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The Conservative government introduced new legislation Tuesday that will compel Internet service providers (ISPs) to report to law enforcement officials if they find or learn of child pornography on their networks. Justice Minister Rob Nicholson speaks to reporters during a press conference, Tuesday, Nov. 24, 2009.

Tories clamp down on Internet child pornography

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CTV News Video

CTV National News: Robert Fife on the crackdown
The federal government introduced legislation Tuesday which will require Internet service providers to report knowledge of child pornography.
Power Play: Justice Minister Rob Nicholson
Nicholson says most major internet service providers are already on board with police and new child internet pornography legislation is aimed at smaller ISPs who could receive helpful information about predators.
CTV News Channel: Steven Skurka, legal analyst
CTV's legal analyst says it's a good initiative by the government to try and eliminate cyber porn but despite the new mandatory reporting it will still remain an uncontrollable issue.
CTV News Channel: Officials unveil legislation
Justice Minister Rob Nicholson outlines the government's proposal on battling child pornography in Canada and says the reporting regime will be mandatory for Internet Service Providers.
CTV News Channel: Officials answer questions
Canadian officials speak with the media about the new legislation to combat child pornography in Canada.
Canada AM: David Fewer and Lianna McDonald
The executive director of the Canadian Centre for Child Protection and the director of the Canadian Internet Policy and Public Interest Clinic at the University of Ottawa Law School discuss the new legislation and the concerns they have over the law, including what type of limitations should be set for the legislation.

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The Conservative government introduced new legislation Tuesday that will compel Internet service providers (ISPs) to report to law enforcement officials if they find or learn of child pornography on their networks. Justice Minister Rob Nicholson speaks to reporters during a press conference, Tuesday, Nov. 24, 2009.

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The Conservative government introduced new legislation Tuesday that will compel Internet service providers (ISPs) to report to law enforcement officials if they find or learn of child pornography on their networks.

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Date: Tue. Nov. 24 2009 8:23 PM ET

The Conservative government introduced new legislation Tuesday that will compel Internet Service Providers (ISPs) to report to law enforcement officials if they find or learn of child pornography on their networks.

Justice Minister Rob Nicholson told a news conference that the proposed legislation would require ISPs to report to a designated agency when they receive tips about websites where child pornography is available. They would also have to notify police if the ISP finds child pornography on their own networks, and keep the evidence.

"The creation and distribution of child pornography are appalling crimes in which children are brutalized over and over again," Nicholson said. "A mandatory reporting regime across Canada will improve law enforcement's ability to detect potential child pornography offences, help reduce the availability of online pornography, facilitate the rescue of victims and help identify and apprehend offenders."

Nicholson acknowledged that the production and possession of child pornography is already a crime in Canada, but he said the new legislation would close a loophole and make ISPs responsible for reporting pornographic material.

Individuals who do not comply with the new legislation could face fines of up to $1,000 for a first offence, $5,000 for a second offence, and $10,000 and/or six months in jail for third and subsequent offences.

A corporation that does not comply with its duties under the legislation would be subject to a graduated fine scheme of $10,000, $50,000 and $100,000.

"The worldwide web provides new and easier means for offenders to make, view and distribute child pornography, resulting in a significant increase, not only in the availability and volume of child pornography, but also in the level of violence perpetrated against children," Nicholson said.

Child rights advocates have long lobbied for such legislation. Canada is the world's second-largest home to online child pornography and the second-largest online seller of child pornography material, such as images, videos or memberships.

According to the Canadian Centre for Child protection, about half of all child pornography images feature children under the age of eight and nearly a third of those images feature serious sexual assaults.

Spokesperson Lianna McDonald praised the legislation, saying it would make it easier for law enforcement agencies to crack down on those who create and distribute child pornography.

"It's a very good day for Canada's children," McDonald said. "Children need adults to take responsibility and help protect them."

Ontario Provincial Police Commissioner Julian Fantino said the legislation will aid investigators in their battle against what he called "the vilest crime that can be committed against a child."

"Today's announcement is a very critical piece of added tools that we need in our kit to deal with the exponential growth, the explosion if you will, of the sexual exploitation of children using the Internet," Fantino said.

Comments are now closed for this story

zoat77
said
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Ummmmm.... I hate to tell you this, people, but...It's all about votes... They can pretend to be as moral as they want...but...IT IS ALL about votes!!!!!


jay, ottawa
said
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It really gets me fired up with this government makes announcements solely with the purpose of making their followers think they're doing something when they're not. Are people that easily duped? Meanwhile those of us who are serious about wanting to see something done here are left with nothing but rhetoric.How does this stop the crime? By the time pictures are floating around there's a victim! Where are the measures to stop the assault in the first place?!


From Halifax
said
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With all of the controversy, with all of the emotions that people feel, with all of this imagery that is now throughout the world, with all of that and much much more, no one has really asked the question. Why is it that this stuff even exists? It's not low life scum (although they really are!!) that view these images ! It's priests, doctors, lawyers, principals, factory workers, husbands, fathers, and thousands more!! And yet nobody is asking the real question----WHY?---


Ivan
said
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Sorry JRH from LA, it's not an either/or situation. If there aren't enough resources with the police, then that is what we should be investing. To pawn legal responsibilities onto private business is the wrong way to go. Given the choice of police investigating-convicting child pornographers vs ISP providers, I know which I prefer.


Dr. M
said
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I don't have a problem violating privacy to catch internet child porn users. But if some of the techical posters here are correct, this legislation may not do that for us. If that's the case, then the Conservatives are using an emotionally-charged issue to garner votes by duping ignorant people. That's the worst kind of demagoguery, and some of you people are lapping it up. Don't you ever want to think for yourselves? Aren't you tired of being played for fools? Give a "thumbs down" if the answer is no.


Jodie
said
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We need this - we need some heros to step up for our children. It is about time that we express strongly through our laws that this is unacceptable behaviour. There are real kids behind these images, this is not a game. Those who are more tech savvy: be an innovator and imagine some solutions that can be put in place to put an end to the horror show.


Ryan
said
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While I agree that child pornography is a demeening crime that goes so controversaly monitored, giving the government direct access to one's location and personal information via ISPs is absurd. Perhaps the government themselves should track down these people independantly by taging and watching the spread of these files. Also what if one's teenage son or daughter is downloading these files simply because they are interested in the sexuality of some one of their own age? Parents cannot reasonably monitor everything their child does on the internet. Not to mention the obvious invasion of a person's electronic privacy. Need I remind my fellow Canadians about Section 8 of the Charter of Rights? I think lurking one's location and electronic traffic constitutes unreasonable search. Let us, the people, decide what is reasonable.


Nov 24 comment
said
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This is actually a good piece of legislation. It is a start a good start. I pray that it works.Child pornography is the worst. As Canadians we all have to work to eliminate it.


Bradford.J
said
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Those who suggest you cannot monitor web traffic are wrong. The CIA, RCMP and others do it all day long. Anything and everything you do on the internet has a trail and that can be monitored.I don't think ISP's will have a problem with identifying the sickos dabbling in porn out there. They should be only too willing to shut down the entire porn industry which is destroying our society through kiddie porn, adolescent porn, marriages invaded and destroyed by porn etc... Porn is bad news period yet that bastion of all that is Canadian culture the CRTC allows porn in Canada. Amazing isnt it?...and they want to goose us $10 a month more? Do ya think maybe Canadians need to start paying attention and taking their country back from all the wingnuts the Liberals appointed to these posts?


Vickie
said
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I would like to think that an expert in tracking child porn has been contacted regarding how to find these creeps.From what i take of this it is now going to be easier to track IPs and not have to go through so much darn red tape to get back to the offender. Right now networks can refuse to disclose who the IP address belongs to. With this legislation I am hoping this is no longer the case.The fines are wayyyyyy too low. What is 1,000 to an internet network? NOTHINGGod Bless the Little Children


Rob
said
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DW, Sorry for your pain, and your Granddaughter's.I wish you could post his name and address, so all Canada would know where this creep of a man lives. Shameful.Good job PCs, chase down these perverts, actually, these slime...and send them away for a long, long time!!


mahanna ali
said
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as far as this sorely needed bill passing...very simple...attach the old confidence motion to it....let the opposition topple them (in the name of being ped. protecters which they will pay dearly for in the ensuing election)....and of course if they don't topple the conservative government then the bill passes.....


Frank Buchan
said
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As someone who does understand the construct of public networks, this will be hard/impossible to enforce today. But to deny the need for legislation smacks of ulterior motives, or a lack of foresight. At some point traffic shaping will become the normal on all networks, just out of necessity, and at that juncture deep packet analysis will end up happening regardless. Privacy, as we all know, is a fragile fallacy these days; and in any society there are reasons to sacrifice some measure of privacy. This, is one of those good reasons.As for the need of warrants, the justice system will enforce that regardless, so civil liberties will be protected via that mechanism.


JRH from LA
said
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With an issue as vile as this, I find it hard to believe that some people seem to worry more about whether someone can keep track of what they are looking at online than children being brutalized for the world to see.Ivan, the reason police with warrants would never work as well as the manditory reporting of internet providers is because the police do not have the man power! By adding obligations for the internet providers to report this stuff, more of these depraved people will be caught. In my mind, if you care more about web neutrality than stopping child porn, you need to re-examine your life.


Travis
said
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This debate is blowing my mind. Some thoughtful, technically savvy people are pointing out how useless the new legislation is and no one responds (good one you tech guys by the way). In addition, those who call the Harper Gov't on using this issue for political points are attacked - point your rage in the right direction my fellow citizens. The Harperites are playing politics and this time its in place of protecting children from a hell most of us will never know. And this isn't a "partisan" issue. I'm sure the Liberals would have *^#$ this up too.


Graeme
said
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Is this legislation for people hosting child porn or for people viewing it? Because for people viewing it, this seems like at best pure optics, at worse a huge invasion of privacy. I might change my mind if someone can explain to me exactly how an ISP, without actively monitoring everything you do, is supposed to know when someone views child porn? Images boil down to a series of bits (1s and 0s) going over the same port as the rest of web pages. There aren't many good ways to really detect what sort of image someone is viewing without reconstructing it and having someone look at it. If I could see some technical details instead of just political talk maybe I'd have a different opinion.


Wayne
said
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There appears to be alot of misinformation about this legislation, so I thought my perspective may help people make up their minds. I have been an Administrator for several Internet Service Providers and this issue has caused many headaches for me. I hate to say this but folks we need to deal with this and the ISP community needs to deal with this - the delays caused by wanting to play games like get a warrant and then wait for the company lawyer and other such non sense only result in the perverts managing to elude justice. This will upset a few out there, I know I used to be one of those that said let the information flow and it will work out in the end ... but you know what? It doesn't and the bad guys get worse and worse. So I hear and now stand up and say for one and all I that was wrong this legislation is a good start and will help to clean things up and believe me folks we need this if I told here some of what I have seen there are those who would not believe me!


Michael
said
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Liberal rule writes: "Another waste of taxpayers money. Harper and his cronies are making a mockery of the Constitution and the rights of Canadians TO ENJOY ARTISTIC EXPRESSION!!"You sir, are EVIL... if you think child porn is as you say "artistic expression" and your Liberal party supporters are as equally EVIL if they think the same as you.I will oppose you and what you represent till my dying breath and beyond. DISGUSTING. This is not the Canada the majority of Canadian I know want.


Michael
said
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NDP and Fiberals agree to stop child porn? Never! They lowered the consent laws.These are the same people who think the 10 Commandments are just suggestions. How sad.


Gord. Robson, Nova Scotia
said
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Those so called experts that are against this legislation should read ir over. Yes the largerservice providers are mostly already complying but the smaller service providers which are handling the porn. (providing service) now face LARGE fines if they do not provide the info that alot of them know about the offenders who are using their service. Yes this will work because when the smaller service provider receives a complaint they have to turn to notify the authorities because they do not want to get caught by the authorities testing their honesty and not passing the info on. This legislation will help and law abiding people should not oppose! Makes you kind of wonder why some are?


derek
said
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this is not a political issue so people need to stop turnung it into one this is why things never get done people take anything and find ways to support their party or bash the ones they oppose I dont like harpper but fully support this and not as a liberal but a human so for the kids drop the party colors and work together to support laws opposing child porn and work together to find out how to put an end once and for all... Canadians United together can get anything done.


Catwoman 37
said
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While your at it, reduce the child poverty rate!


darren
said
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The law is good, as long as it cannot be used to erode the constitutional rights of every Canadian. Can it be used to go into a person's bedroom and arrest conscenting adults from doing what conscenting adults do?I doubt the conservatives thought this law through. An I also like the comment that if this government was so worried about children, it would be part of the world climate change conference and stamping down on Canadian companies from destroying the environment. After all it is the kids that are going to inherit this mess, imaging having to go out with oxygen masks on, that is a lot of serious counselling our children are going to need. C'mon Mr. Harper don't be an ignoramous, Fix the environment.


Jack R
said
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How little most of you understand. You turn on your computers, but haven't a clue how the internet actually works. This isn't good. It means that every single piece of information on where you go, what you look at, if you download or upload is now accessible to certain resources. Including Canada's version of the RIAA, the CRIA. This is just an excuse to bypass the law that the courts have already decided on, and to give a back door way of snooping on everything you do. Do you really believe for a second that this will stop child porn? They'll just use VPN's and repository bulk file servers to trade this crap. It won't do anything to stop child porn, because it's not hosted anywhere. It's distributed in tiny amounts across thousands of households and servers. It just give an excuse for the police/RCMP/CSIS or the CRIA to snoop on what you look at whenever they want. You have no idea how the real world works.


Kris D.
said
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... And while we're helping Canada's children, maybe we should attend the Climate Conference like every other world leader is doing. Or perhaps we should start seriously talking about how to pay off this record setting debt that we're handing our children.Yes, let's think about the children.


Ian in Oshawa
said
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@ Liberals Rule (If you are indeed a liberal) Please understand that every party should be on board with this, I am and I fully support this bill. This is something that should not be for political points, this should be about protecting our children and making sure that those who prey on them are punished harder than they ever have been before. Please look at the issue before going partisan on it.


Carol Davies
said
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Congratulations and thank you to our government. I cannot think of anything more disgusting than adults viewing child porn or making it. This is a great violation of an innocent person, and leads to vile behaviour of those who find it entertaining.What is wrong with man? Protect our children and make those weirdos accountable.


John Smith
said
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This is another piece of legislation designed to appease the uneducated that don't realize that this is the government's ways of further reducing our right to privacy. ISPs are already obligated to report illegal child porn on their networks. This is just another step toward having the government monitor every aspect of our lives. Freedom and democracy are a joke to our over-powered under-educated "leaders".


jay, ottawa
said
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Jim Lad said "I am absolutely stunned. How can there possibly be opposing views on such an issue? Please read and understand the proposed legislation." It's not that people oppose the idea, it's that those with any technical knowledge can show that this is impossible. Imagine if the phone company was trying to listen to every phone call being made. That would be *simple* compared to what the government is implying will be done - the bad guys have the technology to get around all this. The technology is being used to commit these crimes, but the technology doesn't cause the crime. We have a behavioural problem that we're trying to solve with technology. That can't work. I don't have the answer, but these people need to sit down and come up with more innovative ways to combat this horrible crime. As it is now, it's just 'rah! rah! look at us!' optics and is insulting to the victims. They deserve better than shameless self-promotion.


DW
said
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Last week I sent a letter off to the new justice minister regarding this. My daughter's ex has been charged with this and is soon to be sentenced. We have been through hell the last 2 years. Fighting and trying to protect our grandaughter who lives with us.These perverts should not have any access to their children. I have a child protection order on her and he is trying to get it dropped so he can see her. When hell freezes over. I also told them to give longer sentences. If the law and the courts won't protect our most valuable citizen, then its time society stands up and says NO MORE! Protect our children who are society's future generation and the future of this country. I feel these guys and sex offenders should be casterated, but that is my opinion!


Liberals Rule
said
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Another waste of taxpaeyers money. Harper and his cronies are making a mockery of the Constitution and the rights of Canadians to enjoy artistic expression!Canada can do better, and Iggy has given notice that Harper's time is up! This bill won't pass, nor should it.


Jim Lad
said
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I am absolutely stunned. How can there possibly be opposing views on such an issue? Please read and understand the proposed legislation.


JayinStoon
said
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Jim - please learn how thre Internet works before making such partisan statements. An Internet Service Provider has NO WAY of monitoring individual's viewing or downloading of pornographic material of any kind.

To do this would require an enormous amount of expenditure in both infrastructure (to monitor and save ALL information), human resources (to look through everything saved and determine if it is legal or not), and legal changes (currently it is illegal to wiretap without a warrant). This legislation is doing NOTHING to protect children, other than to reaffirm laws that already exist. Once again, more partisan optics from our Conservative government.


simon
said
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""Child rights advocates have long lobbied for such legislation. Canada is the world's second-largest home to online child pornography and the second-largest online seller of child pornography material, such as images, videos or memberships.""Better late than Never!!Secondly, The fines should be Multiplied Tenfold, to start with!


Philip C. Wheaton
said
0 0

allan,Liberals/NDP & decency in the same sentence: that doesn't happen very often. Remember these are the same people that lowered consent to 14.


J from SK
said
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@ Allan: your partisan assumption is disgusting, you should be ashamed.While I dislike the erosion of personal privacy in this country, no one can argue the nobility and necessity of this legislation.


Dean
said
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There must be some way to delete all child porn and yet find out who put it on in the first place. The perpetrators of this crap should be put away for life because they have ultimately ruined the poor child's life. I think that they should also be put in with the general population in prison and labelled a child pornographer. Let's see what happens to them then. I think that's a fair trade.


jim from manitoba
said
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will the liberals and there ndp buddies support this bill, or will they protect the perverts ?


Internet Guru
said
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This legislation is not worth the paper it is printed on.This is more moronic optics from our moron of a Prime Minster. Internet Service Providers have almost no means of detecting child porn on their networks unless they begin monitoring traffic, which is illegal. Secondly, ISP's ALREADY report child porn when they become "aware" of it - however, their means to become aware of it are minimal.All an ISP is is a network - once an image has been downloaded to someone's computer, it does not exist on the network anymore. Now, if the ISP offers web HOSTING, that's a different matter - but this legislation is targeting ISP's, not web hosts.If these idiot MPs want some optics, the least they could do is get their technical information correct. No sane human being would be against anti-child porn legislation, but I would like to see effective legislation, not Conservative optics and brownie points with the public.


allan
said
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I hope the Liberals and NDP have the decency to at least read the anti-child porn legisliation before they vote against it.


ivan
said
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With a warrant, the police should have be able to access this information and arrest those involved. If the Conservatvies are using an issue like child abuse to revive their failed attempts to undermine net-neutrality, shame on them.


Portes
said
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Thank you Mr. Harper. Any child that is molested deserves to have the person that did it put away for good, no hope of parole etc. The inmates will deal with that person once they are behind bars. It is about time that we had a law like this, even if some peple will say it breeches their right of expression and whatever else. I am sorry but anyone who can hurt a child needs to pay the price and the full price


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