illegal activity on the Internet. Gambling, cyber security, and dangers to children who
frequent social networking sites—real and perceived—are important ongoing debates.
Canadian legislators have been less aggressive than their U.S. counterparts in proposing specific legislative remedies for problems arising from Internet use. Canadians have
been more inclined to employ existing regimes developed for regulating offline speech
and less apt to propose broad solutions. Canadians do not currently pursue copyright
infringement online with the same zeal as their U.S. counterparts. Neither does Canadian law provide the same formal protection for intermediaries. Unlike the United
States, publishing of hate speech is restricted in Canada. Under section 320.1 of the
Canadian Criminal Code, a judge can issue a warrant authorizing the deletion of (publicly available) online hate propaganda from computer systems located within the jurisdiction of the court.
Public dialogue, legislative debate, and judicial review have produced filtering strategies in the United States and Canada that are different from those described elsewhere
in this volume. In the United States, many government-mandated attempts to regulate
content have been barred on First Amendment grounds, often after lengthy legal
battles. 1 However, the United States government has been able to exert pressure indirectly where it cannot directly censor. In Canada, the focus has been on governmentfacilitated industry self-regulation. With the exception of child pornography, Canadian and U.S. content restrictions tend to rely more on the removal of content than
blocking; most often these controls rely upon the involvement of private parties,
backed by state encouragement or the threat of legal action. 2 In contrast to much of
the world, where ISPs are subject to state mandates, most content regulation in the
United States and Canada occurs at the private level.
The United States and Canada both have relatively high Internet penetration rates.
In each country, nearly three-quarters of the population has access to the Internet. 3
Despite such high Internet penetration rates, the two countries have relatively low
broadband subscription rates, with the United States at 23 percent and Canada at 28
percent. Internet subscription rates on the whole are only slightly higher: the United
States has a 24 percent subscription rate, while Canada’s rests at 31 percent. 4 The
broadband stimulus push of President Barack Obama’s administration in early 2009
may improve these rates in the United States.
These high rates of Internet usage increase the ability of citizens to publish and
widely distribute dissenting points of view. At the same time, Internet users engage in
a large number of other online activities, such as accessing pornography, that test a
society’s dedication to free expression and privacy.
Regulating Obscene and Explicit Content
The United States Congress passed the Communications Decency Act (CDA) as part
of the Telecommunications Act of 1996. Signed into law by President Bill Clinton in
370
United States and Canada Overview
frequent social networking sites—real and perceived—are important ongoing debates.
Canadian legislators have been less aggressive than their U.S. counterparts in proposing specific legislative remedies for problems arising from Internet use. Canadians have
been more inclined to employ existing regimes developed for regulating offline speech
and less apt to propose broad solutions. Canadians do not currently pursue copyright
infringement online with the same zeal as their U.S. counterparts. Neither does Canadian law provide the same formal protection for intermediaries. Unlike the United
States, publishing of hate speech is restricted in Canada. Under section 320.1 of the
Canadian Criminal Code, a judge can issue a warrant authorizing the deletion of (publicly available) online hate propaganda from computer systems located within the jurisdiction of the court.
Public dialogue, legislative debate, and judicial review have produced filtering strategies in the United States and Canada that are different from those described elsewhere
in this volume. In the United States, many government-mandated attempts to regulate
content have been barred on First Amendment grounds, often after lengthy legal
battles. 1 However, the United States government has been able to exert pressure indirectly where it cannot directly censor. In Canada, the focus has been on governmentfacilitated industry self-regulation. With the exception of child pornography, Canadian and U.S. content restrictions tend to rely more on the removal of content than
blocking; most often these controls rely upon the involvement of private parties,
backed by state encouragement or the threat of legal action. 2 In contrast to much of
the world, where ISPs are subject to state mandates, most content regulation in the
United States and Canada occurs at the private level.
The United States and Canada both have relatively high Internet penetration rates.
In each country, nearly three-quarters of the population has access to the Internet. 3
Despite such high Internet penetration rates, the two countries have relatively low
broadband subscription rates, with the United States at 23 percent and Canada at 28
percent. Internet subscription rates on the whole are only slightly higher: the United
States has a 24 percent subscription rate, while Canada’s rests at 31 percent. 4 The
broadband stimulus push of President Barack Obama’s administration in early 2009
may improve these rates in the United States.
These high rates of Internet usage increase the ability of citizens to publish and
widely distribute dissenting points of view. At the same time, Internet users engage in
a large number of other online activities, such as accessing pornography, that test a
society’s dedication to free expression and privacy.
Regulating Obscene and Explicit Content
The United States Congress passed the Communications Decency Act (CDA) as part
of the Telecommunications Act of 1996. Signed into law by President Bill Clinton in
370
United States and Canada Overview