Regulating internet will be difficult, online panel told

Canada’s attempts to control internet content and online harms will be a minefield of regulations, court challenges and regulator discussion, an online panel heard on Wednesday. The Internet Corporation for Assigned Names and Numbers (ICANN) hosted more than 100 people at a Zoom meeting entitled “Virtual Discussion on Internet-Related Legislation in Canada.'' The parlay featured experts from different organizations who were unanimous in their view that Bill C-10, the update to Canada’s Broadcasting Act, in the last Parliament and the discussion papers on online harms reduction left a lot to be desired. Natalie Campbell, representing the Internet Society, led off the discussion by pointing out the necessity of the online world during the pandemic. Streaming services jumped in popularity, people were working from home more often and businesses learned how to adapt to online marketing. “The internet is a much needed constant,” she said. While agreeing that governments worldwide should determine how to keep their citizens safe in the cyber world, Campbell stressed they should do due diligence. She maintained there are six areas at stake in Canada: technological innovation, economic growth, business recovery post-pandemic, start-up culture, foreign investment and privacy. Alyssa Quinn of the Canadian Internet Registration Authority (CIRA) said she expects the successor to Bill C-10, which died on the Order Paper when the 2021 election was called, to be introduced this year. She told the conference that the Department of Canadian Heritage had issued guidelines on online harm in July but did not publish the submissions from stakeholders, citing confidentiality. Some intervenors have voluntarily released their submissions. She said the intent of the proposed legislation was to go after the big platforms, a feeling echoed by former CRTC chair Konrad von Finckenstein. Von Finckenstein found much that was dubious in the suggested regime. Labeling the proposals “very broad”, he noted that streaming services such as Netflix do not need to be broadcasters but need to be registered with the commission, which may offer exemptions if the company does not contribute to the broadcasting system. Streaming services would be required to contribute to the broadcasting fund. The government estimated that $800 million would be raised by the fees. “God knows where that number came from,” he said. The former CRTC chair postulated that some provisions of the legislation could run afoul of the USMCA, the revamped North American Free Trade Agreement. International services must contribute to the Canadian broadcasting system but cannot access the fund because they are not Canadian companies. He predicts “fierce” hearings before the commission and many appeals to cabinet and the courts. On the online harms proposals, he cited problems converting criminal matters, such as child pornography and terrorism, to civil contexts. There will be a huge bureaucracy seeking to work its way through the swamp of legislation. The last speakers were from the Competitive Network Operators of Canada (CNOC). Geoff White echoed von Finckenstein in envisioning lengthy drawn-out battles. He wondered why the government did not look at reforming the CRTC, as recommended in the Yale report into broadcasting and telecommunications. His colleague Bryson Masse said the online harms requirement for site blocking will have a huge impact on internet service providers. “It will catch all ISPs, big and small.” He worried about over blocking, saying taking down one Facebook group could necessitate blocking all of Facebook. There will be added costs to ISPs, in the form of additional personnel and equipment needed to monitor banned content. During the question period at the end of the session, there was a lively discussion about the online harms proposal. CIRA’s Quinn said the five categories of online harm under review were being treated as if they are equal when they should be handled distinctly. White asserted there are existing regulations to deal with online harms but politicians are concentrating on cultural goals. “They’re trying to cram all of the internet into the CRTC,” he said, at a time when the regulator is having difficulty fulfilling its present mandate. Von Finckenstein agreed with his co-panelists. “See if what you have already is sufficient.” One questioner wondered why Canadian Heritage was taking the lead on the reform package. “It’s because the minister essentially anointed himself the minister of the internet,” von Finckenstein remarked, chiding the Innovation Minister for “abdicating” his role. Quinn concurred that the Department of Innovation, Science and Economic Development (ISED) was taking a back seat in the process. “ISED doesn’t seem to be driving the digital bus,” she commented. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca

Regulating internet will be difficult, online panel told

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