I have been taking some time to consider (and reconsider) my views on legislation to deal with online harms.

Last week, I had the pleasure of joining MP Anthony Housefather (Liberal – Mount Royal) in participating in an online event entitled “Exposing Antisemitism: Online Research in the Fight Against Jew Hatred”. My presentation looked at “Encountering and Countering Hate”.

I took the attendees through my experience over the past two years of dealing with the online presence of Laith Marouf, a subject that has been canvassed here frequently over that period.

As I described to the webinar attendees, it is important to distinguish between “hate” and what is “merely offensive”. In my view, we may not like encountering offensive content, but that doesn’t mean there should be legal restrictions on it. My readers have seen me frequently refer to Michael Douglas’ address in Aaron Sorkin’s “The American President”.

That said, Mr. Housefather argued that we should examine the algorithms that seem to amplify those messages that elicit visceral emotions and thereby get shared and forwarded by those readers who agree, as well as those who oppose.

Aviva Klompas and John Donohoe wrote “The Wages of Online Antisemitism” in Newsweek last week.

The old saying goes, sticks and stones may break my bones, but words will never hurt me. Turns out that when those words are propelled by online outrage algorithms, they can be every bit as dangerous as the proverbial sticks and stones.

The authors write, “When it comes to social media, the reality is: if it enrages, it engages… Eliciting outrage drives user engagement, which in turn drives profits.”

In the next month, the US Supreme Court will be examining a couple of cases that challenge certain shields for online platforms found in Section 230 of the Communications Decency Act. As described in last Friday’s NY Times:

On Feb. 21, the court plans to hear the case of Gonzalez v. Google, which was brought by the family of an American killed in Paris during an attack by followers of the Islamic State. In its lawsuit, the family said Section 230 should not shield YouTube from the claim that the video site supported terrorism when its algorithms recommended Islamic State videos to users. The suit argues that recommendations can count as their own form of content produced by the platform, removing them from the protection of Section 230.

A day later, the court plans to consider a second case, Twitter v. Taamneh. It deals with a related question about when platforms are legally responsible for supporting terrorism under federal law.

The UK has been examining its Online Safety Bill for nearly two years. Its intent is to “make the internet a safer place for everyone in the UK, especially children, while making sure that everyone can enjoy their right to freedom of expression online”.

Key points the Bill covers
The Bill introduces new rules for firms which host user-generated content, i.e. those which allow users to post their own content online or interact with each other, and for search engines, which will have tailored duties focussed on minimising the presentation of harmful search results to users.

Those platforms which fail to protect people will need to answer to the regulator, and could face fines of up to ten per cent of their revenues or, in the most serious cases, being blocked.

All platforms in scope will need to tackle and remove illegal material online, particularly material relating to terrorism and child sexual exploitation and abuse.

Platforms likely to be accessed by children will also have a duty to protect young people using their services from legal but harmful material such as self-harm or eating disorder content. Additionally, providers who publish or place pornographic content on their services will be required to prevent children from accessing that content.
The largest, highest-risk platforms will have to address named categories of legal but harmful material accessed by adults, likely to include issues such as abuse, harassment, or exposure to content encouraging self-harm or eating disorders. They will need to make clear in their terms and conditions what is and is not acceptable on their site, and enforce this.

These services will also have a duty to bring in user empowerment tools, giving adult users more control over whom they interact with and the legal content they see, as well as the option to verify their identity.

Freedom of expression will be protected because these laws are not about imposing excessive regulation or state removal of content, but ensuring that companies have the systems and processes in place to ensure users’ safety. Proportionate measures will avoid unnecessary burdens on small and low-risk businesses.

Finally, the largest platforms will need to put in place proportionate systems and processes to prevent fraudulent adverts being published or hosted on their service. This will tackle the harmful scam advertisements which can have a devastating effect on their victims.

I wrote a couple pieces last year that are worth a second look:

• The need for more diverse perspectives, February 1, 2022
• Testing democratic freedoms, February 22, 2022

I also think back to “Free from online discrimination”, an article I wrote 3 years ago when ministerial mandate letters called for creation of a Digital Charter so that Canadians would have “the ability to be free from online discrimination including bias and harassment.”

Will Canada follow the UK lead in developing our own legislation?

Does a UK approach adequately protect our Charter freedoms of expression?

Last week, I wrote a piece that looked at a portion of the data released in December by the Pew Research Center.

A media release from CWTA looks at the Pew data, as well as recent data from the CRTC and Statistics Canada. In its release, “Canadians among global leaders in internet usage and smartphone ownership”, CWTA observes that the latest Canadian government data shows Canadians usage of the internet and smartphones has increased, while the cost of connectivity has declined.

The data from Pew shows that smartphone ownership in Canada continues to grow, and is in line with other surveyed countries.

The study also shows that smartphone ownership in Canada is similar to levels seen in other surveyed countries, with 98% of surveyed Canadians between the ages of 18-29 and 95% of those aged 30-49 owning a smartphone. As with other surveyed countries, the rate of smartphone ownership among Canadians aged 50 or more is lower than in younger age groups, with 72% those in the 50-plus age group reporting smartphone ownership.

This difference in smartphone ownership between age groups is an indication that there are factors other than cost that influence smartphone adoption, such as degree of digital literacy or lack of interest.

CRTC data released this week shows the average Canadian residential internet subscriber downloaded more than 4 times as much data in 2022 than in 2015. The average volume of data downloaded increased from 93.1 GB per month in 2015 to 394.4 GB in the third quarter of 2022. In the same period, subscribed data download speeds have increased by almost an order of magnitude, jumping from 28.5 Mbps in 2015 to 258.8 Mbps in 2021. Upload speeds have increased from 5.4 Mbps to 106.4 Mbps over the same period.

Coupled with these substantial improvements in performance, Statistics Canada data shows that the internet access component of the Consumer Price Index has fallen 1%, as contrasted with a 21% increase in the overall CPI. So, the average consumer is paying roughly the same price today as they were 7 years ago, despite six times the usage and 10-20 times the speeds.

On the mobile side, Statistics Canada data shows that the cellular services component of the CPI has fallen 32% between December 2018 and December 2022, while the overall CPI has increased 15% in that same period. Over that time frame, the CRTC shows that cellular data traffic grew from 2.3 GB per month to 6.07 GB per month, more than two and a half times as much data while prices fell by a third. Using data released this week from Ookla’s Speedtest Global Index, CWTA says “Mobile wireless network performance also increased significantly over this time, with the average download speed experienced by Canadian mobile users almost tripling from 46.31 Mbps to 125.34 Mbps from 2018 to 2022.”

CWTA President and CEO Robert Ghiz said,

Canada is among the world leaders in the adoption and use of the internet and smartphones. And while the consumption and performance of connectivity services continues to grow, prices are trending downward, while most everything else that is critical to Canadians is getting more expensive. These positive outcomes, together with the billions being invested each year by network operators to expand and enhance Canada’s digital infrastructure, are strong evidence of the benefits of facilities-based competition and the need for a stable regulatory environment that will allow these positive trends to continue.

The facts are clear.

Data from independent and government sources show that Canadians are getting far more value from their mobile and internet connections, contributing factors to why Canada remains a leader in online connectivity.

What happens if you ask a powerful Artificial Intelligence engine (ChatGPT) to “prepare 1000-2000 words on the most important issues facing Canadian telecom policy”?

Telecommunications policy in Canada is a complex and ever-evolving field, with a variety of important issues facing the industry and government regulators. Some of the most significant issues include:

1. Network expansion and infrastructure development: Canada’s telecommunications infrastructure is facing increasing pressure to keep up with the growing demand for data and internet services. This includes expanding high-speed broadband access to rural and remote areas, as well as upgrading existing networks to support the latest technologies and services.
2. Competition and market structure: The Canadian telecommunications market is dominated by a small number of large companies, which has led to concerns about lack of competition and high prices for consumers. Regulators are working to promote competition and increase choice for consumers through measures such as spectrum auctions and wholesale access rules.
3. Net neutrality: Net neutrality is the principle that all internet traffic should be treated equally, without discrimination or preference given to certain types of traffic or services. Canada has recently implemented net neutrality rules, but the issue is still a contentious one, with some arguing that it stifles innovation and harms competition.
4. Privacy and security: As telecommunications networks become increasingly integrated into our daily lives, there are growing concerns about the security and privacy of personal data. The government has implemented new regulations to protect personal information and ensure that companies are transparent about their data collection and usage practices.
5. Spectrum management: Spectrum is a finite resource that is essential for the operation of telecommunications services. The government manages the allocation of spectrum through auctions and licensing, but there are ongoing debates about how to best allocate and use this valuable resource to support innovation and competition in the telecommunications industry.
6. Interconnection and roaming: Interconnection refers to the ability of different telecommunications networks to connect and exchange traffic, while roaming refers to the ability of mobile devices to connect to other networks when outside of their home network area. These issues are important for ensuring that consumers can access services and connect with others, regardless of their location or the network they are using.
7. 5G: 5G is the next generation of mobile networks that promises faster download and upload speeds, lower latency, and increased capacity for more devices. It’s also expected to enable new technologies like Internet of Things (IoT) and self-driving cars. This is an important issue for Canada’s telecommunication policy, as it will affect the country’s competitiveness in the global economy.
8. Affordable access: Affordable access to the internet and telephone services is a major issue in Canada, particularly in rural and remote areas. The government is working to increase affordability through programs such as the Universal Broadband Fund, which aims to expand high-speed internet access to underserved areas.
9. Telecommunications innovation: The telecommunications industry is constantly evolving, with new technologies and services being developed all the time. Regulators are faced with the challenge of fostering innovation while also ensuring that the industry remains stable and competitive.
10. International trade: Canada’s telecommunications industry is closely tied to the global economy, and the country is heavily involved in international trade agreements and negotiations. This includes issues such as cross-border data flows and market access for Canadian companies in other countries.

The above-mentioned issues are just a few of the key challenges facing Canadian telecommunications policy today. It is important for government regulators and industry stakeholders to work together to find solutions that promote innovation, competition, and consumer choice while also protecting privacy, security, and affordability.

In an undergrad telecom course, I’d score it as a B-plus. It succeeded in canvassing issues overall, but it is incomplete in the discussion portion of many items, partly due to my imposition of a limited word count. The system got item 8 wrong, conflating the issue of “Affordable access” with government programs to assist investment in infrastructure expansion (which is better covered in item 1). However, given that some academics have supported development of large urban government overbuilds (such as ConnectTO) with a goal of creating affordable access, it isn’t a complete surprise that the AI database has been polluted with some misinformation.

I have seen worse papers published by academics and parliamentarians.

There is still a need to fact-check the output of these artificial intelligence systems, just as there is a need to verify human outputs.

That’s good news. ChatGPT isn’t able to replace me… yet.

For 20 years, the Pew Research Center has been assessing internet use internationally. In its report released last month, Pew found that Canada continues to be a leader in the proportion of its population online, just as it was in 2002.

Of course, adoption rates have grown dramatically worldwide in the intervening years. In 2002, Canada led all 8 of the studied countries with 68% of the population saying they “ever go online to access the Internet or World Wide Web or to send and receive email”. At that time, the median was just 47% reporting using the internet across eight countries: Canada, South Korea, the U.S., Germany, the UK, France, Japan and Poland. In the most recent survey, a median of 93% among these countries report using the internet.

The most recent study examined 18 advanced economies and Canada ranked fourth with 95% of the population reporting using the internet or owning a smartphone, behind South Korea (99%) and just behind the Netherlands and Sweden with 96%.

I’m especially interested in looking at factors inhibiting adoption among the remaining handful who aren’t already connected.

Pew found that “Internet use varies based on age, education and income. Nearly 100% of young adults report using the internet in every country except Israel (93%).” I’ll note somewhat parenthetically that a contributing factor in Israel’s outlier status is explained by restrictions on internet access set by some religious leaders because of online safety concerns.

How do concerns about online safety, a factor associated with digital literacy, impact internet adoption among the 5% of Canadians who have not yet gone online? As the issue percolates on the policy agendas for a number of western nations, we need to examine how governments can address legitimate concerns without limiting our fundamental freedoms of expression.

And there is the issue of basic digital literacy, helping those who simply lack basic skills to get online. I recently became aware of Appleseeds, a non-profit in Israel that “helps people step into the digital world”. Among its areas of activity is the Digital Lifestyle initiative that “develops programs for members from various communities who are taking their first steps into the world of technology.”

Appleseeds develops programs for Israel’s most marginalized who are taking their first steps into the digital world. We provide these services through a network of Technology Knowledge Centers located throughout the country, in cooperation with municipalities and other partners in the public and private sectors.

For too long, government broadband programs in Canada have focused solely on building access. There are carrier-funded programs in place that deal with ensuring affordable connectivity is available. Unfortunately, too little work is being done to develop skills in going online, or helping develop an understanding of the value of getting connected

It is why the issue of studying (and addressing) the factors inhibiting broadband adoption is at the top of my telecom policy agenda for 2023.

From its inception, I have been a supporter of the Bell Let’s Talk initiative. As I wrote more than a dozen years ago, “I liked seeing such an important player in my business – telecommunications – take an active interest in my family’s main line of work – mental health.”

The Bell Lets Talk strategy is built on 4 key pillars: Anti-Stigma; Care & Access; Research; and, Workplace Leadership.

• Anti-Stigma
  One of the biggest hurdles for anyone struggling with mental illness is overcoming the stigma attached to it. Talking is an important first step towards lasting change. The annual Bell Let’s Talk Day and awareness campaign has become the world’s largest conversation about mental health, encouraging Canadians and people around the world to talk and take action to help reduce stigma and promote awareness and understanding so everyone can get the help they need.

  In 2012 Bell established the world’s first Anti-Stigma Research Chair at Queen’s University to continue to advance anti-stigma research, scholarship, and outreach programs.

• Care & Access
  Bell funds organizations large and small throughout Canada, including grassroots agencies, hospitals and post-secondary institutions, to provide Canadians with mental health supports and services.

  Through the Bell Let’s Talk Funds, partnerships and major gifts, Bell has supported organizations in every province and territory in Canada, enabling them to improve access to mental health supports and services in communities nationwide.

• Research
  Research holds the greatest promise to better understand treatments and solutions. Bell is investing in best-in-class research programs with the potential to have a transformative impact on the mental health and well-being of Canadians.

  Bell Let’s Talk has funded research projects across the country, including $3 million to fund the world’s first university chair in mental health and anti-stigma research at Queen’s University, $1 million to fund Canada’s first biobank of biological, social and psychological data at l’Institut universitaire en santé mentale de Montréal, and $2 million announced in 2021 to establish the Bell Let’s Talk-Brain Canada Mental Health Research Program with Brain Canada.

• Workplace Leadership
  One in three workplace disability claims in Canada are related to mental illnesses. Bell is committed to leading by example in our own workplace by adopting the voluntary National Standard for Psychological Health and Safety in the Workplace and is encouraging greater corporate engagement across Canada.

  Bell’s initiatives to improve mental health awareness, training and benefits have reduced short-term disability claims related to mental health by over 30%, and reduced relapse and recurrence by more than 50%.

The theme for Bell Let’s Talk Day 2023 (January 25) is Let’s change this.

This year’s campaign is intended to put a focus on some of the key challenges faced by Canadians. Bell has announced an additional $10 million towards its goal of $155 million for Canadian mental health programs, replacing the 5 cents per interaction made in previous years on Bell Let’s Talk Day.

Thirteen years ago, Bell Let’s Talk set out to tackle the stigma around mental illness. Since then, Bell Let’s Talk Day became the world’s largest conversation about mental health, increasing awareness and helping bring about real change. Since 2011, there have been nearly 1.5 billion messages on various channels.

On January 25, I will still be supporting the use of #BellLetsTalk on social media and promoting the initiative.

I hope you will as well.