Complaint Filed Against Quebec Website Blocking Bill

So far there were babel of voices speaking against Bill 74 of Quebec, which proposes to order Internet Service Providers (ISPs) to block blacklisted offshore online casinos and other gambling sites. But now a concrete salvo has been fired by the Public Interest Advocacy Centre group (PIAC). The PIAC, a Canadian Action group, has filed a complaint with the Canadian Radio Television and Telecommunications Commission (CRTC), which is the watchdog for the telecom industry. The PIAC is a non-profit registered organization involved with consumer protection.

Though Bill 74 has been passed the Quebec government has not yet issued the web site blocking orders. An official list of offending sites is being compiled and it has been reported that this could take up to 18 months. Meanwhile, the ISPs may be compelled to starting the preparatory work of putting systems in place and hiring and training staff for this purpose. The PIAC feels that it is better if the matter is resolved before such costs are incurred.

In its complaint the PIAC wants the law to be declared unlawful and unconstitutional and wants the ISP blocking to be removed. The detailed complaint begins with the allegation that Bill 74 encroaches on the federal government's jurisdiction over telecommunications, is inconsistent with the past CRTC decisions on website blocking under the Telecommunications Act and threatens constitutionally guaranteed free speech. The complaint also asks the CRTC to deny any application made by any ISP seeking to put web site blocking mechanism in place. The PIAC pleads that the CRTC should in fact be proactive and issue an interim injunction preventing ISPs from blocking online gambling sites, or from taking any steps precedent to such action. PIAC has warned that the costs associated with web site blocking will be substantial and will be passed on to the normal customers of the ISPs either directly as rate increases or indirectly through reductions in service and/or network performance.

Geoffrey White, a lawyer for PIAC pointed out that if the province of Quebec is found legally competent to order ISPs to block offshore online gambling websites, then it paves the way for other content to be added to the list of what is not acceptable to the provincial government. It would also give the green signal to other provincial governments to block such competition out. White said, “Given how vital the Internet is to preserving and promoting human rights, including free speech, one province's foray into ISP regulation could result in the steepest of slippery slopes.”

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