Archive for December, 2014

Alphabet Soup II by Chrissy Wainwright (CC BY-NC 2.0) https://flic.kr/p/zCyMp

The Letters of the Law: 2014 in Tech Law and Policy

With revelations about millions of warrantless requests for Internet and telecom subscriber information and heated battles over the potential regulation of Netflix leading the way, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) offers a look back at 2014 from A to Z:

A is for Amanda Todd, the cyber-bullying victim whose name was regularly invoked by the government to support Bill C-13, its lawful access/cyberbullying bill. The bill passed despite Amanda’s mother Carol raising privacy concerns and not receiving an invitation to appear before the Senate committee studying it.

B is for Bell’s targeted advertising program that involves the use of consumer location and browsing habits. The program was the target of multiple complaints to the Privacy Commissioner of Canada.

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December 29, 2014 3 comments Columns

The Letters of the Law: 2014 in Tech Law and Policy

Appeared in the Toronto Star on December 27, 2014 as Letters of the Law: The Year in Tech Policy With revelations about millions of warrantless requests for Internet and telecom subscriber information and heated battles over the potential regulation of Netflix leading the way, law and technology issues garnered headlines […]

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December 29, 2014 1 comment Columns Archive
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Notice the Difference? New Canadian Internet Copyright Rules for ISPs Set to Launch

The longstanding debate over how Internet providers should respond to allegations of copyright infringement by their subscribers was resolved in Canada several years ago with the adoption of a “notice and notice” system. Unlike countries that require content takedowns without court oversight or even contemplate cutting off subscriber Internet access, the Canadian approach, which has operated informally for over a decade but will kick in as the law in 2015, seeks to balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet providers.

The result is a system that has proven effective in raising public awareness about copyright, while safeguarding the identities of Internet subscribers, providing legal certainty to Internet providers, and leaving potential legal actions to the courts.

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December 22, 2014 74 comments Columns

Notice the Difference? New Canadian Internet Copyright Rules Set to Launch

Appeared in the Toronto Star on December 20, 2014 as New Internet copyright rules to launch The longstanding debate over how Internet providers should respond to allegations of copyright infringement by their subscribers was resolved in Canada several years ago with the adoption of a “notice and notice” system. Unlike […]

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December 22, 2014 Comments are Disabled Columns Archive
You Are Under Surveillance by Matt Katzenberger (CC BY-NC-SA 2.0) https://flic.kr/p/6JBjhQ

Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

My weekly technology law column (Toronto Star version, homepage version) notes the surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill.  Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.

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December 15, 2014 20 comments Columns