The controversial issue of lawful access rules, which address questions of police use of Internet subscriber information and interception capabilities at Canadian telecom companies, has long been played down by Canadian governments. When policy proposals first emerged in the early 2000s, the Liberal government focused on the anti-terrorism and anti-spam benefits. Subsequent Conservative proposals promoted the ability to combat child pornography, and most recently, cyber-bullying.
Yet when the Conservatives passed lawful access legislation in late 2014, it seemed that more than a decade of debate had delivered a typical Canadian compromise. The new legislation eliminated liability concerns for Internet providers who voluntarily disclose basic subscriber information and created a series of new police powers to require preservation and access to digital data.
Notwithstanding the legislative resolution and renewed legal certainty, my new tech law column at the Globe and Mail notes that Public Safety Minister Ralph Goodale has quietly revived the lawful access debate with a public consultation that raises the prospect of new rules that would effectively scrap the 2014 compromise. Ironically, the focus this time is the public demand for amendments to Bill C-51, the Conservatives’ anti-terrorism law that sparked widespread criticism and calls for reform during last year’s election campaign.
In other words, the Canadian privacy balance is being placed at risk by a policy initiative that purports to fix privacy. Read the full column here.
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Three years ago this month, Edward Snowden shocked the world with a series of disclosures that revealed a myriad of U.S. government-backed surveillance programs. The Snowden revelations sparked a global debate over how to best strike the balance between privacy and security and led to demands for greater telecom transparency.
My weekly technology law column (Toronto Star version, homepage version) notes that the initial Canadian response to the surveillance debate was muted at best. Many Canadians assumed that the Snowden disclosures were largely about U.S. activities. That raised concerns about Canadian data being caught within the U.S. surveillance dragnet, but it did not necessarily implicate the Canadian government in the activities.
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Technology law and policy continues to command the attention of the public and policy makers. My weekly technology law column (Toronto Star version, homepage version) notes that as Canada enters a new year with a new government, 2016 will be all about making tough choices on a wide range of technology law policies, including the following eight issues that are sure to generate headlines.
1. How will Bill C-51 be revamped?
Bill C-51, the Conservative government’s anti-terrorism bill, emerged as a major political issue last year as many expressed concern over the lack of oversight and the implications for privacy and civil liberties. The Liberal government has committed to reforms, but has been generally coy about what those changes will be. New accountability mechanisms will undoubtedly feature prominently in any reform package, but the substantive amendments to the bill remain a mystery.
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With new trade agreements, a new government, new court cases, and new rules governing the Internet, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2015 from A to Z:
A is for the Ashley Madison data breach, which affected millions of people and placed the spotlight on online privacy.
B is for Bill C-51, the anti-terrorism bill, which became a flashpoint political issue on striking the right balance between surveillance and civil liberties.
C is for CBC v. SODRAC, a Supreme Court of Canada decision released in November that reinforced the significance of technological neutrality in copyright. The court sided with SODRAC, a copyright collective, on the need for payment for certain uses of music but ruled that an earlier rate-setting exercise had failed to account for the technological neutrality principle.
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As the world grapples with the recent terrorist attacks in Paris, the policy implications for issues such as the acceptance of refugees and continued military participation in the fight against ISIL have unsurprisingly come to the fore. The attacks have also escalated calls to reconsider plans to reform Canadian privacy and surveillance law, a key election promise from the Trudeau government.
My weekly technology law column (Toronto Star version, homepage version) argues that despite the temptation to slow the re-examination of Canadian privacy and surveillance policy, the government should stay the course. The Liberals voted for Bill C-51, the controversial anti-terror law, during the last Parliament, but promised changes to it if elected. Even in the face of a renewed terror threat, those changes remain essential and should not have an adverse impact on operational efforts to combat terror threats that might surface in Canada.
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