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The Great Firewall of Canada

engtech writes "Canadian carriers Bell Aliant, Bell Canada, MTS Allstream, Rogers, SaskTel, Shaw, TELUS, and Videotron have all opted in to a blacklist, dubbed Project Cleanfeed Canada, provided by Cybertip.ca, the Canadian tip-line against child exploitation. The idea of having a national blacklist sends shivers down my spine. I'm a pessimist, I believe that any form of censorship will eventually be abused despite it's good intentions." Besides engtech's post on the subject, Dr. Michael Geist has some considered comments about this issue. From that post: "Critics are quick to draw parallels to Internet censorship in countries such as China. However, those countries involve state-based content blocking, with no transparency or legal recourse. In fact, several democracies — most notably Australia — have established limited blocking rules, while British Telecom, the UK's largest ISP, voluntarily blocks child pornography as part of its CleanFeed program. Even with various legal safeguards, many Canadians would undoubtedly find the blocking of any content distasteful. Yet to do nothing is to leave in place an equally unpalatable outcome that silences those would speak out against unlawful hate speech for fear of personal harm."

21 of 399 comments (clear)

  1. Chilling effect by BadAnalogyGuy · · Score: 5, Funny

    Who is going to take the trip down the road of legal recourse when they're going to be branded a child-exploiter?

    Sorry, sir, our records indicate that PEDOS4PEDALS has had several complaints lodged against it and has been blacklisted in accordance with current regulations. If you wish to pursue this further, please see our webpage www.complainhereyousickpervert.ca for more information on how to remove your domain from the blacklist.

    1. Re:Chilling effect by cloricus · · Score: 4, Insightful

      Which is painful because the only people who will challenge this will be legitimate users...
       
      As any SysAdmin knows firewalls are a waste of time against those inside the system that are desperate to move data. Even those not smart enough to break through will just use sneakernet and unless you want to lock down every pc in the country this isn't going to be stopped.
       
      Some one should do some thing about outright wastes of money like this even above the out cries that 1984 is here.

      --
      I ate your fish.
  2. Um, come again? by freeweed · · Score: 4, Interesting

    many Canadians would undoubtedly find the blocking of any content distasteful. Yet to do nothing is to leave in place an equally unpalatable outcome that silences those would speak out against unlawful hate speech for fear of personal harm

    No, to do nothing is to allow free speech on both sides. Blacklists, or lack thereof aren't going to help OR stop people from speaking out against hate speech. All they'll do is prevent speech of some sort.

    This Canadian doesn't follow the logic here at all.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:Um, come again? by Atlantis-Rising · · Score: 5, Informative
      What many people (usually americans, I find, although that in no way implies you are one) mistake about Canada is that hate speech is illegal. It is not. Hate speech inciting violence or hate speech advocating genocide is illegal.
      There is a substantial difference. You are perfectly free to walk around street-corners yelling about how much you hate the jews; but when you start yelling "SOMEONE SHOULD KILL THE JEWS" and their speech...
      ...incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace...

      That's when they can be punished. Even when Canada did not have a written constitution or bill of rights, this speech was still protected extensively.

      Hate speech is in fact legal. it is inciting violence which is not legal, and, to my knowledge, is not legal in the US either.
      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    2. Re:Um, come again? by arth1 · · Score: 4, Insightful
      According to my understanding of the law in the U.S. (IANAL...yet) you are correct. It is the inciting of (criminal) action that can get one in trouble here.

      Unfortunately, that's not the case. Post details on pipe bombs and molotov cocktails on your web site with a blurb that it's informational only, in order for people to better protect themselves from them, or in the future make them if and only if a legal need arises. Then see what happens.

      You're free to say anything that the government likes. If they dislike it enough, they always have provisions for getting you. Much like any other country, at any other time.

      Your best defense is to support the rights of even those you don't like. If your parents had, in the 50's and 60's, supported the communists' and peaceniks' right to speech, the bill of rights might still have had some power. As it is, it doesn't. It's easy enough to brand someone critical of the government a potential terrorist, and the first, fourth and sixth amendments get suspended.

      Regards,
      --
      *Art
  3. Hold on there, Cowboy by dsanfte · · Score: 5, Insightful
    The idea of having a national blacklist sends shivers down my spine. I'm a pessimist, I believe that any form of censorship will eventually be abused despite it's good intentions.


    I'm sure the outrage has you foaming at the mouth, and is palpably dripping from your chin as we speak. But hold your horses.

    We are not talking about silencing political speech here. Canada is not China, period. We have had laws against hate crimes and child porn for quite awhile now, and there are specific exceptions allowed in our constitution such that there can be no hiding behind the banner of free speech for these things. They are, unequivocably, criminal acts.

    If any sites of note are wrongly blocked, you will hear about it very quickly. Again, we are not China, and news travels fast. The potential for abuse here is small.
    --
    occultae nullus est respectus musicae - originally a Greek proverb
    1. Re:Hold on there, Cowboy by Kadin2048 · · Score: 4, Insightful

      Well, this whole issue got started because of a one guy's campaign against white supremacist groups and "hate speech," so I don't think it's much of a stretch to assume that these sorts of laws are going to be used against more than pornography pretty quickly.

      When Richard Warman asked the CRTC to order Canadian ISPs to block certain U.S. sites that allegedly threatened him, one of the reasons they refused was because of the "unprecedented nature of the relief sought in the Application."

      If such blocking was more common, as it would if it was used daily against other sites, then the 'unprecedented action' defense wouldn't exist. Judges are unlikely to create new blocking systems where none exist already, but adding a site to an already extant one is a far lower standard.

      It's naive in the extreme to simply assume that systems like this, regardless of the reasons for their creation initially, won't be extended to other ends. When you give someone a hammer, don't be surprised if they start looking for something to pound with it.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:Hold on there, Cowboy by blincoln · · Score: 5, Funny

      Eh eh?

      Watch out, if you make fun of the Canadians they might come burn down Washington, DC again.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    3. Re:Hold on there, Cowboy by RsG · · Score: 4, Funny
      Watch out, if you make fun of the Canadians they might come burn down Washington, DC again.
      What on Earth makes you think most Americans would mind?
      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    4. Re:Hold on there, Cowboy by elgaard · · Score: 4, Interesting

      Well, we have seen the slippery slope in other countries.

      Here in Denmark we have had such a system for more than a year.
      The police get secret blacklists from the "Save The Children" organization. The polices have signed contracts with all Danish ISP's.
      There are government reports talking about blocking hate speech, racism, and threats of violence.
      Last month a danish ISP was ordered to block allofmp3.com by a court ruling, referring to the these filters. http://itpol.dk/sager/nyheder/Allofmp3En

      In Italy they are blocking foreign gambling sites.

      Having a system where the police are supplieng list of sites for ISP's to block is not a good thing.

  4. Hmmm... by Anonymous Coward · · Score: 5, Funny

    "despite it's good intentions."

    Are they already blacklisting grammar sites?

  5. Slippery slope by phorm · · Score: 5, Insightful

    I remember when the Telus (which is both an ISP and a telco) strike was on, a big issue was raised because they blocked the webpages of their workers' union from those using their internet services. I'm not sure if Canada has the same common-carrier laws as the US, but it seems to me that with or without them, these steps towards having a third party able to decide what is "acceptable" speech or not is a dangerous one.

    Apparent age of females, intent of speech or hatred therein, and many other things are open to wide interpretation. So who gets to decide what is standard vs hate speech, what is pornographic, what girls/boys appear underage? The same companies that block a disagreeable union webpage... that isn't a good sign to me.

  6. Doesn't seem that bad by thedarknite · · Score: 4, Interesting

    From the description of what the ISPs have opted into, I don't see too many problems with it. However, there should be some way of being able to review who is on the blacklist and why, so there is some recourse for sites that are listed without actually violating any laws.

    --
    A game has objectives and is competitive, anything else is just play
    1. Re:Doesn't seem that bad by Sinbios · · Score: 5, Insightful

      How are you going to review the list if you can't VIEW the sites ON the list? If it's just government officials/telco assigned people doing the reviewing, what good is it?

      --
      Anyone can "stand up for what they believe", but it takes a very brave individual to change what they believe. - Loundry
  7. So how do they identify child porn? by A+beautiful+mind · · Score: 4, Interesting

    How does a process tell the difference between two images, nonetheless two nude people, one 16 and the other 18?

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  8. australia by timmarhy · · Score: 5, Informative

    "several democracies - most notably Australia - have established limited blocking rules" completely untrue. the family first party of australia, a right wing christian fundamentalist group who unfortunately got a senator into our government was pushing a proposal, but nothing has been put into law or implemented to my knowledge.

    --
    If you mod me down, I will become more powerful than you can imagine....
  9. Meanwhile in Denmark... by nickos · · Score: 4, Informative

    A Danish court recently ruled against a Danish ISP and ordered it to block all access to the site Allofmp3.com. According to the ruling, the ISP is willingly infringing copyright if it's customers use AllofMP3 to download music.

    The verdict could have very strong implications for the future. It clearly states that an ISP can be held liable for temporarily (milliseconds) storing infringing data on their routers. This means that ISPs can be forced to block websites, if the court decides that these sites are mainly used to spread "illegal" content.

    Read more here and here...

    1. Re:Meanwhile in Denmark... by Husgaard · · Score: 5, Informative

      When looking for a link, I was shocked to see a new development in this case: Yesterday the ISP in question announced that they decided not to appeal as they had announced they would, and all other major danish ISPs have started blocking allofmp3.com too.

      You can read more about this in danish at Piratgruppen.

      The court decision is available in PDF format in danish here, and I found an unofficial english translation of the conclusion of the court decision here.

      Further analysis of the court decision in danish can be found here.

  10. Hate Speech? by Anonymous Coward · · Score: 4, Insightful

    What the hell is this "Hate Speech" thing? In a free country, you should be allowed to say whatever the hell you wish besides inciting a riot or yelling fire in a crowded theater, or something like "I will murder so-and-so." Even for the last example, they should not be prosecuted for "Illegal Speech", but for planning a murder.

    It is ridiculous, immature and naïve to think that someone could actually be HARMED by ideas or words. Has no one else ever been taught that Sticks and Stones may break my bones, but words can never hurt me ?

    Face it, outlawing "Hate Speech" is pretty much enacting Thought-Crime legislation. If you disagree with someone's obviously wrong ideas, such as something as senseless as racism, combat it with logic, common sense and better ideas. Don't make thinking or saying certain things illegal.

    And even if it was possible to come up with a defense of anti-Hate Speech laws, the boundaries between what is and isn't hateful is arbitrary and would inevitably be abused.

  11. It's not going to stop with child porn. by Kadin2048 · · Score: 5, Insightful

    Just in case anyone thought that this issue would remain just one of child pornography, it's worth reading the second linked article, which reveals that much of the current rulemaking was sparked by Ottawa's Richard Warman, a sort of Canadian answer to Jack Thompson, whose pro-censorship stance is centered mostly around "hate speech." His original petition to the CHRC was for censorship of U.S.-based sites that apparently threatened him, under the argument that by threatening someone in Canada, they came under the jurisdiction of the Canadian courts (think about that for a moment, particularly about how the U.S. could use it to grab 'jurisdiction,' and tell me that it's not a really dangerous idea).

    The excuse for national censorship systems is undoubtedly going to be child porn, but it's absolutely naive to think that it won't be extended to other things. It's going to go from child porn, to "hate speech," to gambling and financial transactions ('when you gamble, you're financing terrorism!'), to downloading and copyright infringement. When you look at the motives of the people driving these programs, they are not going to be satisfied simply with ineffectually blocking some porn.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  12. Re:Great Firewall by Rakishi · · Score: 5, Insightful

    We believe in authority up here more than in America it seems.

    That is rather frightening really or naïve, believing that others somehow want what is best for you by the simple fact that they managed to cheat and lie their way to the top. Then again humans seem to love to give criminals big guns and then wonder why they got shot in the head.

    It's unlikely to be abused, especially if there is some transparency.

    Of course it will get abused sooner or later, everything is once someone with a potential gain finds a way to do it.

    It's very American to automatically respond to this kind of thing as though it was a threat.

    No, it's the safe way of doing things. See unlike say Great Britain we feel that losing all our freedoms gradually by "small but increasing steps" is not a good things.

    Stop acting like a teenager.

    No, unlike you we understand human nature and the nature of those in power. Only the naïve and stupid think that things will not be abused or that those in power should be blindly trusted at all.