The last Parliament featured debate over several contentious Internet-related bills, notably streaming and news laws (Bills C-11 and C-18), online harms (Bill C-63) and Internet age verification and website blocking (Bill S-210). Bill S-210 fell below the radar screen for many months as it started in the Senate and received only cursory review in the House. The bill faced only a final vote in the House but it died with the election call. This week, the bill’s sponsor, Senator Julie Miville-Dechêne, wasted no time in bringing it back. Now Bill S-209, the bill starts from scratch in the Senate with the same basic framework but with some notable changes that address at least some of the concerns raised by the prior bill (a fulsome review of those concerns can be heard in a Law Bytes podcast I conducted with Senator Miville-Dechêne).
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The Law Bytes Podcast, Episode 204: What Could Have Been for the Bill S-210 Hearings
Bill S-210, the mandated age verification bill for pornography sites that in reality targets everything from Google Search to Netflix, was expected to be the subject of extensive hearings by the Standing Committee on Public Safety and National Security. But after a Conservative filibuster, it appears that there will be only one hearing and that the bill will be reported back to the House unamended. Before that vote, this week’s Law Bytes podcast offers up a “what could have been” hearing on the bill. It features my mock opening statement alongside responses to some of the actual questions raised by MPs on issues such as privacy, website blocking, and poorly defined terms in the bill.
Bill S-210 Study Without Witnesses?: Why a Conservative Filibuster May Lead to New Internet Age Verification Requirements and Website Blocking Legislation
When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.” Nearly six months later, the bill is closer than ever to becoming law as the Conservatives improbably appear to be doubling down on support and seeking to limit witness testimony through filibuster tactics that could result in a full House vote without any amendments. For those new to the bill, the government has called it “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media. While the government has opposed it (save for a small number of Liberal MPs), the bill received full backing from Conservative, NDP, and Bloc MPs to send to the Standing Committee on Public Safety for further review. Now that it is there, the Conservative MPs have used filibuster tactics to block all witness testimony on the bill.
Conservatives Double Down on Support for Mandated Internet Age Verification and Website Blocking: Why Can’t Canada Get Common Sense Digital Policy?
Digital policy has been the source of seemingly never-ending frustration for years in Canada. The government chose to prioritize two flawed bills on online streaming and online news, both of which sparked considerable opposition, lengthy delays, and ultimately delivered few actual benefits (Bill C-11 faces at least another year of hearings at the CRTC, Bill C-18 is a disaster that has left many media companies worse off). Its 2021 consultation on online harms was so badly received that it was quickly shelved and has required nearly three years to recover. The policies it should have prioritized such as stronger privacy and competition rules were largely left to languish with Bill C-27 still in committee and now subject to mounting opposition over the decision fold AI regulation with minimal consultation into the bill.
Given that track record, it is hard to be optimistic as the online harms rules get set to take centre stage.
The Law Bytes Podcast, Episode 190: Debating Bill S-210 – Senator Julie Miville-Dechêne Defends Her Internet Age Verification Bill
I’ve described Bill S-210, the Protecting Young Persons from Exposure to Pornography Act, as the most dangerous Internet bill you’ve never heard of as it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media. The bill started in the Senate and having passed there is now in the House of Commons, where MPs voted in favour of it at second reading and sent it to committee for further study. Senator Julie Mivelle-Dechêne is the chief architect and lead defender of the bill. A former Radio-Canada broadcaster who was appointed to the Senate by Justin Trudeau in 2018, she joins the Law Bytes podcast to debate her bill as she provides her rationale for it and defends against the criticism and concerns it has sparked.