Kiddie porn bill catches consensual sex
FREEDOM / NDP's Peter Stoffer demands ISPs report content
Marcus McCann / National / Wednesday, November 26, 2008
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Less than a week into the fall Parliamentary calendar, the NDP's Peter Stoffer has introduced a familiar bill.

The private member's bill, which he says has been languishing since 1995, would force internet service providers (ISPs) to report certain kinds of sexual online content to police.

"We don't want the ISPs to go in and censor anything," says Stoffer. "ISPs, if they come across material, if they suspect it, then they pick up the phone and call either the RCMP or the provincial police."

The list of designated offences includes the production or distribution of child pornography and bestiality.

It also includes the anal sex provision, which sets an uneven age of consent for gay sex. Section 159, which has already been struck down in Ontario, Quebec, BC, Alberta and Nova Scotia, also criminalizes consenting sex between more than two adults. Some of Stoffer's NDP colleagues have signalled that they want 159 struck, yet it remains in his bill, introduced Nov 21.

Stoffer admits that the bill isn't up to date, but he says he's open to changing the bill at the committee stage. The committee process, where members of all parties hear from witnesses and can propose amendments, is a good place to address concerns, he says.

"All legislation is open for debate," says Stoffer.

Civil liberties groups have, for years, opposed similar bills that seek to censor, monitor and regulate the content of the internet.

Michael Vonn is the policy director of the BC Civil Liberties Association. She has seen a lot of versions of this legislation in Canada and internationally.

"This is of a particular vintage — the 'Let's get the private sector to spy on people' vintage," says Vonn.

Critics have likened this kind of bill to asking phone companies to report offensive content carried over telephone lines.

With no penalty for reporting, but hundreds of thousands of dollars in fines for failure to report, it's "a given" that ISPs will report all kinds of things that aren't kiddie porn, out of fear of getting dinged.

"The idea that surveillance of the internet is going to be a panacea is very popular among legislators," she says. "But it bears no resemblance to reality."
 



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Reader Comments


 
"Civil liberty"
There is no reason as to why the government (any level of government) should not attempt to regulate the content on the internet. They already regulate TV, radio, billboards etc. This is no different than any other medium. In fact the reason that child pornography became so prevalent on the internet in the first place was because originally the internet had an image of total anonymity and no regulation. Any law that attempts to stop the spread of child rape is a good law even if a few minor so called "civil liberties" are violated. Also, check your facts the age of consent of sexual activity between 2 men or 2 women is 16 just like every one else. It's only anal sex (something I never practice) where the age of consent is 18 and that applies to everyone male, female, trans, gay or straight.
Mike, Calgary Alberta
11/27/08 4:55 AM EST
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Internet Censorship Applicability
As a person who spends a significant portion of time on the internet, I can definitely say with confidence that any attempt to censor or restrict access to material found on the internet may not be entirely effective. While I am in total agreement that child pornography, or other such sexual depictions deemed illegal in Canada, should be monitored and definitely policed, attempting to restrict access to the material may very well prove futile. The internet, by its very nature is a global entity and as such can not be controlled by any single government. We have seen where attempts by governments to restrict access to questionable material has had the undesirable effect of restricting perfectly legitimate material as well. Some institutions, such as libraries and resource centers try to implement filters to restrict a user from accidentally or purposefully accessing material which might be deemed offensive. The most common of these filters will restrict the user from visiting any website containing the word "GAY" or "HOMOSEXUAL" in an attempt to stop users from visiting porn sites geared towards that subject. At the same time, it would also affect a student from legitimately accessing literature by gay authors containing gay themes or scientific research which focuses on the LGBT community. So we must tread carefully and be mindful of what can practically be done, and what should be done with regards to illegal pornographic material, lest we become like China which severely restricts access to any material on the net which the government has deemed inappropriate for its citizens. Also I would like to clarify the law about consentual anal sex: The age of consent for anal sex is 18, EXCEPT, Ontario, Quebec, BC, Alberta and Nova Scotia whose courts have deemed that restriction unconstitutional thereby setting the age of consent for anal sex (regardless of gender) at 16 in those provinces.
Jason, Hamilton Ontario
11/27/08 10:46 AM EST
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