Toronto Star

Ottawa must act quickly on porn sites

Government should ramp up efforts to protect the rights of exploited child victims

- DANIEL TSAI CONTRIBUTO­R

In a column in the New York Times, Pulitzer Prize-winner Nicholas Kristof delivers a devastatin­g critique of porn search engine Pornhub. In it, Kristof noted recordings of assaults on women and minors, including a 14-year-old, some where the victims were unconsciou­s.

Pornhub vehemently denies Kristof’s allegation­s, stating that it has “zero tolerance for CSAM (child sex abuse material).”

Kristof pointedly singled out for criticism Prime Minister Justin Trudeau (who has trumpeted his “feminist” credential­s) for his inaction, asking why Canada had not done anything to regulate and restrict the activities of sites such as Pornhub, given that its principals, both of whom are Canadians, as well as its headquarte­rs, are based in Canada.

The shocking lack of regulation in this country of porn sites such as Pornhub brings to light the failed, laissez-faire approach to oversight of the darkest and most evil recesses of the internet where material such as child sex abuse can be found.

The time is now for Canada and other countries such as the U.S. to implement coherent and aggressive measures to combat child sex abuse material by im

plementing an extensive range of measures used in other industries.

This includes aggressive­ly adopting the “gatekeeper” approach of placing a strong legal and ethical responsibi­lity on financial intermedia­ries to know (and not turn a blind eye to) the activities of their clients.

For instance, in banking, there are already rigorous anti-money laundering (AML) and “know-your-client regulation­s” that directly place the legal onus on financial institutio­ns (FIs), with the purpose of dissuading them from helping their clients engage in any potential criminal activity.

These reporting and recordkeep­ing requiremen­ts on financial institutio­ns require them to keep reports on their clients’ financial dealings, ownership structure and transactio­ns. For instance, if clients fail to disclose necessary ownership identifica­tion informatio­n, these financial institutio­ns cannot do business with them.

Kristof detailed the private ownership structure of Pornhub, one of almost 100 porn sites owned by MindGeek, an influentia­l internet conglomera­te that is headquarte­red in Montreal and has offices in Dublin, London, Hamburg, Bucharest, Nicosia, Los Angeles, Miami and San Diego.

For businesses engaged in the online porn industry — where their computer servers, offices, directors, revenues and tax obligation­s can be simply shifted offshore, where there may be no regulation or oversight — it is even more imperative that financial institutio­ns treat their clients in porn industries with additional scrutiny given the potential for activity around and exploitati­on of child sex abuse material.

Other financial institutio­ns include wire-transfer services and payment processors such as Visa, Interac or PayPal, which should fall under a “gatekeeper” regime regulating monetary intermedia­ries.

More importantl­y, financial

institutio­ns should adopt a voluntary industry-wide code of ethics, meaning they will simply not do business with businesses where child sex abuse material is endemic or its regulation is ineffectiv­e. American Express, for example, already refuses to accept payment on digital adult content sites as part of its global policy.

And MasterCard, in response to heightened scrutiny of Pornhub in the Times’ report, recently announced it will no longer allow its cards to be used on Pornhub, after an investigat­ion found what it calls illegal material on the site.

Shareholde­rs and consumers can also revolt and make their voices heard so action is taken.

If the money supply from this source (and FIs) becomes scarce, these businesses have no incentive to allow these activities on their platforms to occur.

The 14-year-old victim, who is now 19, described her life as ut

terly ruined by her appearance on Pornhub, despite making several attempts to turn her life around. The Times’ report alleged MindGeek’s weak moderation and oversight of Pornhub and ability to download and reupload deleted porn videos took away any chance for this victim to rebuild her life.

In response to the public outcry and the likely heightened scrutiny by law enforcemen­t authoritie­s, MindGeek announced new measures on Dec. 8 that Pornhub will no longer enable its users to download content unless they are “paid users” under its “model program,” and that only verified users in the model program may upload content.

That’s simply not good enough. If the moderation does not operate on a “notice and takedown” basis, where offensive content is flagged and immediatel­y taken down, any users can still take screen grabs and videos of controvers­ial or

unmoderate­d content using legitimate third-party software to upload that offensive content elsewhere.

As well, despite these announced measures, they fail to deal with the seriousnes­s of an entire exploitati­ve industry and other sites where CSAM can go undergroun­d to the Dark Web, or sites in jurisdicti­ons without effective law enforcemen­t or laws.

This victim attempted to end her life. To have a child’s life thrown into a spiral of despair because of commercial exploitati­on and an alleged failed oversight mechanism, makes it urgent for Canada and other countries like the U.S. to implement a comprehens­ive and statutory “right to be forgotten” for the victims.

Canada’s courts have moved to recognizin­g this right, albeit with mixed results. The Supreme Court of Canada ruled in “Equustek” that a Canadian court can provide a takedown order requiring Google to remove (or delist) specified content from its online search lists.

While Google had refused to remove the content in this case, a U.S. court allowed it to still remain in the U.S. as a matter of “free speech” and American sovereignt­y.

Companies such as Google have a financial incentive to fight the removal of content on their lists as the proliferat­ion of content drives user traffic, views and advertisin­g revenues. (Sadly, Kristof noted that Google returned 920 million videos when the words “young porn” was used.)

In the European Union since 2014, the right to be forgotten also means the “right to erasure,” which allows users the right to have search engine links to sensitive content about themselves to be deleted.

This measure is long overdue in Canada.

The right to erasure should apply to users that file complaints directly to sites such as Pornhub that they must take down content and ensure it does not return.

If these sites should fail to erase content when requested, they deserve no legal protection under net neutrality rules, including in Canada or the U.S., including under s. 230 of the U.S. Communicat­ions Decency Act.

Finally, transparen­cy is ultimately key. People’s behaviours change when they feel anonymous and unaccounta­ble. It is time for Canada to require all users of such sites to declare who they are if they wish to upload content, so they may become accountabl­e for child sex abuse material.

 ?? DREAMSTIME ?? The shocking lack of regulation of porn sites in this country brings to light the failed, laissez-faire approach to oversight of the darkest and most evil recesses of the internet, Daniel Tsai writes.
DREAMSTIME The shocking lack of regulation of porn sites in this country brings to light the failed, laissez-faire approach to oversight of the darkest and most evil recesses of the internet, Daniel Tsai writes.
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