The government’s online harms bill dropped yesterday, and while there are some good parts to it, there are some very, very bad parts that I am absolutely outraged about. Because this government has developed a real penchant for major omnibus bills, this contains parts of the previous online harms bill, such as the duty to act responsibly for platforms around safe design for sites and apps, which is the good part. It dropped the hate crime provisions that included restoring some of the functions of the Human Rights Tribunal around hate, which were controversial to begin with, but was also about trying to respond to the increasing amounts of hate being seen online. It seeks to create a Digital Safety Commission as the regulator in charge of the online harms scheme, who will oversee enforcement and implementation. It has a partial social media ban for youth under sixteen, but is also incorporating the age verification scheme of that Senate Public Bill, S-209, which has failed time and again, and which the Trudeau government opposed for all of the right reasons, including the fact that age verification cannot work without becoming mass surveillance (and yes, this is the part that I am absolutely livid about). (More from CBC here and here).
https://bsky.app/profile/emmettmacfarlane.com/post/3mnxuplffys2b
Part of what is so infuriating is that they are putting the age-gating into this legislation, but there are no details on how that is going to work, other than mention of “age estimation,” which is poor technology when it can have trouble distinguishing between a fifteen and a sixteen year-old, and doesn’t work well for anyone who is racialised or trans (and certain age estimation technologies have been easily thwarted with fake moustaches). And remember, this is technology that everyone on the internet is going to be subjected to, which is inevitably going to involve mass surveillance, and the loss of internet privacy writ-large. The Liberals have reversed themselves yet again, shamelessly. (For more, here is Michael Geist’s first impressions of the legislation).
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My column highlights remarks that Louise Arbour made about diversity during her installation speech, given we are at a time of increasing ethnic/white nationalism.