The lawful access debate in Canada has to date focused on privacy concerns such as access to subscriber information, mandatory metadata retention, and international production orders. But there is another dimension to Bill C-22 that has received less attention and may matter even more to the daily security of Canadians: the risk that the bill’s surveillance-capability requirements and lack of clarity about systemic vulnerabilities will make Canadians less secure. The international experience with similar laws is not reassuring, as it points to risks of hacking, removal of security features that protect users, and reduced investment and innovation. Bill C-22 heads in much the same direction.
Latest Posts
Why the Verdict on Social Media Defective Design Harming Children Gets the Instinct Right But the Law Wrong
A California jury’s decision last week to hold Meta and YouTube liable for harms to a young woman’s mental health has been greeted as a watershed moment. Child safety advocates have called it Big Tech’s “Big Tobacco moment.” Parents who lost children to what they attribute to social media addiction embraced outside the courthouse. Commentators who have long argued that social media companies bear responsibility for the damage their services inflict on young users see the verdict as vindication.
My Globe and Mail op-ed notes that the instinct behind the decision is understandable. The evidence at trial was damning, as internal Meta documents showed the company knew Instagram was harming adolescents but continued targeting them anyway. But the legal theory the jury endorsed – that social media platforms are defectively designed products – is the wrong tool for a real problem, and building on it risks undermining the very accountability the strategy seeks to deliver.
Scoping in the Tech Giants: Bill C-22’s International Production Order and the Shift to a Less Privacy-Protective Cross-Border Disclosure System
While much of the focus on lawful access and subscriber information has centred on the reduced standards for obtaining an order for such information from Canadian telecom and Internet providers, there is another new production order deserving of attention (see earlier posts on domestic subscriber information standards and mandatory metadata retention). Bill C-22 introduces a new mechanism for Canadian courts to authorize police to request subscriber information and transmission data held outside the country directly from foreign platforms such as Google, Meta, and other services that provide communications services to the public. The provision is presented as a tool to modernize cross-border investigations, but in practice, it is likely to reduce privacy safeguards.
The Law Bytes Podcast, Episode 263: The Lawful Access Act Roundtable With David Fraser and Robert Diab
Lawful access is back. The decades-long battle has entered a new phase with the introduction of Bill C-22, the Lawful Access Act. This bill follows last spring’s attempt to bury lawful access provisions in Bill C-2, a border measures bill. The latest bill covers the two main aspects of lawful access: law enforcement access to personal information held by communication service providers such as ISPs and wireless providers, and the development of surveillance and monitoring capabilities within Canadian networks.
To discuss the latest iteration of lawful access, I’m joined on the Law Bytes podcast by David Fraser and Robert Diab for a roundtable discussion of the key elements of the proposed legislation. David is one of Canada’s leading privacy lawyers and a partner with McInness Cooper in Halifax, and Robert is a law professor at Thompson Rivers University in BC and the co-author of a book on search and seizure law.
When Writing About Antisemitism Proves the Point: What the Replies Reveal
Over the past several weeks, I have written and spoken about the escalation of antisemitic violence in Canada including a Globe and Mail op-ed, a blog post after Toronto Police finally moved to restrict protests from Jewish residential streets, an interview on CBC’s The Current, and a PROC committee appearance where antisemitism was raised. In each case, I shared the piece or clip on social media (here, here, here), sparking a torrent of antisemitic vitriol that even after months of escalation leaves me stunned. I write this post not to amplify the vocal hate that fills my timeline, but to ensure that readers who might otherwise not scroll past my original posts understand what has become normalized.
Recent Posts
Could Bill C-22 Make Canadians Less Safe? The Systemic Vulnerability Gap in Canada’s New Surveillance Law 
Why the Verdict on Social Media Defective Design Harming Children Gets the Instinct Right But the Law Wrong 
Scoping in the Tech Giants: Bill C-22’s International Production Order and the Shift to a Less Privacy-Protective Cross-Border Disclosure System 
The Law Bytes Podcast, Episode 263: The Lawful Access Act Roundtable With David Fraser and Robert Diab 
When Writing About Antisemitism Proves the Point: What the Replies Reveal
