Columns

Privacy Takes Step Towards Global Enforcement

My weekly technology law column (Toronto Star version, homepage version) notes that last week the talk of the privacy world was news that 10 privacy and data protection commissioners – led by Canadian Privacy Commissioner Jennifer Stoddart – had released a public letter to Google CEO Eric Schmidt, expressing concern that the Internet giant was forgetting its privacy responsibilities.

The letter, also signed by the heads of privacy agencies from France, Germany, Ireland, Israel, Italy, the Netherlands, New Zealand, Spain and the United Kingdom, focused on the recent introduction of Google Buzz, a service that offered new social media capabilities. It attracted the wrath of users and privacy advocates after Google automatically assigned users a network of "followers" from among people with whom they corresponded most often on Gmail. Google quickly altered the offending features, but the damage was clearly done, as privacy commissioners from around the world used the incident as the basis for a shot across the company’s bow.

April 29, 2010 — 2 comments — Columns

Canadian Heritage Minister James Moore: The iPadLock Minister?

Since his appointment as Canadian Heritage minister in 2008, James Moore has carefully crafted an image as "Canada's iPod Minister." Young, bilingual, and tech-savvy, Moore has expressed regular support for the benefits of the Internet and is always ready with a quick "tweet" for his many followers. Yet as my op-ed in the Hill Times notes (HT version (sub required), homepage version), according to the scuttlebutt throughout the copyright community, Moore may be less iPod and more iPadlock. As the government readies its much-anticipated copyright package, Moore is said to be pressing for a virtual repeat of Bill C-61, the most anti-consumer copyright proposal in Canadian history.

Moore's about-face on copyright will come as a surprise to those who have heard his enthusiasm for new technology and the Internet. In June 2009, Moore told Industry Minister Tony Clement's Digital Economy conference that "the old way of doing things is over. These things are all now one. And it's great. And it's never been better. And we need to be enthusiastic and embrace this things."

Those comments were quickly followed by the national copyright consultation that generated thousands of responses, the majority of which called on the government to abandon the C-61 approach in favour of copyright rules that struck a better balance between the interests of creators and consumers.

April 26, 2010 — 64 comments — Columns

Open Government Moving in Parallel But Opposite Directions

Suzanne Legault, Canada’s Interim Information Commissioner, and Michael Mulley, a Montreal-based software programmer, may occupy different worlds, but my weekly technology law column (Toronto Star version, homepage version) notes that last week both placed an important spotlight on open and transparent government.

Legault is responsible for administering the Access to Information Act and last week her office warned that inadequate resources and lengthy delays were causing enormous damage to access to information rights in Canada. Legault released a 154-page report that gave below average or failing grades to the majority of the 24 government departments she reviewed.

The implication of a broken access to information system extends to virtually every policy area. For example, Canadian Heritage and Industry Canada typically lead on policies involving broadcasting and new media. While Industry Canada received a solid "B" grade, handling a 93% increase in requests relatively smoothly, the first review for Canadian Heritage Minister James Moore’s department yielded an "F" grade.

April 19, 2010 — 4 comments — Columns

The Truth About ACTA: My PublicACTA Keynote Address

As I posted over the weekend, I had the pleasure of participating in the PublicACTA conference in Wellington, New Zealand. The Wellington Declaration is a must-read, as is the extensive media coverage that ACTA has received over the past 48 hours in New Zealand (NZ PC World, National Business Review, […]

April 13, 2010 — 5 comments — Columns

State Farm Challenges Constitutionality of Canadian Privacy Law

Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power. My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.

The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet). After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.

The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.

April 5, 2010 — 6 comments — Columns