Appeared in the Toronto Star on March 29, 2014 as Internet Data Routinely Handed Over Without a Warrant The lawful access fight of 2012, which featured then-Public Safety Minister Vic Toews infamously claiming that the public could side with the government or with child pornographers, largely boiled down to public […]
Articles by: Michael Geist
Who Needs Lawful Access?: Cdn Telcos Hand Over Data on Thousands of Subscribers Without a Warrant
The debate over Bill C-13, the government’s latest lawful access bill, is set to resume shortly. The government has argued that the bill should not raise concerns since new police powers involve court oversight and the mandatory warrantless disclosure provisions that raised widespread concern in the last bill have been removed. While that is the government’s talking points, I’ve posted on how this bill now includes incentives for telecom companies and other intermediaries to disclose subscriber information without court oversight since it grants them full civil and criminal immunity for doing so. Moreover, newly released data suggests that the telecom companies don’t seem to need much of an incentive as they are already disclosing subscriber data on thousands of Canadians every year without court oversight.
This week, the government responded to NDP MP Charmaine Borg’s request for information on government agencies requests to telecom providers for customer information. The data reveals that the telecom companies have established law enforcement databases that provides ready access to subscriber information. For example, the Competition Bureau reports that it “accessed the Bell Canada Law Enforcement Database” 20 times in 2012-13. The wording may be important, since the Bureau indicates that it accessed the information, rather than Bell provided it. It is not clear what oversight or review is used before a government agency may access the Bell database.
Government of Quebec Loses Domain Name Dispute Over Quebec.com
The Government of Quebec has lost its complaint over the domain name Quebec.com. In a unanimous panel decision that included Copyright Board of Canada board member Nelson Landry, the government failed to demonstrate bad faith and raised questions about why it waited 15 years to launch a complaint.
Why the U.S. Government Isn’t Really Relinquishing its Power over Internet Governance
Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The move comes more than 15 years after it first announced plans to transfer management of the so-called IANA function, which includes the power to add new domain name extensions (such as dot-xxx) and to alter administrative control over an existing domain name extension (for example, approving the transfer of the dot-ca domain in 2000 from the University of British Columbia to the Canadian Internet Registration Authority).
My weekly technology law column (Toronto Star version, homepage version) notes the change is rightly viewed as a major development in the ongoing battle over Internet governance. Yet a closer look at the why the U.S. is embarking on the change and what the system might look like once the transition is complete, suggests that it is not relinquishing much power anytime soon. Rather, the U.S. has ensured that it will dictate the terms of any transfer and retain a “super-jurisdiction” for the foreseeable future.

Why the U.S. Government Isn’t Really Relinquishing its Power over Internet Governance
Appeared in the Toronto Star on March 22, 2014 as Why the U.S. Government Isn’t Really Relinquishing Power Over Internet Governance Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The […]