Archive for January, 2014

Canadian Regulators Place Google’s Business Model Under Microscope

Appeared in the Toronto Star on January 18, 2014 as Canadian Regulators Put Google’s Business Model Under Microscope Among the many Internet success stories of the past two decades, Google stands alone. The undisputed king of search, hundreds of millions rely on it daily, supporting an Internet advertising business model […]

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January 21, 2014 Comments are Disabled Columns Archive

The Shameful Canadian Silence on Surveillance

Later this morning, U.S. President Barack Obama will give a speech on U.S. surveillance activities in which he is expected to establish new limitations on the program. While the measures will likely fall well short of what many believe is necessary, it is notable that the surveillance issue has emerged as a significant political issue since the Snowden leaks and the U.S. government has recognized the need to address it. 

Reaction to the Snowden leaks in the U.S. has not been limited to political responses. In recent months, Verizon and AT&T, the two U.S. telecom giants, announced plans to issue regular transparency reports on the number of law enforcement requests they receive for customer information. The telecom transparency reports come following a similar trend from leading Internet companies such as Google, Twitter, Microsoft, and Facebook

The U.S. reaction stands in stark contrast to the situation in Canada. Canadian government officials have said little about Canadian surveillance activities, despite leaks of spying activities, cooperation with the NSA, a federal court decision that criticized the intelligence agencies for misleading the court, and a domestic metadata program which remains shrouded in secrecy. In fact, the government seems to have moved in the opposite direction, by adopting a lower threshold for warrants seeking metadata than is required for standard warrants in Bill C-13.

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January 17, 2014 12 comments News

Why the Justice Ministers’ Report Fails To Make the Case for Bill C-13’s Lawful Access Provisions

Earlier this week, I posted on how Canadian law already features extensive rules that can be used to target cyberbullying, which raises questions about the prime justification for Bill C-13 (the cyber-bullying/lawful access bill). That post attracted a response from the Department of Justice, which (consistent with politicians and other officials) points to a June 2013 report on cyberbullying from federal and provincial justice ministers as the basis for Bill C-13.

While the government seems to think the report provides a solid foundation for its bill, the reality is that the justification in the report for the lawful access provisions stands on very shaky ground.

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January 16, 2014 1 comment News

ISPs Push For Two-Tier Internet Based on Data Caps

Net neutrality has been one of the defining Internet policy issues of the past decade. Starting with early concerns that large telecom and Internet providers would seek to generate increased profits by creating a two-tier Internet with a fast lane (for companies that paid additional fees to deliver their online content quicker) and a slow lane (for everyone else), the issue captured the attention of governments and telecom regulators.

My weekly technology law column (Toronto Star version, homepage version) notes that while the net neutrality challenges evolved over time, the core question invariably boiled down to whether Internet providers would attempt to leverage their gatekeeper position to create an unfair advantage by treating similar content, applications or other services in different ways.

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January 15, 2014 4 comments Columns

ISPs Push For Two-Tier Internet Based on Data Caps

Appeared in the Toronto Star on January 11, 2014 as Internet Providers Push for Two-Tier Internet Based on Data Caps Net neutrality has been one of the defining Internet policy issues of the past decade. Starting with early concerns that large telecom and Internet providers would seek to generate increased […]

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January 15, 2014 Comments are Disabled Columns Archive