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Michael Geist's Blog

Privacy and Expectations

Professor Geist's regular Toronto Star Lawbytes column (Toronto Star version, HTML backup article, homepage version) contrasts privacy compliance in Canada and the U.S. It argues that while Canada may have enacted comprehensive privacy legislation, there are minimal expectations that the law will be enforced aggressively. It concludes that organizations with good privacy practices as well as the public would benefit from Canada's next privacy commissioner creating the expectation that privacy practices that run afoul of the law will be punished and publicly identified. 

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Canada's Last Mover Advantage

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) examines the issue of Canadian ratification of the WIPO Internet treaties in light of a recent parliamentary committee's demand for ratification within months. The column argues that Canada enjoys a last mover advantage by having moved slowly on treaty ratification, which raises significant concerns on issues such as technical protection measures and private copying. 

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Privacyinfo.ca Update #14

The site has added 15 new PIPEDA decisions recently posted by the Federal Privacy Commissioner's office. The new decisions include: DECISION #207 - Cellphone Company Meets Conditions for Opt-out Consent (August 6, 2003) www.privacyinfo.ca/dcsn.php? DECISION #205 - First Name Disclosed Without Knowledge and Consent (August 5, 2003) DECISION #204 - Telecommunications Company Allegedly Refuses Service Because Individual Fails to Provide SIN (August 5, 2003) DECISION #203 - Individual Raises Concerns About Consent Clauses (August 5, 2003) DECISION #202 - Telecommunications Company Requests Two Pieces of Identification From a New Subscriber (August 5, 2003) DECISION #201 - Former Employer Delays Access to Personal Information (August 1, 2003) DECISION #200 - Bank Disclosure Causes Wedding To Be Cancelled (August 6, 2003) DECISION #199 - Bank Improperly Invokes Time Extension Provision (August 1, 2003) DECISION #198 - Employer Accused of Wrongful Disclosure (August 1, 2003) DECISION #197 - Bank Allegedly Sent Personal Information in Unsealed Envelopes (August 1, 2003) DECISION #196 - Customer Denied Access to his Personal Information (August 1, 2003) DECISION #195 - Company Exceeds Time Limits in Responding to Request for Access to Personal Information (July 23, 2003) DECISION #194 - Credit Reporting Agencies Allegedly Misused Consumers Social Insurance Numbers (July 16, 2003) DECISION #193 - Telecommunications Company Does Credit Check Without Consent (July 10, 2003) see: Globe and Mail coverage also see: Canadian Privacy Law Review Information
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Quebec Privacy Commissioner Nominated to Federal Post

Jennifer Stoddart, Quebec's current privacy commissioner, has been nominated by the Canadian federal government to assume the post of federal privacy commissioner. Stoddart is expected to face tighter scrutiny than past commissioners due to this summer's controversy involving ex-commissioner George Radwanski. see: Globe and Mail coverage also see: Canadian Privacy Law Review Information
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Quebec Privacy Commissioner Nominated to Federal Post

Jennifer Stoddart, Quebec's current privacy commissioner, has been nominated by the Canadian federal government to assume the post of federal privacy commissioner. Stoddart is expected to face tighter scrutiny than past commissioners due to this summer's controversy involving ex-commissioner George Radwanski. see: Globe and Mail coverage also see: Canadian Privacy Law Review Information
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B.C. Privacy Bill Receives Royal Assent

British Columbia's privacy legislation has received royal assent. It is now S.B.C. 2003, c. 63. The law takes effect on January 1, 2004. see: Final bill also see: Canadian Privacy Law Review Information
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Hackers Using Trojan Defence

Professor Geist is quoted in a Reuters article that notes that prosecutors looking for convictions against accused computer hackers have come across a legal defence expected to become even more widespread -- namely that the computer committed the crime and not the hacker. see: Hackers Defence: The Computer Did It also see: Canadian Privacy Law Review Information
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Q + A on Internet Law Issues

CNET features a Q + A with Professor Geist on a range of Internet law issues including digital copyright law in Canada, spam, and privacy law enforcement. see: Cyberpiracy North of the Border also see: Canadian Privacy Law Review Information
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More on McGill Turnitin.com Controversy

The McGill Turnitin.com controversy heads down under as the Australian media picks up on the story. Professor Geist is quoted commenting on the associated copyright implications. see: Ethical Query in Online Check also see: Canadian Privacy Law Review Information
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Exporting Copyright

Professor Geist's regular Toronto Star Law Bytes columns (Toronto Star version, HTML backup article, homepage version) focuses on the growing importance of trade agreements to the formulation of copyright policy. The column notes that the U.S. has begun to export its copyright policy through a push for stronger copyright protections in its bi-lateral trade agreements. Developing countries readily agree as the inclusion of stronger copyright protections is seen as a costless choice, while developed countries are willing to treat copyright protection as little more than a bargaining chip as part of a broader negotiation. 

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