada.

If we can get a man on the moon, certainly we can figure out a way to protect children from unwanted porn, said Winnipeg Conservative MP Joy Smith, who is formulating a private member's bill that would automatically block access to online pornography. Anyone wanting to access porn would have to contact their ISPs.

Smith hosted a recent meeting for parliamentarians and other stakeholders in Ottawa, with speakers including PC extremist Gail Dines who founded the Stop Porn Culture group, and Julia Beazley, policy analyst at the Evangelical Fellowship of Canada.

They warned about the increasingly violent nature of modern pornography and its effects on young users, which Dines described in an interview as a public health emergency situation.