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The Bell website blocking coalition unsurprisingly argues that blocking “regimes have been widely adopted internationally because they have been proven to work.” The submission cites data from several countries including the UK, Portugal, and South Korea. As demonstrated last week, the Bell coalition proposal has not been widely adopted internationally. In fact, the overwhelming majority of countries have rejected approaches that do not include court orders. Moreover, a closer look at the data reveals that website blocking is far less effective than its proponents claim.
Post Tagged with: "website blocking"
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The Case Against the Bell Coalition’s Website Blocking Plan, Part 7: The Likely Expansion of the Block List to Non-IP Issues
The case against the Bell coalition website blocking proposal has already identified at least two sources of likely expansion and over-blocking: expanding the scope of piracy sites and the over-blocking of legitimate sites that has frequently occurred with site blocking systems around the world. There is a third source worthy of examination, however, namely pressure to expand the block list to non-intellectual property issues (other posts in the series include the state of Canadian copyright, weak evidence on the state of Canadian piracy, the limited impact of piracy, and why the absence of a court order would place Canada at odds with virtually all its allies).
The Case Against the Bell Coalition’s Website Blocking Plan, Part 6: Over-Blocking of Legitimate Websites
As the public concern over the Bell coalition website blocking plan continues to grow (both the Canadian Press and CBC this weekend covered the thousands of interventions at the CRTC), the case against the plan resumes with a review of why it is likely that it will lead to over-blocking of legitimate websites. Last week’s post highlighted the probable expansion of the scope of piracy for blocking purposes, a theme that continues today with a look at the many incidents over-blocking of legitimate sites sparked by website blocking (other posts in the series include the state of Canadian copyright, weak evidence on the state of Canadian piracy, the limited impact of piracy, and why the absence of a court order would place Canada at odds with virtually all its allies).
The danger of over-blocking legitimate websites raises serious freedom of expression concerns, particularly since experience suggests that over-blocking is a likely outcome of blocking systems. The Council of Europe Commissioner for Human Rights issued a report in 2014 on the rule of law on the Internet in the wider digital world, noting:
The Case Against the Bell Coalition’s Website Blocking Plan, Part 5: The Inevitable Expansion of the Block List Standard for “Piracy” Sites
The Bell coalition website blocking proposal downplays concerns about over-blocking that often accompanies site blocking regimes by arguing that it will be limited to “websites and services that are blatantly, overwhelmingly, or structurally engaged in piracy.” Having discussed piracy issues in Canada and how the absence of a court order makes the proposal an outlier with virtually every country that has permitted site blocking, the case against the website blocking plan now turns to the inevitability of over-blocking that comes from expanding the block list or from the technical realities of mandating site blocking across hundreds of ISPs for millions of subscribers. This post focuses on the likely expansion of the scope of piracy for the purposes of blocking and the forthcoming posts will discuss other sources of blocking over-reach.
The Case Against the Bell Coalition’s Website Blocking Plan, Part 4: Absence of Court Orders Would Put Canada At Odds With Almost Everyone
The first three posts in the case against the Bell coalition website plan focused on why it has failed to provide convincing evidence that the drastic step of site blocking is needed (existing law, weak evidence on Canadian piracy, limited negative impact on the market). The series continues by examining some of the problems with the proposal itself. One of the most obvious problems – indeed one that is fatal – is the absence of court orders for website blocking. The attempt to avoid direct court involvement in blocking decisions means the proposal suffers from an absence of full due process, raising a myriad of legal concerns. If adopted, the coalition website plan would put Canada at odds with almost every other country that has permitted blocking since the data is unequivocal: the overwhelming majority require a court order for site blocking.
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
