Adult video streaming site, Pornhub, has suggested that it could block Canada over Bill S-210 should it put user safety in jeopardy.
Bill S-210 is an unconstitutional mess. It censors otherwise lawful speech and demands that websites of all shapes and sizes collect troves of highly sensitive personal information less they risk getting fined $250,000 for the first offence and $500,000 for each subsequent offence. That personal information has no real legal protection beyond the bill asking, pretty please, don’t be naughty with that personal information or else we will be very cross with you – as if shadowy data brokers actually give a flying fuck about that sort of thing in the first place when they are in the business of profiting off of said data in the first place.
These are some of the many findings I had when I analyzed the legislation. Since I wrote that analysis, other experts have come forward and shared similar conclusions of what an unconstitutional mess this legislation is. This includes OpenMedia, David Fraser, and Emily Laidlaw. So, you don’t even have to take my word for it. Experts have already agreed that this is a badly written bill in the first place.
While the consensus is growing that this is an awful piece of legislation aimed at implementing mass internet censorship, some might wonder if adult websites – even the large ones – would actually implement the mythical age verification technology. How are they reacting to this piece of legislation. Recently, we got our answer. Pornhub, which is described as the largest adult video streaming website, has said that they will try and work with lawmakers, but if the legislation ultimately puts its users safety in jeopardy (which there is a very good shot that it will), then they would simply choose to block Canada entirely instead.
Indeed, here we go again.
During the Bill C-18 debates, advocates for the legislation insisted that Meta blocking news links was just a “bluff” and they would never do that. Yeah, that ended badly after Meta blocked news links – exactly what they had long warned they would do. The lasting legacy so far of the demise of the now called Online News Act is the federal government bailing out the sector, lobbyists begging provinces for even more bailout money, and a law that is being held up to the rest of the world as a shining example of what not to do – especially after the government folded to Google after it realized it was about to deep six the entire news sector should Google carry through with its plans.
Now, in response to the mess that is Bill S-210, Pornhub could take things a step further and outright block Canadians altogether. From Daily Hive:
In a statement to Daily Hive, Aylo — Pornhub’s parent company — said its top priority is to prevent children from accessing inappropriate content.
“We have no interest in minors accessing content intended for adults. We want to ensure the safety of children online, and we all have a responsibility in this,” said a spokesperson.
Aylo noted that it is willing to work with governments and industry to create “clear, enforceable, and effective device-level age verification.
However, it noted if a jurisdiction chooses to implement laws and regulations “that put user safety in jeopardy, are implemented inequitably, or do not effectively protect children from age-inappropriate material online, the safest decision for the public is to pull our platforms from those jurisdictions.”
Aylo argued that age verification regulations implemented around the world have been ineffective so far.
“In US states where we have introduced age verification or removed access to our platform, we have seen a surge in searches for other, often unregulated adult sites with no trust and safety or moderation processes,” stated the company, adding that users can find ways to torrent illegal sites that do not ask for age verification.
Indeed, several states have implemented so-called “save the children” bills which ended badly. So far, the website has blocked Virginia, Mississippi, Arkansas, Utah, Montana, and North Carolina. As a result, millions have been blocked from accessing the website directly, compelling users to either use VPNs or TOR or simply access less regulated websites.
So, already, there is a long history of Pornhub blocking whole states when they pass really badly thought out “save the children” laws. Canada is unlikely to fare that much better in the grand scheme of things.
All of this really punches a massive hole into anyone contemplating a theory of how PornHub would never leave Canada. Ultimately, the large website can and will do so if they conclude that the legislation is simply unworkable. As a result, it will mean one more massive platform is dropping services in Canada because the laws being put forward are completely ridiculous. Should that happen, it would ultimately establish a pattern within the Canadian government to keep passing laws that compel business to pack up and leave the country. Whether it’s partial services or whole services that exit the country, innovation and investment is increasingly not wanting to stick around a backwards nation like Canada. After all, several platforms are already considering the idea of leaving Canada over the Online Streaming Act.
Either way, Canada is increasingly establishing a reputation of being unable to handle the innovation and investment that comes with the internet in general. Instead, the government has actively shunned anything related to the internet and is growing increasingly hostile towards innovation and investment – especially from the online space. If it puts Canadian lives in danger, the government views this as a small price to pay to try and turn back the hands of time. While some might think that Pornhub leaving the country isn’t that big of a deal, the problem is that this is part of a much larger trend that goes far beyond adult material. All if this leaves Canadians paying the price of governmental incompetence.
Drew Wilson on Twitter: @icecube85 and Facebook.
