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    The Secret Lawful Access Regs: What the Gov Told the Telcos While Keeping the Public in the Dark

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    Wednesday May 23, 2012
    My post yesterday on a secret government - telecom lawful access working group attracted considerable attention with many understandably focused on the revelations that virtually all major Canadian telecom companies (with the notable exception of Shaw) actively worked with the government for months on lawful access legislation. Yet perhaps the most important document is a lawful access regulations policy document that offered guidance on plans for the extensive regulations that will ultimately accompany the Internet surveillance legislation. The specific document obtained under Access to Information is dated October 2010 and was created to support an earlier version of the lawful access bill.  However, the same government documents indicate that the policy document was provided to telecom providers last fall, including disclosure to the Canadian Network Operators Consortium in December 2011 after CNOC was at an event a month earlier with Public Safety Minister Vic Toews and expressed support for the lawful access bill.

    The regulations policy document are not the regulations per se, but rather a clear indication of planned regulations under the guise of a policy document. The document contains several key sections:

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    Is Lawful Access Dead? Not Yet.

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    Wednesday May 16, 2012
    The Globe's John Ibbitson has a column that confirms much of the private speculation about lawful access, namely that the bill is going nowhere so long as Vic Toews remains public safety minister. This is consistent with the prevailing view that Toews is so closely associated with the worst of the bill - warrantless disclosure of subscriber information, new surveillance technologies, and divisive us vs. them framing - that a change will be needed for the bill to come back. Ibbitson focuses on the likelihood of Parliament proroging before the bill is revamped and returns, yet speculating on those issues is always difficult.  What is certain is that lawful access will return at some point, meaning Canadians will need to remain vigilant to ensure that any future bill addresses the myriad of concerns associated with Bill C-30.
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    Alberta Court of Appeal Rules Portions of Privacy Law Unconstitutional

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    Tuesday May 08, 2012
    The Alberta Court of Appeal has ruled that portions of the provincial privacy statute are unconstitutional. The decision, United Food and Commercial Workers, Local 401 v Alberta (Attorney General), is online. Discussion here, here, and here.
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    Stop Me If You've Heard This One Before: Digital Economy Strategy Coming Later This Year

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    Wednesday April 25, 2012
    Industry Minister Christian Paradis spoke at the Canada 3.0 conference in Stratford yesterday, providing an update on the government's digital economy plans. Paradis trumpeted some of the measures in the budget as well as the trio of related laws - privacy reform, copyright reform, and anti-spam legislation (which he indicated he expects to take effect next year). He also noted the urban-rural divide on broadband access, which he seems to think can be addressed through rural deployment obligations in the forthcoming the spectrum auction (the final consult to be released today).

    Paradis unsurprisingly did not mention that the privacy reform, Bill C-12, has stagnated for months in the House and is increasingly viewed as inadequate, nor that the anti-spam bill became law in 2010 but has been delayed by his own department's failure to finalize the necessary regulations. Nor did he mention lawful access (Bill C-30), which will lead to increased Internet costs, or the budget cuts to the Community Access Program (which will mean a loss of access for low income Canadians), or reduced funding to CANARIE, which runs Canada's high-speed research network.

    Paradis concluded by saying the work is not done and that now the plan is to release a digital economy strategy later this year (the IIC annual conference would be a good bet). Given that the government launched its digital economy strategy consultation in May 2010, Industry Minister Clement promised the strategy by the spring of 2011 as part of an interim update in November 2010, and Paradis himself spoke about the strategy nearly a year ago, the digital economy strategy is still seemingly ensconced as the government's Penske File.
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