Bill S-210: A Threat to Internet Freedom and Privacy, Warns Expert

The Canadian internet landscape faces a potential upheaval with Bill S-210, known as the Protecting Young Persons from Exposure to Pornography Act, moving closer to becoming law.

Dr. Michael Geist, law professor at the University of Ottawa and Canada Research Chair in Internet and E-commerce Law, has voiced serious concerns about the bill’s implications for internet censorship and privacy.

Passed by the Senate in April and recently voted through the second reading in the House of Commons, Bill S-210 has been championed by Senator Julie Miville-Duchêne and supported by various political parties, despite opposition from government ministers. The bill aims to curb underage access to sexually explicit material online but has raised significant concerns due to its broad scope and enforcement mechanisms.

Geist, who appeared before the Senate committee studying the bill, stated, “By bringing together website blocking, face recognition technologies, and stunning overbreadth that would capture numerous mainstream services, the bill isn’t just a slippery slope, it is an avalanche.” He acknowledged the importance of protecting minors from inappropriate content but emphasized that the bill extends beyond personal choices and envisions government-enforced global website liability.

Strange dynamics on Bill S-210: Vote suggests government opposes, but CPC, NDP and Bloc coming together to support site blocking, age verification with facial recognition for search and social media, and CRTC oversight. Far better policy options available.https://t.co/mvRc9yi99e

— Michael Geist (@mgeist) December 14, 2023

The bill proposes fines of up to $500,000 for organizations that fail to prevent underage access to explicit material and requires them to implement prescribed age-verification methods, which might include face recognition technologies.

Geist expressed concerns about these privacy-invasive measures, stating, “This effectively means that sites will require their users to register with commercial age verification systems in order to run a search or access some tweets. And the age verification systems raise real privacy concerns, including mandated face recognition as part of the verification process.”

Moreover, the enforcement of Bill S-210, likely to be overseen by the CRTC, involves potential website blocking by ISPs, extending to websites globally. Geist highlighted the risks of overblocking, explaining that the bill “not only envisions the possibility of blocking lawful content or limiting access to those over 18, it expressly permits it.”

He pointed out any site that has sexually explicit content, including search engines, social media networks such as X (formerly Twitter), and online forums including Reddit, could be blocked.

Despite the bill’s progression, Geist remains critical of its potential impact on internet freedom in Canada. “The bill should not have come this far and should not be supported,” he asserted, pointing out the dangers of government-backed censorship and the erosion of digital privacy rights.