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Site Blocking and Age Verification for Twitter, Instagram, Snap and Twitch?: Age Verification Lobby Confirms it Wants Bill S-210 to Cover All Social Media Sites

Bill S-210 – the Protecting Young Persons from Exposure to Pornography Act – burst onto the public scene late last year as a majority of the House voted for the bill at second reading, sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Dechêne, was supported by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs (the cabinet voted against, signalling it is not supported by the government). The bill raises significant concerns with the prospect of government-backed censorship, mandated age verification to use search engines or social media, and a framework for court-ordered website blocking (I appeared before the Senate committee that studied by the bill in February 2022, arguing that “by bringing together website blocking, face recognition technologies, and stunning overbreadth that would capture numerous mainstream services, the bill isn’t just a slippery slope, it is an avalanche.”).

In response to the public criticism of the bill, Senator Julie Miville-Dechêne has suggested that concerns about it extending to general purpose social media sites is overstated since the intent is to target adult content sites. Yet that is not what the bill provides as it applies to anyone who makes sexually explicit material available on the Internet for commercial purposes:

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January 10, 2024 11 comments News
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The Year in Review: Top Ten Michael Geist Substacks

My look back at 2023 concludes with a review of my most popular Substacks of the year. Given the overlap between blog posts and Substacks, there is unsurprisingly overlap between the most popular posts with the piece on Bill S-210 occupying the top spot on both charts. However, there are differences, with posts on the CBC and my appearance before the CRTC that focused on competition and consumer choice making their way into the Substack top ten.

1. The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

2. Caving on Bill C-18: Government Outlines Planned Regulations that Signal Willingness to Cast Aside Core Principles of the Online News Act

3. Bill C-18 and the CBC’s Self-Destructive Approach to Government Digital Policy

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December 28, 2023 6 comments News
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The Year in Review: Top Ten Posts

Last week’s Law Bytes podcast features a look at the year in review along with some guesses at what lies ahead. Before wrapping up for the year, the next three posts will highlight the most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, which starts with a recent look at Bill S-210 and potential age verification and site blocking on the Internet. With the exception of an examination of Bill C-27’s AI regulations, the remaining posts all involve online news and Bill C-18.

1. The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law, December 14, 2023

2. The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada, August 2, 2023

3. What the CRTC’s New Registration Requirements Mean for Regulating Everything from Online News Services to Podcast Providers, October 2, 2023

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December 26, 2023 7 comments News
If you don't like the rules rewrite them by Duncan Cumming https://flic.kr/p/2fS1Hhe CC BY-NC 2.0

Bill C-18 is Dead, Long Live Bill C-18: Government Rewrites Online News Act With Final Regulations

The government this morning released the final Online News Act regulations, effectively gutting the law in order to convince Google to refrain from blocking news links in Canada and to fix some of the legislative mistakes that have been apparent from the start. While proponents of the law will point to the $100 million contribution from Google as evidence of success, privately most in the industry and government acknowledge the obvious: Bill C-18 was deeply flawed and a massive miscalculation that has created far more harm than good. Canadian Heritage Minister Pascale St-Onge seemingly agrees as she was willing to make changes that were derided by the government throughout the legislative process. Indeed, by the time St-Onge took over the file that was a challenging salvage job, Meta’s $20 million in news deals were lost and blocked news links on Facebook and Instagram was a reality. The prospect of the same happening with Google was too much for the industry and the government since the lost deals would have been at least double that amount (many believe in the $40-50 million range) and lost news links in search would have been catastrophic.

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December 15, 2023 11 comments News
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The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. Bill S-210, or the Protecting Young Persons from Exposure to Pornography Act, was passed by the Senate in April after Senators were reluctant to reject a bill framed as protecting children from online harm. The same scenario appears to be playing out in the House of Commons, where yesterday a majority of the House voted for the bill at second reading, sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Dechêne, is not a government bill. In fact, government ministers voted against it. Instead, the bill is backed by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs. Canadians can be forgiven for being confused that after months of championing Internet freedoms, raising fears of censorship, and expressing concern about CRTC overregulation of the Internet, Conservative MPs were quick to call out those who opposed the bill (the House sponsor is Conservative MP Karen Vecchio). 

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December 14, 2023 114 comments News