Tag: social-media

November 2, 2025

In response to the October 30, 2025 post from MediaPolicy.ca, I have some ideas on how Canada could proceed with accomplishing the objectives behind S-209, “An Act to restrict young persons’ online access to pornographic material”, while respecting user privacy and dramatically reducing the chances of a data breach.

Who am I? I’m a Java software developer with over 25 years of experience not only paid to write code, but participate design software solutions, assess requirements, work with product managers, and occasionally lead times. As part of our profession, we’re expected to proactively address potential security vulnerabilities, such as upgrading software libraries before they become outdated, and thus, more likely to be vulnerable.

Prologue:

First of all, I have no fundamental objections to restricting internet porn from minors via an age verification scheme that guarantees anonymity.

My issues with S-209 are how it captures many sites and services that are not primarily for porn, and how it risks violating user security and privacy, especially for those not seeking porn, by storing their age (and possibly identity) proofs on the internet, where they could be breached.

Maximizing Privacy and Limiting Data Breaches:

Any age verification scheme ought to maintain biometric data used as an input exclusively on the client device.

By client device I mean the phone, table, or PC used to access the internet, but on no server on the internet itself. In turn, this client-side software sends proof of the user’s age, in a way that can be authenticated as legitimate, to the site in question. This means no server on the internet would have the biometric data, such as a face scan or government ID.

This doesn’t eliminate risk, but since each piece of user-identifiable data is on one client device at a time, it means a far lesser incentive for bad actors to try to steal such data. That is, it’s far more work for far less benefit than targeting a single server.

Lower Compliance Costs for Sites Hosting Porn:

Any site that’s captured by this law would still have compliance costs, but would be much lower than what is currently proposed under S-209.

The client device vendors (Google, Apple, Samsung, etc) would be responsible for implementing this scheme. They’d be tasked with providing software for the sites in question, and those sites would simply have to install and configure this software in order to complete the verification process.

Blast radius of the law:

In addition, I propose there be clear guidelines for a site to opt out of being captured by this law.

Part of the controversy of S-210 and its current iteration S-209 is the number of sites captured by the statute. This would have included search engines and social media sites, which are light years away from primarily hosting porn but on which porn is hosted to a small degree.

In my opinion, the proposal to exempt search engines is insufficient, since many people including myself largely use AI instead of Google/Bing/DuckDuckGo searches. Also, social media has a whole series of non-porn uses. I believe the vast majority of AI and social media users are not interested in porn, at least, not while using those vehicles.

So what I propose is a way for any site, such as with news under the Online News Act Bill C-18, to opt out of this law by meeting guidelines to not expose porn at all to the users of those sites.

I admit to not having fully considered the mechanisms under which this would, but likely it would involve AI scanning for pornographic images and text. Obviously, it wouldn’t be 100% bulletproof, so sites would have to merely prove a good faith effort to accomplish this. Such sites could then offer premium versions, which would be captured by age verification mandates.

Furthermore, many computing devices are “headless” and quite simply can’t comply with an age verification scheme to access the internet. Among these devices are servers like NAS’s, which must access the internet for updates. There are also minitower PCs, which don’t come with cameras.

Final thoughts:

Many users have zero interest in porn, but are very adamant about accessing the internet anonymously, and are understandably wary of data breaches given the Discord experience in the UK.

Furthermore, many minors have a long list of legitimate reasons to access the internet, AI, and social media while having no interest in porn.

Why risk blocking non-porn seeking minors from accessing the internet, or make it harder for non-porn seeking adults to access the internet?

According to many polls, Canadians are wary of digital ID schemes. On the other hand, many are also rightfully concerned about minors accessing pornography.

The solutions to the stated objectors to the framers of S-209 is a client-based age authentication scheme that maintains biometrics and other age proofs on the client device, and off servers.

It also involves allowing any general site to make porn unavailable to the vast majority of its users and thus opt out of being captured by new porn-gating mandates.

Luke deGruchy, Cornwall, ON

Image by Open AI

October 16, 2025

Senator Julie Miville-Dechêne’s age verification bill for pornography is back in the Parliamentary pipeline.

The Senate’s legal and constitutional affairs committee has already held four days of hearings on Bill S-209 with two more days scheduled next week.

Earlier this summer, MediaPolicy interviewed bill sponsor Miville-Dechêne about the legislation aimed at protecting children from the harmful pornography that is widely available on the web, both on porn websites and social media apps.

In the video below, Lord James Bethell, a British Parliamentarian who pushed through similar legislation in the United Kingdom this summer, had this to say to Canadian senators about the impact of porn on the “plasticity” of young minds:

The lightning rod for critics of the bill is the introduction of age verification into regulation of the Internet.

In the Senate hearings, fears about data breaches and leaks, increasingly remote as technology improves, have consumed most of the oxygen in the room.

But the bill seems likely to get through Parliament, eventually. So representatives of the porn sites want Canada to follow California and shift the legal responsibility for age verification from porn websites to the phones, tablets and laptops pre-installed with operating systems sold by Google, Apple and Microsoft.

The device-centred approach emphasizes parental responsibility for setting up devices to send “adult-only” or “child-access” signals to app developers who still have to obey the signal but otherwise are off the hook for age verification, as are porn sites and social media platforms.

That’s a better system of age verification, say the Canadian-based porn providers, because it only has to regulate a few tech giants instead of a constellation of porn sites, especially the offshore sites that are likely to defy the law and force the government to chase them from one website address to another with site-blocking orders.

Another key issue is whether the bill will apply to social media platforms. As written, the legislation only excludes its application to search engines.

According to Miville-Dechêne, the bill can apply to social media companies. Elon Musk’s X is reputed to be the largest conduit of pornography to children, surpassing porn sites. But the text of the bill leaves the decision to cover social media services to the federal government or its regulator.

Miville-Dechêne says she’s content to defer to a regulator on that point as her age verification bill will have to mesh with the government’s online harms bill, should it decide to revive Bill C-63.

As the hearings progress, the elephant in the room is the Liberal government’s opposition to S-209.

Miville-Dechêne’s old bill passed the Senate and second reading in the House of Commons during the 44th Parliament with majority support before dying on the order table at election time. Barring a swing in the strong popular support for legislation, the bill seems likely to keep the votes of Conservative, NDP and Bloc MPs once resubmitted to the House of Commons.

The only question is whether the Carney government maintains the barge-pole distance from the bill that the previous Liberal administration kept. Former PM Justin Trudeau criticized the Senator’s bill as likely to push pornography-seeking children to the dark web and Liberal MPs voted against it in the House.

Alas, the Carney cabinet observed Parliamentary convention by not appearing at the recent senate committee hearings on the bill. Instead, heritage Minister Steven Guilbeault sent mid-level civil servant Amy Awad, his subject expert on digital regulation.

Awad handled the Senators’ questions adroitly and advanced the idea that the Liberals’ much broader Online Harms Act Bill C-63 —-which also died on the Commons order table earlier this year— could have addressed the same policy goal of making porn sites responsible for age verification through third party service providers. 

Those of you familiar with Online Harms bill might wonder where she finds that in the text of C-63. Answer: it isn’t there, at least not explicitly

Nevertheless, Awad argued that the concept of age verification was not inconsistent with the self-designed safety codes that C-63 would have required from the digital platforms and that the proposed Digital Safety Commission might have ordered age verification.

The decorously unasked question of Awad was “where is Bill C-63 now?” A candid answer would have been “bolted to the back burner while we deal with Trump.”

This sets up a scenario in which Miville-Dechêne’s Senate bill gets back to the House of Commons in 2026 and forces the hand of the government on Bill C-63.

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This blog post is copyrighted by Howard Law, all rights reserved. 2025.

August 16, 2025

Senatrice Julie Miville-Dechêne does not give up easily.

The senator appointed by Justin Trudeau in 2018 is now engaged in her third try to get the pornography-regulating Bill S-209 passed through Parliament before it gets killed off by another election call. Her previous bills died that way: S-203 by the 2021 election and S-210 by the 2025 election. Both times, her Bill passed the Senate but got a frosty reception from the governing Liberals.

Described in MediaPolicy’s post earlier this week, Bill S-209 would introduce age verification technology to force pornography websites to screen out children under 18 years of age so that impressionable kids don’t view, and internalize, violent sexual behaviour. Adult access to pornography remains uncontested.

The issue of children viewing porn is definitely down her feminist alley as the former head of Québec’s Council on the Status of Women, but the Senator works hard and champions many underdog and progressive causes.

In 2022 she and fellow Senator Paula Simons fought relentlessly (but ultimately not successfully) to carve out Canadian YouTubers from the scope of the Online Streaming Act. In vindication, the CRTC later agreed with them and exempted YouTube videos from broadcasting regulation for the foreseeable future.

In 2023 Miville-Dechêne initiated legislation in the Senate that requires Canadian governments and large companies to report on their global supply chains so that the federal government can enforce prohibitions against imports of goods manufactured by forced and child labour. The Liberals played ball on that one and it was sponsored in the House by Toronto MP John McKay and it passed with broad support.

Her pornography bill has already stirred the Kraken of a regulation-free Internet, so if S-209 does make it to a House of Commons Committee in the next few months, expect some debate, especially about age verification technology that could also be used to stop children from opening social media accounts, were the federal government to consider legislating that.

MediaPolicy asked Miville-Dechêne about the long and uncompleted journey of “An Act to restrict young persons’ online access to pornographic material.”

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Media Policy: It’s a little unusual for a bill to have the support of the Senate and the opposition parties, but not the government. What can you say about any discussions you have had with the Justice Minister?

Julie Miville-Dechêne: Not much, I had a confidential discussion very late in the game [in 2024] with [former] minister Virani. But let me say that in general, my conversations with Liberals were mind boggling. 

I don’t think they knew what pornographic sites have become, hardcore and violent, so our conversation was difficult. It’s not ‘70s era erotica, a form of sexual liberation. They brought up the importance for young people searching for their identity or sexual orientation to have free access to porn sites, as if seeing violent stuff was the path to sexual identity. 

There’s a whole generation at risk, we need to get something done. Studies show a correlation between viewing and harm. Kids think this is what sex is all about. The British Commissioner for children did surveys and found that 47% of youth aged 16 to 21 stated that girls expect sex to involve choking.

MP: So the former Prime Minister didn’t see it that way?

JMD: In talking to media in 2024 he called S-210 a Conservative Bill which would do shady things with personal data. It was easier I suppose than to state that the sponsor was a feminist, an independent senator. The Trudeau government never proposed any improvement to the Bill as they do with private member bills that they like. On the other hand, there was support for the Bill from all the other political parties, not just the Conservatives, but the Bloc and the NDP as well.

MP: What was it about the government’s own online harms Bill C-63 that you thought did not adequately address underage access to hardcore porn?

JMD: I was very disappointed. Nowhere in their Bill did it say that, to minimize harms to minors, age verification or age estimation is expected. Nowhere. There was only an indication that digital operators must adopt “age-appropriate design” for their services. That’s not specific enough. In the UK’s Online Safety Act, social media platforms and large search engines must also prevent children from accessing pornography and material that promotes or encourages suicide, self-harm and eating disorders. This has to be kept off children’s feeds entirely. By comparison, the Liberal Bill C-63 was vague and weak. 

MP: An important practical consideration for your bill seems to be the effectiveness of age verification and estimation technology. The most recent technology doesn’t require personal information or facial recognition but claims to be able to use videos of human hand movements. Privacy lawyer David Fraser dismisses age estimation as “magic fairy dust technology.” What is the current state of the age verification/estimation technology as you understand it?

JMD: It’s obviously improving fast. I did rely on the expert on privacy matters, Privacy Commissioner Phillipe Dufresne. Because I introduced two similar bills on age verification since 2020, M. Dufresne took it upon himself to research the matter and speak with his counterparts in other countries. He testified on my Bill before the House of Commons Committee and proposed stronger safeguards

I took his advice and I rewrote section 12 of the new Bill S-209 where Parliament instructs the government on what standards it should enforce for age verification technology. The bill says that government can only approve a verification method that is “highly effective,” operated by a third party and not the pornographers themselves, collects solely personal information strictly necessary for age estimation purposes, and requires the destruction of the data once age verification is completed.

We are not re-inventing the wheel here.  Germany has been verifying age for a decade on national porn sites and it’s working fine. Around twenty US states are doing age verification. Also, age verification is already happening in Canada when gambling, buying alcohol or cannabis over the Internet. 

Age assurance technology is getting better. I have added age estimation to age verification in the bill because facial age estimation is now more precise, two years plus or minus, and there are also other emerging technologies like estimation of age through hand scanning which is said to be 98% accurate. No identity card is needed. 

As you know, the UK started age verification and age estimation on July 25th of this year and are engaged in five million new age checks. Opponents are claiming it is a disaster because a few sites were blocked without reasons. I would argue that tech platforms are the ones who have to adjust themselves to block only what is in the law. Some might say they are acting upon an interest in the law not working.

MP: Let’s say the technology is not here yet but reasonably close to happening, does this mean the government might not implement this law until cabinet is satisfied with the technology?

JMD: I would say at this point it is more a question of transparency than technology, in the sense that the public should know what government will ask age verifiers to do in terms of privacy before authorizing them to check the age of Canadians. Right now, the bill says it must be implemented in a year after Royal Assent, but I expect that will be discussed in the House review of the Bill.

But Europe and countries like France, Spain and the UK are already in the process of implementing age assurance, why should we be the only country to think the technology is not ready? I think this debate should be put in the context of protecting children as soon as possible, because harm is being done now. 

In Canada, on this issue I have support from feminists, Christian groups and worried parents. It goes beyond left-right I think.

MP: Seems so. A Leger poll conducted last year says that public support for your bill is high. But that support might change if administrative overreach ends up including something as mainstream as hot sex scenes on Netflix or HBO. Is the definition of pornography in the bill —“dominant characteristic,” “sexual purpose”— too broad? 

JMD: I don’t think it’s that broad. Depiction for a sexual purpose of a person’s genital organs or anal region and breasts must be the dominant characteristic of the film or video. It’s the same elsewhere. In the UK, pornographic material is defined as ‘primarily intended for sexual arousal’. But for movies or series on Netflix, we also have the “legitimate purpose” exemption in section 7 (2) which states that no offense will occur if there is a legitimate purpose related to arts, education, science, or medicine. Movies and television series are generally considered a form of art. 

MP: Okay, but I was just watching an HBO show —I would definitely not consider it pornographic in any way—that had a teen aged sex scene, body parts under clothes, and they acted out a spin-the-bottle sex game where the girl choked the boy as he masturbated. Is that “pornography” or is it exempted as “artistic” erotica?

JMD: I don’t think a single scene meets the test of ‘dominant characteristic.’An expert scholar Janine Benedet wrote a brief to the House committee hearing on S-210 that stated: The scaremongering that accompanies any attempt to define pornography in legislation is depressingly familiar. I have over the years heard predictions that any legal interventions in this area would result in the “banning” of works such as Lolita, American Psycho, Fifty Shades of Grey, and now Game of Thrones.

MP: The US Supreme Court just ruled 6-3 in favour of a Texas age verification law not unlike S-209. Even the dissent was limited to the “level of constitutional scrutiny,” meaning how much of an intrusion on free expression or privacy is too much. If that means age verification laws take hold in the US, one will think that it will here too?

JMD: It’s interesting question, because historically, the American courts have upheld the 1^st Amendment of their Constitution, the freedom of expression, more strongly than in Canada.  

So, the latest decision, last June was an important one: the Texas government had a legitimate interest in preventing minors’ access to porn and the law is appropriately tailored because it permits age verification of users through established methods.

Opponents of age verification will point to the fact that the US Supreme Court is now controlled by a majority of conservatives. True, but in first instance, it was a conservative trial judge who blocked the Texas Law, and in appeal court, the conservative justices were divided for and against age verification. So, it is an oversimplification to say that this is only a conservative issue. 

MP: I believe US Supreme Court Justice Alito observed that 15-year-olds are far more tech savvy than their parents?

JMD: He’s right on this. So, you can imagine I was flabbergasted to hear technology expert Michael Geist in a Senate committee stating the responsibility of protecting children from porn with parental controls is solely with parents, like him, not with public authorities.  Professor Geist stated: I believed then and believe now that addressing the issue is my responsibility, which includes education, frank conversations and an assessment of whether to use internal blocking tools or filters.

Obviously, not all parents are as knowledgeable as Professor Geist, and this is why the State has long imposed age verification in stores selling alcohol and cigarettes.

MP: Many US states and the UK are looking at age verification for viewing all social media content, not just pornography. What’s your view of that issue?

JMD: There are pressure and policy being brought forward in Australia and France to restrict social media for children and permit only teenagers of a certain age. So yes, it is a trend, not only pushed by the conservatives. I’m still reflecting on the issue. I find it is more complicated than age verification to limit exposure to porn because social media is also a form of socialization for kids. But addiction to social media exists, harm exists, so it is not an easy proposal. A Québec commission recently recommended restricting social media to 14 years and over. 

MP: David Fraser is on YouTube describing you personally as “oblivious” to freedom of expression concerns and that supporters of your legislation are “finger waggers and pearl clutchers.” What’s your view of the freedom of expression and privacy interests raised by this kind of regulation?

JMD: I’m not a puritan if this is what he means, far from it. I’m a feminist and I was a public proponent of strong sexual education when I was head of Quebec’s Council on the Status of Women.

I’m a strong believer in freedom of expression. I was a journalist for 25 years, and then the ombud for news and current affairs at Radio Canada, so I have reflected and written on these questions. I don’t believe an age verification for porn sites which takes seconds unduly limits the freedom of expression of adults. It’s a very limited restriction. Adults can still access the sites. Asking an adult to identify themselves in a sex shop has never been seen as a limit to his freedom of expression. I also think no right is absolute. Here, we have to balance the inconvenience of proving you are an adult with protecting all children from harm. 

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This blog post is copyrighted by Howard Law, all rights reserved. 2025.