C-34 ,
An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other Acts
Short title: Safe Social Media Act

Sponsor:
Minister of Canadian Identity and Culture and Minister responsible for Official Languages

https://www.parl.ca/legisinfo/en/bill/45-1/c-34

It used to be that we counted on government to protect citizens. Now, citizens have to study government bills to defend themselves against their own government.

C-34 (45-1) - LEGISinfo - Parliament of Canada

C-34 (45-1) - LEGISinfo - Parliament of Canada

#C34
(b) authorizes the Governor in Council to make regulations to make the operators of other online services subject to the du- ty to protect children and the duty to be transparent;

aka: Company A lobbies government to regulate company B up the wazzoo. Company B then lobbies government even harder to avoid regulation. If the law can't define what services are to be covered and not, then the law has no business to exist.

#C34

The definition of "chatbot service" is actually fine. Thsi is surprising in those bills that often purposefully obfuscate definotion to give power to interpret definitions for whatevever wind blows that day.

#C34 media have spoken of blocling kids under 16.

"child means a person who is under 18 years of age. (en-
fant)"

(The definitionas section of a bill is always REALLY important.

#C34
some of the definitions:

-content that foments hatred
-content that incites violence
-content that induces a child to harm themselves
-content that sexually victimizes a child or revictim- 25 izes a survivor
(long definition)
-content used to bully a child
-harmful content
-intimate content communicated without consent

While socially/politically, nobody could object to rules against the above, the problem lies in the translation of social norms into legalese.

#C34
So earlier, I posted abouta good definition of "chatbot". Nothing lasts forever. Some lobbyist got in and got the follwiing added:

"Exclusion — chatbot service
(7) The definition chatbot service does not include an artificial intelligence system that exclusively serves a pur- pose specified in the regulations."

(regulations are not part of law, added by cabinet staff).

#C34
"(b) a visual representation that depicts the sexual organs or anal region of a child, if it is reasonable to suspect that the representation is created or communicated for a sexual purpose;"

"reasonable to suspect". So prior to publishing a baby or human anatomy book, or highly specialized medical book on urology/gynecology, would they need to seek a judicial opinion to confirm the intent is not sexual and somehow present credentials to all service providers this book is legit?

#C34 will force providers to use some sort of software (won't call it AI to not confuse about the curent chatbot AI buble) to determine of there are depictions of naked people. That software will be unable to determine the difference between art, erotic and pornographic. Below are statues from the Louvre.

in a complaints based system, a judge would be able to judge. But in an ex-ante system where computer has to evaluate whether to block or allow, such judgement won't be made.

BTW, you can search for artworks at the Louvre at:

https://collections.louvre.fr/recherche

Résultats de la recherche page 1/25117 - Louvre site des collections

La base de données Collections présente plus de 480 000 œuvres du musée du Louvre et du musée national Eugène-Delacroix.

#c34

online service means a website or application, other than a social media service or a chatbot service, that is accessible in Canada over the Internet and that allows users of the website or application to interact with the website or application. (service en ligne)

(social media definition follows, couldnt fit in post)

#c34
social media service means a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international on- line communication among users of the website or appli- cation by enabling them to access and share content. (service de média social)

(the USA federal government has stated jurisdiction for trade between states (same with telephones in past). Curiuos why Canada has such distinction in law).

#c34
For greater certainty — social media service
(2) For greater certainty, a social media service includes
(a) an adult content service, namely a social media service that is focused on enabling its users to access and share pornographic content; and
(b) a live streaming service, namely a social media service that is focused on enabling its users to access and share content by live stream.

[is a porn site considered social media service because it is "adult content service" ?].

#c34
Exclusion — online service
(8) The definition online service does not include a website or application 5
(a) whose primary purpose is to facilitate the sale, list- ing or advertisement of goods or services; or
(b) whose primary purpose is to provide directories, search results, maps or navigation tools.

So Amazon and Google lobbied Mélania Joly to ensure they are excluded from the law.

If Maps had to be exlcuded, it means the definition of what is included is *deeply* flawed

#c34
Regulated social media service
6 (1) For the purposes of this Act, a regulated social media service is a social media service that
(a) has a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); or
(b) has a number of users that is less than the number of users provided for by regulations made under sub- section (2) and is designated as a regulated social media service by regulations made under subsection3

#c34
So he government may or may not exempt smaller social media services based on the lobying they make because such exeptions are at discretion of minister.

If you make a law, specify in writing the threshold for what sorvices ot covers. If you are not willing to specify it, then don,t pass the law.

And how do you calculate number of users in the fediverse, or in NNTP newsgroups?

#c34

22 (1) If an operator has reasonable grounds to suspect that a regulated service that they operate provides access to pornographic content, the operator must, in respect of that regulated service, implement age-verification or age-estimation measures that are adequate to mitigate the risk that children will be exposed to pornographic content on the service.

#c34
On age verification:

(b) do not involve the collection or use of personal information other than for age-verification or age-estimation purposes;

(c) provide for the destruction of personal informa- tion collected for age-verification or age-estimation purposes once the verification or estimation is com- pleted;

(d) provide for the protection of personal information that is collected for age-verification or age-estimation purposes until that information is destroyed; and

#c34
Obligation
27 (1) Subject to section 29, an operator must, with re- spect to every regulated social media service specified by regulations made by the Governor in Council under sub- 10 section (5) that it operates, implement adequate age-veri- fication or age-estimation measures designed to prevent
a person under the age of 16 from being able to have an account with, or be otherwise registered with, the service.

[so this is where the age 16 comes from]

#c34

Duty to preserve certain harmful content
41 (1) If the operator of a regulated social media service 35 makes inaccessible to all persons in Canada content that incites violence or terrorism or violent extremism con- tent, the operator must preserve that content, and all other computer data related to it that is in the operator’s possession or control, for a period of one year beginning on the day on which the content is made inaccessible.