Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

internet by j f grossen (CC BY-NC 2.0) https://flic.kr/p/4obWYe

All About the Internet: My Submission to the Broadcasting and Telecommunications Legislative Review Panel on the Future of Canadian Communications Law

The deadline for submissions to the Broadcasting and Telecommunications Legislative Review Panel closed on Friday with a handful of organizations such as the CRTC, CBC, and Friends of Canadian Broadcasting posting their submissions online. My full submission can be found here.  I argue that Canada’s regulatory approach should be guided by a single, core principle: communications policy, whether telecommunications or broadcasting, is now – or will soon become –  Internet policy. This emerging communications world is mediated through the Internet and communications regulatory choices are therefore fundamentally about regulating or governing the Internet. My submission identifies four goals that should guide Canadian communications law and regulation:

1.    Universal, affordable access to the network
2.    Level regulatory playing field
3.    Regulatory humility
4.    Fostering competitiveness in the communications sector

The executive summary on each of the four issue is posted below, followed by a list of 23 recommendations contained in the submission. In the coming days, I’ll have posts that unpack some of the key issues.

Read more ›

January 14, 2019 1 comment News
Privacy Please by ricky montalvo (CC BY-ND 2.0) https://flic.kr/p/8RF3Ez

A Failure of Enforcement: Why Changing the Law Won’t Fix All That Ails Canadian Privacy

Canadian Privacy Commissioner Daniel Therrien renewed his call for an overhaul of Canada’s private-sector privacy legislation this week. Responding to a national data consultation launched by Innovation, Science and Economic Development Minister Navdeep Bains, Therrien recommended enacting a new law that would include stronger enforcement powers, meaningful consent standards and the extension of privacy regulations to political parties. My Globe and Mail op-ed argues that while the need for a modernized privacy statute has been evident for some time, Canada’s privacy shortcomings are not limited to a decades-old legal framework struggling to keep pace with technological change.

Read more ›

December 7, 2018 7 comments Columns
Google Search Engine CC0 Creative Commons https://pixabay.com/en/google-search-engine-76522/

Does Canadian Privacy Law Apply to Google Search?

Last week, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” issue. Yet a careful read of the application reveals that the case isn’t about the right to be forgotten. Rather, it involves a far more basic issue: is Google’s search engine service subject to PIPEDA, Canada’s private sector privacy law? The case arises due to a right-to-be-forgotten complaint (a complainant wants search results referencing news articles they say are outdated, inaccurate, and disclose sensitive information removed from the Google search index), but the court is not being asked whether the current law includes a right-to-be-forgotten. Instead, the very application of Canadian privacy law to Google search is at stake.

Read more ›

October 16, 2018 8 comments News
cloud_computing-1 by Lou Gold (CC BY-NC 2.0) https://flic.kr/p/7PBavj

How Canada Surrendered Policy Flexibility for Data Localization Rules in the USMCA

The digital policy implications of the USMCA have attracted increasing attention as Canadians consider the risks that the agreement could limit future policy flexibility. In particular, the agreement restricts the use of data localization, an increasingly popular legal method for addressing public interest concerns associated with the collection of online information by mandating that data be stored within the local jurisdiction. Restrictions on data localization are not entirely new to Canada, since similar provisions are found in the CPTPP (the successor to the Trans Pacific Partnership). That means that Canada has already agreed to limits on data localization with or without the USMCA. However, the USMCA’s data localization provision differs in a significant way, suggesting that the Canadian government has agreed to an even more restrictive approach than that found in the CPTPP.

Read more ›

October 10, 2018 6 comments News
Display Binary Bytes Code by Markus Spiske / ffcu.io  Creative Commons Zero – CC0 – Public Domain

Setting the Standard?: How the USMCA Quietly Reshapes Global Digital Trade Agreements

The United States-Mexico-Canada Agreement (USMCA) is more than just an updated version of the North American Free Trade Agreement. With the inclusion of a digital trade chapter, the deal sets a new standard for e-commerce that seems likely to proliferate in similar agreements around the world. My Washington Post op-ed notes that negotiators have touted the benefits of addressing modern forms of commerce, but the reality is that the USMCA digital trade chapter raises many concerns, locking in rules that will hamstring online policies for decades by restricting privacy safeguards and hampering efforts to establish new regulation in the digital environment.

Read more ›

October 4, 2018 3 comments Columns