Columns

Lawful Access Returns Under the Cover of Cyber-Bullying Bill

In February 2012, then-Public Safety Minister Vic Toews introduced Internet surveillance legislation that sparked widespread criticism from across the political spectrum. The overwhelming negative publicity pressured the government to quickly backtrack by placing Bill C-30 on hold. Earlier this year, then-Justice Minister Rob Nicholson announced that the bill was dead, confirming “we will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30.”

My weekly technology law column (Toronto Star version, homepage version) notes that Nicholson’s commitment lasted less than a year. Last week, Peter MacKay, the new federal justice minister, unveiled Bill C-13, which is being marketed as an effort to crack down on cyber-bullying. Yet the vast majority of the bill simply brings back many (though not all) lawful access provisions found in Bill C-30.

November 27, 2013 — 2 comments — Columns

Leaked TPP Text Confirms Countries Had Plenty to Hide

The Trans Pacific Partnership Agreement, a massive proposed trade deal that includes Canada, the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile, has long been the target of criticism owing to the veil of secrecy associated with the draft text. While negotiations have been ongoing for several years, participating countries have steadfastly refused to release the working text that addresses everything from agriculture to copyright, claiming that trade talks must be conducted behind closed doors.

Last week, Wikileaks released a leaked version of the intellectual property chapter, which confirmed that the U.S. hopes to use the agreement to export extreme intellectual property provisions that are out-of-step with international norms. Indeed, the 95-page document validates fears that the real reason for the TPP secrecy is that the negotiating countries have plenty to hide.

My weekly technology law column (Toronto Star version, homepage version) notes that while many of the leaked proposals are cause for concern, the good news is that Canada often finds itself opposing some of the most draconian demands with negotiators promoting Canadian law as a suitable alternative.

November 19, 2013 — 5 comments — Columns

New Risks Emerge as Anti-Counterfeiting Bill Placed on the Legislative Fast Track

The government’s anti-counterfeiting legislation, which died over the summer when the Conservatives hit the parliamentary reset button, is now back on the legislative fast track. Industry Minister James Moore quickly re-introduced the bill last month and speedily sent it to the Industry Committee for review (I appeared before the committee last week).

That review has revealed that the numerous new border measures envisioned by the bill, including seizure powers without court oversight, fall short of the demands of intellectual property lobby groups. Those groups intend to use the committee hearings to seek further expansion of border seizures and to shift more enforcement costs to the public.

My weekly technology law column (Toronto Star version, homepage version) notes that since virtually everyone is opposed to harmful counterfeiting – particularly when fake goods create health and safety risks – it is unsurprising that the bill appears to enjoy all-party support. The focal point of the bill is that it grants customs officials broad new powers without court oversight. Officials will be required to assess whether goods entering or exiting the country infringe any copyright or trademark rights. Should a customs official determine that there is infringement, the goods may be seized and prevented from entering the country.

November 12, 2013 — 5 comments — Columns

Statscan Data Points to Canada’s Growing Digital Divide

Statistics Canada released its bi-ennial Internet use survey last week and while much of the immediate reaction focused on the continuing growth of Internet use (due largely to increased usage by those aged 65 and older), my weekly technology law column (Toronto Star version, homepage version) argues the bigger story is the ongoing Canadian digital divide that confirms the strong link between household income and Internet use.

Statscan reports that 83 per cent of Canadians use the Internet, yet a closer examination of the data reveals a significant gap that is closely correlated to income. Moreover, the data also shows that Canada’s high wireless prices now play a role in the digital divide, with only a quarter of lower-income Canadians using Internet wireless services.

November 5, 2013 — 5 comments — Columns

Is Bell’s Plan to Monitor and Profile Canadians Legal?

Last week, Bell announced plans to implement new consumer monitoring and profiling practices that would greatly expand how it uses the information it collects on millions of subscribers. The planned scope of Bell’s profiling is unprecedented in Canada, reflecting the power of a vertically-integrated media giant to effortlessly track their customers’ location, media habits, search activity, website interests, and application usage.

My weekly technology law column (Toronto Star version, homepage version) notes the Bell plan generated a significant public backlash with the Privacy Commissioner of Canada launching an immediate investigation. Yet the company steadfastly defended its plans, saying that users are supportive of the new policy and maintaining that it is fully compliant with Canadian law.

October 29, 2013 — 20 comments — Columns