Post Tagged with: "safe harbour"

internet is freedom of speech by pgrandicelli BEE FREE (CC BY-NC-SA 2.0) https://flic.kr/p/6F5Cu1

Canada’s Missing Internet Provision: Why NAFTA Offers the Chance to Establish Long Overdue Online Speech Safeguards

During the earliest days of the commercial Internet, the United States enacted the Communications Decency Act, legislation designed to address two concerns with the rapidly growing online world: the availability of obscene materials and the liability of Internet services hosting third party content. While the obscenity provisions in the 1996 law were quickly struck down as unconstitutional by the U.S. Supreme Court, the liability rules emerged as a cornerstone of U.S. Internet policy.

The rules, which many regard as the single most important legal protection for free speech on the Internet, establish a safe harbour that ensures online services are not liable for the content posted by their users. My Globe and Mail op-ed notes that over the past two decades, the CDA Section 203(c) provision has been used by every major Internet service – from Google to Amazon to Airbnb – to ensure that courts, not private companies, determine what is lawful and permitted to remain online.

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December 1, 2017 2 comments Columns
Knowledge Nation 100 Luncheon by Rick Stevens (CC BY-ND 2.0) https://flic.kr/p/BkAGPN

The Trouble with the TPP, Day 14: No U.S. Assurances for Canada on Privacy

The Trouble with the TPP series focus on privacy has thus far examined weak privacy laws, restrictions on data localization requirements, and a ban on data transfer restrictions. The data transfer restriction post cited one of my recent technology law columns in concluding that the net effect of a recent European privacy case and the TPP provisions is that Canada could end up caught in a global privacy battle in which Europe restricts data transfers with Canada due to surveillance activities and the TPP restricts Canada’s ability address European concerns.

Interestingly, at least one TPP country identified the potential risk of a clash between European privacy rules and the TPP. Australia obtained a side letter with the United States that largely addresses the concern. The letter states:

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January 21, 2016 5 comments News