Articles by: Michael Geist

Internet Surveillance Bill is Dead but Canada’s Telecom Transparency Gap is Alive and Well

The government’s recent decision to kill its online surveillance legislation marked a remarkable policy shift. The outcry over the plan to require Internet providers to install surveillance capabilities within their networks and to disclose subscriber information on demand without court oversight sparked an enormous backlash, leading to the tacit acknowledgment that the proposal was at odds with public opinion.

While many Canadians welcomed the end of Bill C-30, my weekly technology law column (Toronto Star version, homepage version) notes the year-long battle over the bill placed the spotlight on an ongoing problem with the current system of voluntary disclosure of subscriber information: Internet providers and telecom companies disclose customer information to law enforcement tens of thousands of times every year without court oversight.

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February 26, 2013 — 10 comments — Columns

Internet Surveillance Bill is Dead but Canada’s Telecom Transparency Gap is Alive and Well

Appeared in the Toronto Star on February 23, 2013 as Canada’s Telecom Transparency Gap is Alive and Well The government’s recent decision to kill its online surveillance legislation marked a remarkable policy shift. The outcry over the plan to require Internet providers to install surveillance capabilities within their networks and […]

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February 26, 2013 — Comments are Disabled — Columns Archive

Will Anyone Blink First? Canada – EU Trade Agreement Appears to Hit a Stalemate

Canadian and European officials traded public barbs yesterday over the inability to finalize the Canada – EU Trade Agreement. EU Trade Commissioner Karel De Gucht said unless Canada makes some additional steps, there will be no deal. Canadian officials responded that Europe has yet to meet Canada’s core concerns.  The comments come after a ministerial meeting this month was unable to yield an agreement. De Gucht and Canadian International Trade Minister Ed Fast met in Brussels in November 2012, but those talks failed to solve the outstanding issues. The two ministers met again in Ottawa two weeks ago with a similar result.

While officials continue to put a brave face on the talks, the latest comments suggest mounting frustration at the unwillingness of either side to cave on key issues in order to strike a deal. The major remaining issues have been the same for months: agriculture, patent protection for pharmaceutical companies, investor access and protection, public procurement, automotive issues, and cultural protections.  Indeed, these issues were identified years ago as the major areas of disagreement (copyright was initially on this list but the defeat of ACTA removed it as an issue). 

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February 22, 2013 — 6 comments — News

Ontario Court of Appeal Permits Warrantless Search of Cellphone Without Password Protection

In a surprising and troubling decision, the Ontario Court of Appeal has permitted a police search of a cellphone that was not password protected or locked during the course of an arrest.  The court found that the police had a reasonable belief that the phone might contain relevant evidence and […]

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February 22, 2013 — 19 comments — News

Is the Road to Music Success Paved with Spam? Canada’s Music Lobby Apparently Thinks So

The business opposition to Canada’s anti-spam legislation has added an unlikely supporter: the Canadian Recording Industry Association, now known as Music Canada. The organization has launched an advocacy campaign against the law, claiming that it “will particularly hurt indie labels, start-ups, and bands struggling to build a base and a career.” Music Canada is urging people to tweet at Canadian Heritage Minister James Moore to ask him to help bands who it says will suffer from anti-spam legislation.

Yet Music Canada’s specific examples mislead its members about the impact of the legislation. The organization offers seven examples posted below in italics (my comments immediately follow):

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February 21, 2013 — 5 comments — News
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