Mandatory child porn reporting law
p2pnet news view | Politics:- Justice Minister Rob Nicholson (right) has tabled the Child Protection Act (Online Sexual Exploitation). As widely reported, Bill C-58 creates a mandatory disclosure requirement on Internet providers where they become aware of child pornography websites or have reason to believe a subscriber is using their service to violate child pornography laws.
Where an Internet provider submits a report on a user, they must preserve the relevant computer data for 21 days and they are prohibited from disclosing the disclosure to the customer. Failure to report may result in fines or imprisonment and providers are granted immunity from liability for reporting the activity.
The definition of Internet provider is broad, extending beyond just ISPs to include those providing Internet access, hosting, or email services. In other words, services like Google, Hotmail, and Facebook are all covered.
The bill shares similarities with provincial laws (ie. Ontario) and those that report under the provincial law are exempt from the federal version. While few will criticize a bill targeting child pornography – everyone agrees that child pornography is abhorrent and we need to ensure that we have laws to deal with the problem – it is hard to see what this bill actually accomplishes. Canada already has:
- an online child pornography tip service that receives thousands of tips
- ISPs that block access to child pornography images
- some of the toughest child pornography laws in the world
- numerous examples of child pornography arrests
- law enforcement focused on child pornography virtually to the exclusion of all other online issues
Further, while there are reports that Canada is a source of child pornography websites, a major European based study concluded that focusing on the World Wide Web and blocking content makes little sense in trying to combat child pornography (the same report found that image blocking initiatives like the Canadian Project Cleanfeed are ineffective).
Instead, the real problems lies in dissemination of child pornography in newsgroups, private groups, and other private spaces that fall largely outside the potential for tips envisioned by Bill C-58 or Canada’s Project Cleanfeed.
Michael Geist - Michael Geist’s Blog
[Geist is the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa. He can be reached by email at mgeist @ uottawa dot ca]
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November 25th, 2009 at 6:36 pm
Oh, dear
November 25th, 2009 at 7:22 pm
“and they are prohibited from disclosing the disclosure to the customer.”
Gee that sounds like a Bill you can trust!
So if someone is innocent, I guess they can sue for $5 million + as they will have to run and hide to avoid the ignorant public rage.
November 25th, 2009 at 10:42 pm
Ruining others’ lives just got easier.
Law should have been more draconian, so that it is easier to jail its authors.
November 26th, 2009 at 7:37 am
I know this is a serious issue, but I have to say Pedobear is not Impressed. :p
Bill C-58 cannot be enacted on Google, Hotmail or Facebook because they are on US Soil, and would make ‘Canadas Project Cleanfeed’ somewhat ineffective altogether (Sorry Justice, Nicholson ): )
Im a kid myself at a mature age of 19 (somewhat) and I have like hundreds, and hundreds of friends that say I look underage
(also known as “Jailbait”–The term used for People under the age of 18 who pose 18 to lure Perverts to teh Jail)
Child Pornography, or CP or what have you is a kind of Gray area I think.
According to http://ageofconsent.com in Canada is 14, In the State of Victoria, Australia, 17 as low as 12 in Chile, with Differing between 16-18 across the US
With an alarming amount of countries even BANNING underage same-sex which is sad I believe, and homophobic even to legal-age adults, (We are the Government-and We will choose who you have sex with?—thats not right even if you are underage)
Im not saying Child Porn is good, but I think the real people who hurt Children are Child Abusers, Assaulters, and Grown men (Who sadly, should know better) that smack Children for even the smallest of faults (There is no link to CP there these are Grown Adults who Call themselves Parents?)
Child Porn is petty and dare I say somewhat insignificant to the pain that Children feel each day that are assaulted by their parents, and smacked for spilling milk or drawing on the wall, yet Kids are Strong and Its taught naturally to them not to hold a grudge
Bi-Sexual, Lesbian, and Gay People have rights even if they are below 18 If a teen couple of the same age want to have (responsible) sex than it is the Government who are homophobic, Child Porn is abhorrent but homophobia is just childish (pardon the pun)
Why punish a few Perverts? Child Porn hurts no-one I believe an update to the Canadian Children and Family Services act, such as tougher penalties for smacking your Children (There are humane ways of discipling Children—-and its not letting your children associate you with violence)
Even Canadas Children Rights Council could get on this.
Im not saying Child Porn is not the root of all evil, in some men but Its even more disturbing to see Governments use it to hide their homophobia.
I always tend to Open a Pandoras Box.
November 27th, 2009 at 11:12 am
Live for the Children, because they are our future
Not that anyone told me that when I was younger ):
January 7th, 2010 at 5:46 pm
The biggest problem we are facing now as parents and concerned citizens trying to protect our children from pornography are the many “Tube” sites on the internet. These sites allow children to become members of the sites without any form of authentication and do not require proof of age to join, all while delivering various kinds of questionable content including child pornography and incest videos. One of the largest offenders of these “Tube” sites is http://www.xhamster.com. This site allows a child instant access to materials that are illegal for minors, allows them to post their own photos and videos, thus exploiting the children further, and encourages sexual encounters and promiscuous behavior. All this while not requiring any form of Adult Verification or Proof of Age of the user. These types of sites all post copyright infringing adult materials by their users requiring no proof of ownership of said materials. These sites must be stopped. If Adults of Questionable character like to visit these vulgar sites, that it is their prerogative, but a child must never be exposed to such material so easily and quickly. It is vital that if you read this post, that you share this information with other concerned citizens and organizations that might be able to do something about this completely overlooked crime against children. Act NOW!