![▇▇▇▇ [1113] by Brian J. Matis (CC BY-NC-SA 2.0) https://flic.kr/p/bfa2dF](https://www.michaelgeist.ca/wp-content/uploads/2017/11/6723758731_f8a9f8c7ab_b-200x150.jpg)
Canadaland reports today that Bell is leading a coalition that plans to file a proposal with the CRTC that would lead to the creation a mandatory website blocking system in Canada. The unprecedented proposal, which includes the creation of a new “Internet Piracy Review Agency”, envisions the creation of mandatory block lists without judicial review to be enforced by the CRTC. As a result, the companies (reportedly including Rogers and Cineplex) envision sweeping new Internet regulations with the CRTC ultimately charged with enforcing site blocking by every Internet provider in Canada. I reviewed the proposal in order to provide comments to the Canadaland.
Post Tagged with: "website blocking"
Bell Calls for CRTC-Backed Website Blocking System and Complete Criminalization of Copyright in NAFTA
Bell, Canada’s largest telecom company, has called on the government to support radical copyright and broadcast distribution reforms as part of the NAFTA renegotiation. Their proposals include the creation of a mandated website blocking system without judicial review overseen by the CRTC and the complete criminalization of copyright with criminal provisions attached to all commercial infringement. Bell also supports an overhaul of the current retransmission system for broadcasters, supporting a “consent model” that would either keep U.S. channels out of the Canadian market or dramatically increase their cost of access while maintaining simultaneous substitution.
The Bell positions were articulated at hearing this week of the Standing Committee on International Trade on NAFTA (I appeared earlier in the week before the same committee).
Government-Mandated Website Blocking Comes to Canada as Quebec’s Bill 74 Takes Effect
With little fanfare, Quebec passed website blocking legislation last week. Bill 74 took effect on May 18th, setting up a likely court showdown between the Quebec and federal governments. As discussed in several articles and posts over the past year (here and here), Quebec’s Internet blocking legislation requires Internet service providers to block access to a list of online gambling sites to be identified by the government-backed Loto-Québec. The government now characterizes the legislation as a matter of consumer protection, but it did not initially hesitate to emphasize that its primary goal was to increase revenues for Espace-Jeux, its officially sanctioned online gambling service.
Quebec Law Would Violate First Rule of the Canadian Internet
If there is a first rule of the Internet in Canada, it is “thou shall not block.” Canadian Internet service providers face a wide range of policies that have implications for accessing content including net neutrality rules and the copyright notice-and-notice system. Yet in virtually all cases, blocking or removing content is simply not done (the lone exception is a limited, private sector led initiative to block child pornography images).
My weekly technology law column (Toronto Star version, homepage version) notes that unlike other countries which have dabbled in mandated takedowns or Internet filtering, Canada has largely defended an “open Internet”. Canadian law does not mandate that Internet providers take down content due to unproven allegations of copyright infringement or allow them to alter or change content. In fact, the Telecommunications Act stipulates that “a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.”
Quebec Bets on Internet Blocking: New Bill Mandates ISP Blocking of Gambling Websites
The Government of Quebec has introduced new legislation that requires Internet service providers to block access to unlicensed online gambling sites. The provisions are contained in an omnibus bill implementing elements of the government’s spring budget, which included a promise to establish website blocking requirements. The bill provides that “an Internet service provider may not give access to an online gambling site whose operation is not authorized under Québec law.” The government’s lottery commission will establish the list of banned websites:
“The Société des loteries du Québec shall oversee the accessibility of online gambling. It shall draw up a list of unauthorized online gambling sites and provide the list to the Régie des alcools, des courses et des jeux, which shall send it to Internet service providers by registered mail.“
According to the law:
“An Internet service provider that receives the list of unauthorized online gambling sites in accordance with section 260.35 shall, within 30 days after receiving the list, block access to those sites.“
Recent Posts
The Law Bytes Podcast, Episode 234: “Solutions Aren’t Going to be Found Through Nostalgia”: Mark Musselman on the CRTC Hearings on Canadian Content Rules 
Here We Go Again: Internet Age Verification and Website Blocking Bill Reintroduced in the Senate (With Some Changes) 
The Law Bytes Podcast, Episode 233: Abdi Aidid on AI, the Law and the Future of Legal Practice 
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course 
Solomon’s Choice: Charting the Future of AI Policy in Canada
