Last month, I had the honour of speaking at the Pathways to Privacy Symposium, a privacy event sponsored by the Privacy Commissioner of Canada and hosted by the University of Ottawa. The event featured many excellent presentations (the full seven hours can be viewed here). My talk focused on the recent emphasis on the need to improve oversight, a common refrain in reaction to both the Snowden surveillance revelations and Bill C-51, the anti-terrorism bill. While better oversight is necessary, I argue that it is not sufficient to address the legal shortcomings found in both Canada’s surveillance legislation and Bill C-51. The full talk (which unfortunately has slightly delayed sound) can be viewed here or below.
Articles by: Michael Geist
Don’t Go Changing: The Canadian Broadcaster Fight Against Legal and Regulatory Reform
Throughout the Canadian Radio-television and Telecommunications Commission TalkTV hearing, Canadian broadcasters such as Bell (CTV), Rogers (CITY), and Shaw (Global), tried to assure Canada’s regulator that they were ready to embrace the digital future and prepared for regulatory change. Yet in recent weeks, it has become increasingly apparent that Canadian broadcasters plan to fight change every step of the way.
The effort to keep core business models intact are sometimes obvious. For example, new services such as Shomi and CraveTV are often characterized as Netflix competitors, but given their linkage to a conventional cable or satellite television subscription, are a transparent attempt to persuade consumers to retain existing services and not cut the cord. The viability of those services remains to be seen, but more interesting are the regulatory and legal fights, where Canadian broadcasters are waging an ongoing battle against change.
Bell Media leads the way with the two legal challenges against recent CRTC decisions. Yesterday it asked the Federal Court of Appeal to overrule the CRTC on its decision to ban simultaneous substitution from Super Bowl broadcasts starting in 2017. The Bell motion for leave to appeal strikes me as weak:
Secret Memo Reveals RCMP Records on Requests for Subscriber Data “Inaccurate and Incomplete”
Last fall, Daniel Therrien, the government’s newly appointed Privacy Commissioner of Canada, released the annual report on the Privacy Act, the legislation that governs how government collects, uses, and discloses personal information. The lead story from the report was the result of an audit of the Royal Canadian Mounted Police practices regarding warrantless requests for telecom subscriber information.
The audit had been expected to shed new light into RCMP information requests. Auditors were forced to terminate the investigation, however, when they realized that Canada’s national police force simply did not compile the requested information. When asked why the information was not collected, RCMP officials responded that its information management system was never designed to capture access requests.
While that raised serious concerns – the RCMP has since promised to study mechanisms for reporting requests with recommendations expected in April – my weekly technology law column (Toronto Star version, homepage version) reports that documents recently obtained under the Access to Information Act reveal that the publicly released audit results significantly understated the severity of the problem. Indeed, after the draft final report was provided to the RCMP in advance for comment, several of the findings were toned down for the public release.
RCMP Records on Requests for Subscriber Data “Inaccurate and Incomplete”
Appeared in the Toronto Star on February 28, 2015 as RCMP Records Called ‘Incomplete and Inaccurate’ in Memo Last fall, Daniel Therrien, the government’s newly appointed Privacy Commissioner of Canada, released the annual report on the Privacy Act, the legislation that governs how government collects, uses, and discloses personal information. […]
Rogers Executive Calls on Canadian Government to Shut Down VPNs
The Content Industry Connect conference, which was held in Toronto yesterday, featured a panel of leading television executives from Bell, the CBC, Corus, Rogers, and Shaw Media. Several people were live-tweeting the event when a comment from Rogers Senior Vice President David Purdy caught my eye. According to Kelly Lynne Ashton, a media policy expert, Purdy called on the Canadian government to shut down the use of virtual private networks:
Recent Posts
Government Enacts Political Party Anti-Privacy Rules With Bill C-4 Royal Assent Sprint 
A Tale of Two Bills: Lawful Access Returns With Changes to Warrantless Access But Dangerous Backdoor Surveillance Risks Remain 
Words Are Not Enough: Countering Relentless Antisemitic Violence in Canada With Action 
The Law Bytes Podcast, Episode 260: What the Government Didn’t Want You To Hear About Bill C-4 And Its Weak Political Party Privacy Rules 
Why the Online Harms Act is the Wrong Way to Regulate AI Chatbots
