Columns

push to reset by voodooangel (CC BY-NC 2.0) https://flic.kr/p/4oPLvE

New Year Offers Chance to Hit Reset Button on Digital Policies

A new year is traditionally the time to refresh and renew personal goals. The same is true in the digital policy realm, where despite the conclusion of lawful access, anti-counterfeiting, and anti-spam rules in 2014, many other issues in Canada remain unresolved, unaddressed, or stalled in the middle of development.

With a new year – one that will feature a federal election in which all parties will be asked to articulate their vision of Canada’s digital future – there is a chance to hit the policy reset button on issues that have lagged or veered off course.

There is no shortage of possibilities, but my weekly technology law column (Toronto Star version, homepage version) notes the following four concerns should be top of mind for policy makers and politicians:

January 5, 2015 — 5 comments — Columns

Alphabet Soup II by Chrissy Wainwright (CC BY-NC 2.0) https://flic.kr/p/zCyMp

The Letters of the Law: 2014 in Tech Law and Policy

With revelations about millions of warrantless requests for Internet and telecom subscriber information and heated battles over the potential regulation of Netflix leading the way, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) offers a look back at 2014 from A to Z:

A is for Amanda Todd, the cyber-bullying victim whose name was regularly invoked by the government to support Bill C-13, its lawful access/cyberbullying bill. The bill passed despite Amanda’s mother Carol raising privacy concerns and not receiving an invitation to appear before the Senate committee studying it.

B is for Bell’s targeted advertising program that involves the use of consumer location and browsing habits. The program was the target of multiple complaints to the Privacy Commissioner of Canada.

December 29, 2014 — 3 comments — Columns

Copyrighted button by ntr23 (CC BY-NC-SA 2.0) https://flic.kr/p/7jvE7i

Notice the Difference? New Canadian Internet Copyright Rules for ISPs Set to Launch

The longstanding debate over how Internet providers should respond to allegations of copyright infringement by their subscribers was resolved in Canada several years ago with the adoption of a “notice and notice” system. Unlike countries that require content takedowns without court oversight or even contemplate cutting off subscriber Internet access, the Canadian approach, which has operated informally for over a decade but will kick in as the law in 2015, seeks to balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet providers.

The result is a system that has proven effective in raising public awareness about copyright, while safeguarding the identities of Internet subscribers, providing legal certainty to Internet providers, and leaving potential legal actions to the courts.

December 22, 2014 — 74 comments — Columns

You Are Under Surveillance by Matt Katzenberger (CC BY-NC-SA 2.0) https://flic.kr/p/6JBjhQ

Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

My weekly technology law column (Toronto Star version, homepage version) notes the surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill. Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.

December 15, 2014 — 20 comments — Columns

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Why Canada’s Communication Policy Misses the Forest for the Trees

The Canadian Radio-television and Telecommunications Commission wrapped up its third major hearing in as many months last week, focusing on the wholesale market for broadband Internet services. Coming on the heels of the earlier hearings on broadcast television regulation (the “TalkTV” hearing that was highlighted by a showdown with Netflix) and wholesale wireless services, the proceedings followed a familiar script.

The incumbent providers urged the Commission to resist regulating access, claiming a competitive market exists with few barriers to new competitors. Meanwhile, independent Internet providers pointed to their relatively small share of the current broadband market and warned that failure to mandate access for faster fibre connections to the home would effectively eliminate future competition as Canadians gravitate to services offering faster speeds.

While it will take some time for the CRTC to issue its decisions in all three cases (the broadcast decision is expected before the end of the year), it is not too early to declare the entire system broken. The CRTC – Netflix battle prompted many to conclude that the Commission was a relic of the past, unable to adapt to the disruptions facilitated by the Internet. Yet the Commission’s difficulty dealing with the fast-moving changes throughout the communications sector is chiefly the result of an outdated regulatory structure that misses the proverbial forest for the trees.

December 9, 2014 — 6 comments — Columns