Stopping online piracy is not censorship

The Canadian Radio-television and Telecommunications Commission (CRTC) is considering a proposal to block Canadians from accessing websites that “blatantly, overwhelming, or structurally engage in piracy.” The proposal expands on successful efforts in other countries to address the growing problem of online piracy, while imposing extraordinary safeguards to protect users’ digital rights. In short, it is a balanced and pragmatic attempt to address online piracy that has garnered support from a diverse group of stakeholders, including broadcasters, distributors, media companies, internet service providers (ISPs), and artists in the film, TV, and music industries. Yet for some of the most extreme digital activists, any attempt at addressing copyright infringement, is a step too far. The proposal before the CRTC would create an anti-piracy nonprofit called the Internet Piracy Review Agency (IPRA). The IPRA would identify websites that egregiously peddle pirated content and, upon their recommendations, the CRTC would work with ISPs to block subscribers’ access to those websites. This approach has already been tested in many other countries, and Canada is not the first to block unlawful content. At least 25 countries—including Argentina, Belgium, France, and the United Kingdom—have created systems to block piracy websites. Some of these systems are administered by governmental agencies, like the CRTC, while others are administered by courts. Not only do these countries still have a free and open internet, but these policies have effectively driven users away from illegal websites. However, a few internet activists insist this proposal is "sweeping internet censorship." For example, University of Ottawa professor Michael Geist warned that the proposal is “enormously problematic,” “raises serious due-process concerns,” and threatens to “gradually expand into demands for blocking of a wide range of other content.” But there is no substance to back up these assertions. The proposal outlines a process with extensive checks and balances that would only take down sites egregiously engaged in copyright infringement. No serious reading of this proposal would suggest that sites that have minor copyright violations would get caught up in takedown efforts. Furthermore, any website blocked in this way would be able to appeal the decision with the IPRA and, if that fails, have access to judicial review by the Federal Court of Appeal. This process minimizes the possibility that any legitimate sites would be blocked. The advocacy group OpenMedia started an online petition to stop the measure, falsely claiming that the proposal would lead to the end of net neutrality in Canada. However, net neutrality was never designed as a defence against distributing unlawful content. It is absurd to suggest that, for example, if an ISP blocks a website that distributes child pornography it would somehow violate net neutrality principles. Websites focused on distributing illegal content are no different. Moreover, if enacted, the CRTC would make the decisions about what sites ISPs block, allowing ISPs to remain neutral in how they treat internet traffic. Brenda McPhail of the Canadian Civil Liberties Association, argues that the proposal is unnecessary because copyright holders can go to court and get a takedown order—an impractical solution given that many of the most widely accessed pirate sites are hosted abroad and the time and expense of doing so for domestic sites is disproportionately high compared to the low cost of moving a website to a new domain. Most of these critics ignore the magnitude of the piracy problem in Canada. Canadians contribute to three per cent of total global piracy, visiting piracy websites roughly 1.9 billion times in 2016. These sites often expose users to online threats: one in three piracy sites exposes visitors to malware. Moreover, seven per cent or over one million Canadian households own streaming media boxes enabled with software designed to allow users to stream pirated content. Cultural industries—which contribute over $54.6-billion and over 150,000 jobs to the Canadian economy—may already be feeling the effects of rampant piracy. Data from the CRTC shows that between 2012 and 2016, subscriptions for cable and satellite TV declined as Canadians turned to online streaming services—both legal and illegal—resulting in plummeting revenues. The CRTC is currently reviewing the IPRA proposal and accepting comments on it. During this process, the agency should investigate how this approach has been successfully used in other countries and move swiftly to adopt similar measures to protect Canadian consumers, content makers, and distributors. Daniel Castro (@castrotech) is vice president at the Washington-based Information Technology and Innovation Foundation and director of its Center for Data Innovation. Alan McQuinn (@AlanMcQuinn) is a research analyst at the Information Technology and Innovation Foundation. The Hill Times

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Stopping online piracy is not censorship

A new proposal to block Canadians from accessing websites that engage in piracy, while imposing safeguards to protect users’ digital rights, is balanced and pragmatic.

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