My weekly Law Bytes column (Toronto Star version, homepage version) wades back into the Project Cleanfeed Canada debate. My last post on this issue generated considerable discussion with many valid criticisms of the ISP plans to block access to child pornography. In developing this column, I posed many of the criticisms to Cybertip.ca and found that there were good answers to many concerns along with a willingness to address other issues. In particular, Cybertip.ca:
- is amenable to incorporating judicial review of the block list
- will issue regular public reports that identify the number of sites on the block list along with the number of participating ISPs
- will only block images of pre-pubescent child pornography, thereby limiting the prospect of overblocking legal content
- is developing an appellate process that includes review from the National Child Exploitation Coordination Centre
- is subject to several internal accountability mechanisms including an independent board of directors and pressure from funders (60 percent of its funding comes from the federal government) to avoid potential liability by overblocking
The column expands on these and other issues. I should also note that Cybertip.ca was open to further changes in response to suggestions from the Internet community.