Blog
Senate Bill Would Grant Government Regulatory Power to Mandate Age Verification For Search, Social Media and AI Services Accompanied By Threat of Court Ordered Blocking of Lawful Content
The return of mandated age verification legislation in the Senate – formerly Bill S-210 and now S-209 – has been working its way through a Senate committee with a wide range of witnesses appearing over the past two weeks. I wrote about the new bill in late May, noting that there were some improvements, including an exclusion of sites that “incidentally and not deliberately is used to search for, transmit, download, store or access content that is alleged to constitute pornographic material”. However, I argued that the bill still raised concerns, including the privacy implications of mandated age verification technologies and the establishment of website blocking requirements that would block access to lawful content in Canada. I will be appearing before the committee later this month, but discussion last week at committee merits immediate comment.
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill
The government today reversed course on its ill-advised anti-privacy measures in Bill C-2, introducing a new border bill with the lawful access provisions (Parts 14 and 15) removed. The move is welcome given the widespread opposition to provisions that would have created the power to demand warrantless access to information from any provider of a service in Canada and increased the surveillance on Canadian networks. The sheer breadth of this proposed system was truly unprecedented and appeared entirely inconsistent with Supreme Court of Canada jurisprudence and the Charter of Rights and Freedoms. That was the immediate reaction when the bill was tabled in June (my posts here, here, here, here, here, here, and here. Law Bytes podcasts on the topic here, here, and here) and there was never a credible response forthcoming from government officials. Indeed, if anything, meetings with department officials made plain that this was an embarrassingly rushed, poorly drafted piece of legislation that required a reset.
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance
Last month, federal privacy commissioner Philippe Dufresne, alongside his provincial privacy counterparts from Quebec, Alberta, and British Columbia, released the results of a multi-year investigation into TikTok’s privacy practices. As my Hub opinion piece notes, the outcome was never really in doubt—look under the hood of any social media company and you will find some privacy concerns—but what was both surprising and risky was the commissioner’s demand that TikTok engage in increased surveillance of its users in the name of better privacy practices.
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information
The return of the House of Commons from the summer break brings with it a resumption of debate on government bills. Topping the list this week is Bill C-2, the omnibus border measures bill, that buries dangerous lawful access provisions that open the door to warrantless access to personal information and increased surveillance capabilities in Canadian networks. I wrote multiple posts on the privacy concerns before the summer (here, here, here, here, here, and here), expressing concern not only with the substantive provisions but also with a bill that combines everything from border measures to restrictions on cash transactions to warrantless access for law enforcement to personal information. The risk is that no issue will get sufficient attention as major issues get lost among the myriad of disparate provisions. For that reason, the lawful access provisions in Parts 14 and 15 in the bill should be removed and contained, if at all, within a separate bill.
Grocery Shopping While Jewish
In my family, it was always the “kosher Loblaws.” Featuring Ottawa’s only large kosher food section, the Loblaws location at College Square in the west end of the city is our destination several times per week for everything from groceries, to prescription refills, to challah bread for Shabbat. My Globe and Mail opinion piece published this weekend notes that as the only such store in Ottawa, it serves as both a place to see familiar faces and a reminder of the small size of the Jewish community here.
Last week, a 71-year-old man from Cornwall, Ont., is alleged to have entered the store and stabbed a Jewish grandmother multiple times in the back. The grandmother, well known in the Jewish community here, is thankfully now at home recovering. But the initial fears that this might be an antisemitic attack appear to have been borne out, as a review of the alleged attacker’s social media feed reveals a steady stream of antisemitic hate stretching back years. On Friday, Ottawa police announced they will be investigating the incident as a hate-motivated crime.
For the Jewish community, this means yet more security measures as grocery stores get added to a list that now includes synagogues, community events, schools, senior homes and campus lectures – a growing number of places requiring added security and secrecy to keep the community protected. For individuals, it means rethinking placing mezuzahs on the outside of doors, wearing a kippah or Star of David, or participating in Jewish events, given fears of heightened safety risks. The cumulative effect is the gradual erasure of a visible Jewish presence in Canada.
Recent Posts
Senate Bill Would Grant Government Regulatory Power to Mandate Age Verification For Search, Social Media and AI Services Accompanied By Threat of Court Ordered Blocking of Lawful Content 
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill 
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance 
The Law Bytes Podcast, Episode 245: Kate Robertson on Bill C-2’s Cross-Border Data Sharing Privacy Risks 
The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law
