Government and law enforcement justifications for warrantless access to Internet subscriber information has long been defended on the grounds that the information being demanded carries little privacy interest. The go-to claim was always that it was “phone book information”, a reference to the largely discontinued practice of printing an annual public directory that included name, address, and phone number. The problem with that argument was that the information at issue included data points such as IP addresses and device identifiers, which could be used to track users and monitor online activity without a warrant. Moreover, linking a specific user to a specific IP address or other identifier effectively unlocks the door to potentially very sensitive information that is otherwise unavailable. Indeed, there is a reason that law enforcement logged over a million warrantless requests per year for basic subscriber information prior to the Supreme Court shutting down the practice.
Blog
Privacy At Risk: Government Buries Lawful Access Provisions in New Border Bill
The government yesterday introduced the Strong Border Act (Bill C-2), legislation that was promoted as establishing new border measure provisions presumably designed to address U.S. concerns regarding the border. Yet buried toward the end of the bill are lawful access provisions that have nothing to do with the border. Those provisions, which raise the prospect of warrantless access to information about Internet subscribers, establish new global production orders of subscriber information, and envision new levels of access to data held by electronic service providers, mark the latest attempt in a longstanding campaign by Canadian law enforcement for lawful access legislation. Stymied by the Supreme Court of Canada (which has ruled that there is a reasonable expectation of privacy in subscriber data) and by repeated failures to present a compelling evidentiary case for warrantless access, law enforcement has instead tried to frame lawful access as essential to address everything from organized crime to cyber-bullying to (now) border safety. Much like the government’s overreach last year on online harms, Bill C-2 overreaches by including measures on Internet subscriber data that have nothing to do with border safety or security but raise privacy and civil liberties concerns that are bound to spark opposition. This post provides the background on lawful access and an overview of some Bill C-2’s provisions with more details on key elements to come.
Here We Go Again: Internet Age Verification and Website Blocking Bill Reintroduced in the Senate (With Some Changes)
The last Parliament featured debate over several contentious Internet-related bills, notably streaming and news laws (Bills C-11 and C-18), online harms (Bill C-63) and Internet age verification and website blocking (Bill S-210). Bill S-210 fell below the radar screen for many months as it started in the Senate and received only cursory review in the House. The bill faced only a final vote in the House but it died with the election call. This week, the bill’s sponsor, Senator Julie Miville-Dechêne, wasted no time in bringing it back. Now Bill S-209, the bill starts from scratch in the Senate with the same basic framework but with some notable changes that address at least some of the concerns raised by the prior bill (a fulsome review of those concerns can be heard in a Law Bytes podcast I conducted with Senator Miville-Dechêne).
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course
The need for fact-based, good-faith discussion and exchange to address our most challenging policy issues has never been greater. My Hub Canada op-ed notes that universities should be ideally suited for a leading role, yet in recent months, the drumbeat of intolerance has undermined their ability to do so. Last week, the well-documented rise of antisemitism and anti-Zionism on North American campuses hit home as I was conducting a global exchange that brought together students from five continents representing a remarkably diverse array of religious, political, and technical backgrounds.
Solomon’s Choice: Charting the Future of AI Policy in Canada
The decision to create a Minister for Artificial Intelligence sends an unmistakable signal that the Carney government recognizes the need to prioritize AI as a core part of its economic strategy. My Globe and Mail op-ed notes that while few doubt the importance of AI, what the federal government should do about it is far less certain. The Trudeau government emphasized both government handouts and regulation, with billions in AI spending promises on the one hand and ill-considered legislation that was out of step with global trends on the other. The result was a mish-mash of incoherent policies that left the AI sector confused, civil society frustrated and Canada at risk of being left behind.
Elevating AI to a full ministerial position suggests Prime Minister Mark Carney wants to fix the status quo, but in some ways the new office looks like an impossible job dressed up in ambition. Evan Solomon, the minister, steps into a role full of symbolism but operationally murky. Mr. Solomon may well find that cutting more cheques or introducing regulations won’t solve the issue.
Recent Posts
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk 
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4 
Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy 
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects
