Articles by: Michael Geist

Why CSEC and CSIS Should the Subject of an Independent Investigation

Months of surveillance-related leaks from U.S. whistleblower Edward Snowden have fuelled an international debate over privacy, spying, and Internet surveillance. The Canadian-related leaks – including disclosures regarding spying on the Brazilian government and the facilitation of spying at the G8 and G20 meetings hosted in Toronto in 2010 – have certainly inspired some domestic discussion. Ironically, the most important surveillance development did not involve Snowden at all.

My weekly technology column (Toronto Star version, homepage version) notes that late last year, Justice Richard Mosley, a federal court judge, issued a stinging rebuke to Canada’s intelligence agencies (CSEC and CSIS) and the Justice Department, ruling that they misled the court when they applied for warrants to permit the interception of electronic communications. While the government has steadfastly defended its surveillance activities by maintaining that it operates within the law, Justice Mosley, a former official with the Justice Department who was involved with the creation of the Anti-Terrorism Act, found a particularly troubling example where this was not the case.

January 8, 2014 — 7 comments — Columns

Why CSEC and CSIS Should Be Subject of an Independent Investigation

Appeared in the Toronto Star on January 4, 2013 as CSIS Should Be Subject of Independent Investigation Months of surveillance-related leaks from U.S. whistleblower Edward Snowden have fuelled an international debate over privacy, spying, and Internet surveillance. The Canadian-related leaks – including disclosures regarding spying on the Brazilian government and […]

January 8, 2014 — 4 comments — Columns Archive

Technology and the Law in 2014: 14 Questions in Need of Answers

The coming year is likely to be a very significant one for law and technology. As the year unfolds, my recent law and technology column (Toronto Star version, homepage version) lists 14 questions (along with possible answers) that will go a long way to determining the path of Canadian technology law policy.

1. Will the government finally unveil a national digital strategy?

The long-promised national digital strategy could become a reality in 2014 after years of inaction. Industry Minister James Moore is on the verge of clearing out the lingering policy issues he inherited and may be ready to set his own path on a digital strategy.

2. Will the wireless spectrum auction be judged a failure?

The contentious wireless spectrum auction should take place early in 2014, but with few, if any, new competitors, the auction seems destined to do little more than entrench the status quo.

January 7, 2014 — 1 comment — Columns

Technology and the Law in 2014: 14 Questions in Need of Answers

Appeared in the Toronto Star on December 28, 2013 as Questions in Need of Answers The coming year is likely to be a very significant one for law and technology. As the year unfolds, here are 14 questions (along with possible answers) that will go a long way to determining […]

January 7, 2014 — Comments are Disabled — Columns Archive

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

With Edward Snowden and the great wireless war of 2013 leading the way, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2013 from A to Z:

A is for Americangirl.ca, a Canadian domain name that was the subject of two dispute claims in 2013. The popular doll company relied on a quirk in the policy that permitted a follow-up complaint after its first case was rejected.

B is for Bell TV, which a federal court ordered to pay $20,000 for violating the privacy of a customer. The case arose when Bell TV surreptitiously obtained permission to run a credit check by including it as a term in its rental agreement without telling the customer.

C is for the Competition Bureau of Canada, which launched an investigation into alleged anti-competitive practices by search giant Google.

December 29, 2013 — 3 comments — Columns