SECOND INTERNATIONAL SYMPOSIUM ON HATE ON THE INTERNET

EXECUTIVE SUMMARY AND RECOMMENDATIONS

Toronto, March 20 - 23, 1999

Overview

The Second International Symposium on Hate on the Internet was held on March 20-23, 1999 in order to examine the progress that has been made since the last symposium, and to establish guidelines and priorities for global planning and co-operation in the future. The 120 participants brought together the skills and experience of community leaders, police, government officials, students, internet service providers and human rights lawyers and activists during three days of review and discussion.

This conference was a joint initiative of B'nai Brith Canada's Institute for International Affairs and League for Human Rights, agencies that have been at the forefront of a concerted effort to alert community, government and industry stakeholders to the widespread and growing use of the Internet as a potent medium for hatemongers. The discussions were a response to hate group activity and hate motivated crime, which have increased since the First International Symposium was held in September 1997.

The symposium proceedings focussed on promoting effective community, legal, legislative, and industry response to hate on the Internet. A series of lectures, workshops and discussions reviewed how current laws are most effectively applied, explored alternatives and improvements to existing legislation, and examined how legal options can be complemented by community, educational and human rights initiatives.

Participation

Representatives were present from many government agencies, including the Department of Canadian Heritage, the Ministries of the Solicitor General, Attorney General, Justice, Citizenship and Immigration and Foreign Affairs. Represented also were Crown Law Offices, and Policing Services and Human Rights Commissions across the country. Representatives from the computer industry and software experts were also present, which allowed a full analysis of the technical difficulties involved in regulating the Internet.

A wide range of community organizations was represented in order to develop and share strategies on how to respond effectively to the spread of hatred against minority groups. Information was shared on the institutional resources available to them, and how to access them in times of crisis. The presence of educators and students allowed for a thorough examination of the role that effective education can play in countering hate propaganda and encouraging responsible use of the Internet.

Program

The Law Society of Upper Canada co-sponsored the opening reception and keynote debate, moderated by Roberta Jamieson, Ombudsman of Ontario. The Hon. Hedy Fry, Secretary of State for Multiculturalism and the Status of Women, brought greetings from the Government of Canada. In an informed and lively debate, four renowned experts revisited the perennial question of "free speech vs. hate speech" in a philosophical discussion of the symposium's mandate. Alan Borovoy, Counsel for the Canadian Civil Liberties Association and the Prof. Richard Rosenberg of the Electronic Frontier took the side of unabridged freedom of speech. Lawyers Valmond Romilly of the Harambee Foundation and Marvin Kurz, National Counsel and Co-Chair of the League for Human Rights, championed the cause of countering hate speech with all the tools available.

The proceedings allowed for a combination of keynote and panel submissions by national and international experts, as well as a series of working seminars in which participants acted as both teachers and learners, sharing a wealth of knowledge and skills. The flexible, open environment allowed participants to pursue the particular topic areas most relevant to their experience and areas of expertise.

Given the particular vulnerability of minority groups to all forms of hate propaganda, the importance of public education campaigns was an underlying theme of the symposium in the context of community action and coalition building. The use of advocacy and proactive anti-hate initiatives was a particular focus of the delegates, as were efforts by police services to develop preventative strategies and supportive measures for victim groups.

In the opening plenary session participants were provided with an update on technological advances on the Internet over the past eighteen months, including the development of new software to label and block hate sites. Facilities were provided for "hands-on" experimentation with new filters, under the guidance of experts in the field. A multifaceted presentation explored the role of the perpetrators and looked at the impact on various victim groups.

A panel of experts from Canada, the United States, Germany, England and Australia discussed their countries' recent responses to on-line hate. This international participation allowed for the free exchange of ideas and comparison of global standards and approaches. It underlined the critical role international co-operation must play in any solution for what is, in effect, "hatred without borders".

A public forum at the City Hall Council Chamber, moderated by Beverly Thomson of Global TV and sponsored by the Access and Equity Centre of the City of Toronto, engaged the public in a community event to promote awareness and understanding of this critical issue. The event was designed to synthesize the academic, legal and technical discussions of the symposium for public debate, so as to bring the message of the conference to a wider audience. This event was considered a major part of the symposium since public education is such a vital component in containing Hate on the Internet. Every effort was made to ensure inclusive participation in the forum.

On the second day, all delegates at the symposium received a tutorial on the technical issues involved in the Internet, so they would have a better understanding of how information flows in cyberspace and the potential for control, as well as the barriers to regulation. This briefing by Jim Mercer, an international Consultant based in Toronto, also complemented the examination of possible industry participation in voluntary regulation agreements and codes of conduct.

A multidisciplinary blend in the make-up of the panel presentation "Facing Responsibilities" ensured that all sectors and perspectives were covered in an inside look at the issues facing the legal, technical/ISP, educational and law enforcement sectors in countering on-line hate.

A series of workshops provided opportunities for participants, guided by expert facilitators, to review in detail possible legal remedies, as well as the current use of human rights legislation, to assess technical challenges to regulation, and to formulate educational strategies. Specific workshops were restricted to police personnel for confidential intelligence briefings with Kriminaldirektor Sigurd Werner of the Wurttemberg State Police in Germany and hate crime analysts from the Toronto Police Services, Ontario Provincial Police, and the R.C.M.P.

A particular highlight of the conference was a special tribute luncheon to the Honourable Mr. Justice Sam Filer, recipient of the League for Human Rights Special Human Rights Award for Lifetime Achievement. It was considered particularly appropriate to include this well-deserved recognition in the program of a symposium attended by so many workers in the international human rights community.

On the final day of the symposium, a further series of workshops combined legal specialists with industry experts in order to determine what is possible legally and technically, while a special session brought together prosecutors and police personnel to review case examples of practical strategies for criminal investigations and prosecutions. A group of educators reviewed recent problems faced by libraries and public facilities in rising to the challenge of preserving freedom of speech, while at the same time protecting vulnerable groups from the effects of hate propaganda. Proactive educational initiatives to prepare our youth were reviewed and discussed.

To complement these workshop discussions, the Ottawa-based Media Awareness Network, launched their new education resource "Challenging Hate Online". This user-friendly tool which was a direct response to a recommendation from B'nai Brith's first International Symposium on Hate on the Internet, gave practical examples of how to inform public dialogue, as well as how to empower schools and homes to counter the recruitment activities of on-line hate groups. Several of the League's publications are included on this site.

The final plenary gave an overview of local, national and international research, policy development and priorities on the eve of the new millennium, leading to a series of concluding deliberations on priority issues and the formation of concrete recommendations for future action based on the various workshops and panels. These recommendations represent the practical suggestions of the symposium delegates for formulating and implementing a structured, systematic and inter-jurisdictional approach to countering Hate on the Internet.

RECOMMENDATIONS
PRESENTED AT THE CLOSING PLENARY OF THE INTERNATIONAL SYMPOSIUM ON HATE ON THE INTERNET HOSTED BY
B'NAI BRITH CANADA'S INSTITUTE FOR INTERNATIONAL AFFAIRS AND
LEAGUE FOR HUMAN RIGHTS, MARCH, 1999

Following the deliberations that took place in the individual workshops, recommendations were suggested in the areas of legal/legislative, technical, educational and policing initiatives. All recommendations reported to the plenary were accepted and recorded.

I. LEGAL/LEGISLATIVE:

1. The Government of Canada should:

A. Introduce amendments to the provisions of the Criminal Code penalizing hate propaganda

• i. Remove the territorial limitation for the commission of the offence and make the offence one of universal jurisdiction
• ii. Allow courts to take judicial notice of any historically recognized act of genocide
• iii. Expand the list of identifiable groups to include all disadvantaged groups that are, after study, determined to be the target of incitement to hatred
• iv. Penalize the downloading and possession, on hard drives or floppy disks, of hate propaganda with the intent to promote hatred

B. Introduce amendments to the Canadian Human Rights Act

• i. Make explicit that the provision on communicating messages likely to arouse hatred applies to Internet communication
• ii. Remove the possibility of imposition of a penalty for a violation of this provision as penalties are the duty of the Criminal Court in cases of prosecution under s. 319 of the Criminal Code.

2. Prosecutors and Attorneys General should:

• i. Initiate investigations more consistently and make more active use of the Criminal Code prohibition against propagating hatred
• ii. Lay charges and seek the issuance of warrants of arrest against hate incitement on the Internet wherever the incitement originates

3. Internet service providers, connectivity providers and associations of Internet providers should:

• i. Respond to complaints about hate on the Internet by denying access to hate promoters to the Internet
• ii. Disclose what web sites or types of content the providers are blocking from their customers

4. The Government of China should:

• i. Release Lin Hai and Wang Youcai who have been imprisoned unjustly for Internet crimes

5. The community of nations should:

• i. Agree to a convention requiring the criminalization of anonymous hate messages to the Internet and requiring the closing of computer ports where appropriate.

II. TECHNICAL:

1. Internet Service Providers should:

• i. Require that proper identification be provided prior to an account being issued
• ii. Voluntarily close NTP, SEPT and Wingate Ports
• iii. Be members of a national IS body

2. National Bodies of ISP's should:

• i. Act as the governing body for ISP's within the country and be responsible for developing and enforcing a Uniform Set of Standards
• ii. Work together with other national bodies to share information and develop a Uniform Set of Standards

3. Foreign Participants to the Symposium should:

• i. Report back the recommendations of the symposium to their governments and agencies
• ii. Encourage national discussion

4. Individuals should:

• i. Report any sites violating national laws to their local and/or national police service

III. EDUCATIONAL:

1. School Personel should:

• i. Ensure that anti-discrimination is included in the curriculum or alternative measures
• ii. Ensure that anti-racism/anti-bias policies in all school boards are updated
• iii. Initiate more research on filtering devices
• iv. Ensure that hate is not only dealt with in the humanity subjects, but is also included in science and other relevant curricula
• v. Involve youth and communities in the area of anti-hate, supported by business and organizations

2. Partnerships should be encouraged to:

• i. Borrow skills and principles from advertising for public education campaigns and partnerships
• ii. Arrange for more support for teachers-strategies, tools, resource materials, sample lessons
• iii. Develop 'hands on' manual, based on the "TAKING ACTION" model of the League
• iv. Develop policies and guidelines for school boards and libraries, parents and community

3. Resources should be developed to include:

• i. A list of monetary sources to fund anti-hate programs
• ii. A List-serve of participants for networking
• iii. Teacher training on the Internet
• iv. Standards of technology use
• v. Resource lists for teachers

4. Program Development initiatives should include:

• i. Further programs with youth on Hate on the Internet
• ii. Train the trainer programs for teachers, federations, etc.
• iii. Sharing information and material with other conferences
• iv. Emphasizing anti-bias and equity not as an add-on but throughout the curriculum (included in III.2)
• v. Encouraging and supporting the Nizkor Project (www.nizkor.org) and other pro-active sites
• vi. Working with youth organizations and OUTREACH and developing peer trainers from within our own groups-
• vii. Ensuring for leadership development within educational organizations and agencies

IV. POLICING:

1. Educational initiatives should include:

• i. Education of police on technical side for investigation.
• ii. Providing of education of the public: community, schools, youth (i.e. by police)

2. Pressure should be brought to bear to:

• i. Open police states to disseminate anti-hate information

3. Partnerships with Police should include:

• i. Local partnerships - ISP's, school, community
• ii. National partnerships
• iii. International partnerships

4. Funding and Resources are required to:

• i. Organize a dedicated group to train experts to monitor the net
• ii. Establish National Internet crime labs
• iii. Provide for ongoing technical training of law enforcement

5. Legislation should:

• i. Establish national, clear-cut guidelines for police prosecutions
• ii. Ensure police work on local, national and international levels

6. International Agreements should:

• i. Set up a strong base in domestic law to develop international agreements
• ii. Set up an international network for inter-agency co-operation and information sharing by law enforcement agencies
• iii. Establish an international criminal court
• iv. Establish an international agreement that there be local prosecutions
• v. Examine the role of media in inciting hatred (UN Commission on Human Rights)
  (See B'nai Brith submission to the Commission)
• vi. Set up European Agreement vs hate groups
• vii. Examine breach of copyright laws and other similar legislation to provide impetus to achieve common ground (further to Brussels 1999)

7. Legal/Legislative Recommendations should:

• i. Provide friendly amendments
• ii. Caution on anonymity provisions
• iii. Retain the possibility of 'handles' to protect identity

8. Technical considerations should include:

• i. Having ISP's saving logs for 5 years (continues to be contentious - discussion ongoing.)
• ii. Establish blocking/filtering procedures for hate sites
• iii. iii. Connecting technician with law enforcement to provide technical training

The above recommendations were accepted with consensus and the expectation that the recommendations would be communicated to all levels of government; to all relevant institutions, departments, jurisdictions; to political, business, technical, education and community leaders, and to individuals for combatting the spread of hate on the Internet.

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