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Justice committee  I've personally worked in this area since 2000, so for about ten years I've been working on child sexual exploitation over the Internet, and I've had many occasions to meet with members of the ISP or telco community. In developing this legislation I had the opportunity to speak

October 19th, 2010Committee meeting

Normand Wong

Justice committee  In terms of the ISPs?

October 19th, 2010Committee meeting

Normand Wong

Justice committee  Under ten. Well, under ten in terms of major ISPs. Some of the smaller ISPs through the Canadian Association of Internet Providers, which is an independent body that represents 30 or 40--

October 19th, 2010Committee meeting

Normand Wong

Justice committee  The test for child pornography, though, for the ISPs, under the provision in clause 4, is supposed to work in a way that would require ISPs to report only when they know. There's also a provision under clause 7 that explicitly states, “Nothing in this Act requires or authorizes a

October 19th, 2010Committee meeting

Normand Wong

Justice committee  It's a very topical question, given what happened on Facebook in B.C. Facebook itself is a U.S. company, and it's based in the U.S., so it would be subject to U.S. laws. As the minister has indicated before, Canadian law enforcement officials and U.S. law enforcement officials wo

October 19th, 2010Committee meeting

Normand Wong

Justice committee  There are programs. There's a national strategy for child sexual exploitation on the Internet. The Minister of Public Safety is responsible for that. The RCMP, through the National Child Exploitation Coordination Centre, has many contacts through Interpol and the international la

October 19th, 2010Committee meeting

Normand Wong

Justice committee  There are a number of parts to that question. There are different standards between the two clauses. I addressed the reporting standard in the question from Mr. Lee, but the notification standard applies when a service provider discovers it on their own system or it's brought t

October 19th, 2010Committee meeting

Normand Wong

Justice committee  On the second question, clause 3, we have to remember there are two different obligations under this act. Under clause 3, they're required to report to a designated agency, and under clause 4 it's a requirement to notify the proper police authorities. If they have reason to belie

October 19th, 2010Committee meeting

Normand Wong

Justice committee  Thank you, Mr. Petit. You're right in the sense that it doesn't matter whether there's good faith or bad faith when you're dealing with clause 3 and clause 4. This immunity provision is almost like a “for greater certainty” provision, because, you're right, a civil proceeding co

October 19th, 2010Committee meeting

Normand Wong

Justice committee  Much in the same way we are in federal legislation, they are creating a positive duty to report. Under child and family services legislation in many provinces they have a positive duty to report child abuse, and it's in that same vein. Many provinces have a duty for all citizens;

October 19th, 2010Committee meeting

Normand Wong

Justice committee  On the issue of peace officer, it's an articulation that is becoming more common, and it will also be spelled out in the regulations as to who exactly a report goes to. We have also heard some other concerns about the articulation that is currently in this bill, so we can certain

October 19th, 2010Committee meeting

Normand Wong

Justice committee  Currently, in the four provinces that have enacted legislation--two are in force and two are not--that is all very similar. They're all based on the provincial jurisdiction on child welfare. So they're broad-based and require any person residing in the province to report to a des

October 19th, 2010Committee meeting

Normand Wong

Justice committee  I'd also like to thank you for your interjection here, because this is something that our provincial–territorial colleagues have pointed out to us as well. The intention of clause 10 was to relate only to the reporting requirements under clause 3, but they feared that it might al

October 19th, 2010Committee meeting

Normand Wong

Justice committee  Thanks for the question, Mr. Lee. The definition of Internet service provider is to capture as many people as possible who provide Internet services to the public. So this includes e-mail service providers, as you've indicated, but it's—

October 19th, 2010Committee meeting

Normand Wong

Justice committee  I'm basically trying to clarify that it only applies to e-mail service providers, so—

October 19th, 2010Committee meeting

Normand Wong