News

prism privacy by Eric Slatkin (CC BY-NC-SA 2.0) https://flic.kr/p/eSQeNV

Why The Anti-Terrorism Bill is Really an Anti-Privacy Bill: Bill C-51’s Evisceration of Privacy Protection

“The first and main concern is the privacy issue…since the information is to be shared by different levels of government and different governmental bodies. There is a risk that privacy can be compromised. The more information is transferred and shared, the greater the risk of security of the information.

Nearly twenty years ago, that was Stephen Harper, then a Reform Party MP warning against the privacy implications of an electronic voter registry and the fear that information sharing within government raised significant privacy concerns. Today, there is a very different Stephen Harper, who as Prime Minister is fast-tracking a bill that eviscerates privacy protections within the public sector.  Much of the focus on Bill C-51 has related to oversight: the government implausibly claims that it increases oversight (it does not), the Liberals say they support the bill but would like better oversight, and much of the NDP criticism has also centered on oversight. Yet with respect to privacy and Bill C-51, lack of oversight is only a part of the problem.

Read more ›

March 12, 2015 35 comments News
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Fixing the Digital Privacy Act: My Bill S-4 Appearance Before the Industry Committee

Yesterday I appeared before the Standing Committee on Industry, Science and Technology to discuss Bill S-4, the Digital Privacy Act. The discussion focused on a wide range of concerns, including the shortcomings in the security breach disclosure rules and the need for greater enforcement powers for the Privacy Commissioner of Canada. Metro News covered the appearance.  My opening remarks are posted below.  I’ll link to the full transcript once available.

Read more ›

March 11, 2015 Comments are Disabled Committees, News
Surrender by Jess (CC BY-NC-ND 2.0) https://flic.kr/p/dSCDrf

Raising the Broadcast White Flag: What Lies Behind Bell’s Radical Plan to Raise TV Fees, Block Content, Violate Net Neutrality & Fight Netflix

Kevin Crull, Bell Media’s President delivered a much-anticipated keynote speech at the Prime Time in Ottawa conference on Friday. Titled “The New Reality: Broadcasting in Canada”, Crull’s claim was that the new reality for broadcasting in Canada is unsustainable and requires massive regulatory change. While Crull argued that Bell doesn’t want protection (in fact, incredibly claimed that a company that has benefited from foreign investment restrictions, genre protection, and simultaneous substitution has never had protection), he proceeded to outline a series of radical reforms that would raise television fees, block access to U.S. channels, violate net neutrality rules, and make Netflix less attractive to consumers. Couched in terms of “level playing fields” and “secure rights markets”, the speech was fundamentally an admission that given the competitive challenges, Bell’s hope is for a regulatory overhaul.

The key slide within the presentation can be found here. Crull certainly spoke about creating great content, though on the previous day Bell executives cautioned against programs that are “too Canadian.” The major focus of Crull’s talk wasn’t on content creation – the overwhelming majority of Bell Media’s leading programs are licensed from U.S. broadcasters – but rather on proposed changes to the regulatory framework.

Read more ›

March 9, 2015 27 comments News
Beware of copyrights, etc. by Spushnik (CC BY-NC-SA 2.0) https://flic.kr/p/4YAzWn

Misuse of Canada’s Copyright Notice System Continues: U.S. Firm Sending Thousands of Notices With Settlement Demands

The launch of the Canadian copyright notice system earlier this year raised serious concerns as Rightscorp, a U.S.-based anti-piracy company, sent notices that misstated Canadian law and demanded that users pay to settle claims. The misuse of the Canadian system was the result of the government’s failure to establish regulations prohibiting misleading content or the use of notice-and-notice to demand settlements.  Despite more than a year of work on potential regulations – including possible costs to rights holders for sending notifications – Industry Minister James Moore abandoned the process, implementing the system with no costs, no limitations on notice content, no restrictions on settlement demands, and no sanctions for the inclusion of false or misleading information. The government’s backgrounder says that the law “sets clear rules on the content of these notices”, however, it does not restrict the ability for rights holders to include information that goes beyond the statutory minimum.

The furor over the Rightscorp notices died down in recent weeks, but now another U.S. anti-piracy firm is flooding the Canadian market with thousands of notices, all seeking payment for alleged infringements. CEG TEK, a well-known U.S. firm, is sending notices that reference Canadian copyright law, but use the notice-and-notice system to pressure recipients into paying large settlements. A blog reader sent along a sample notice posted below (TekSavvy has posted a similar one they received).

Read more ›

March 5, 2015 88 comments News
Privacy is not a Crime by Jürgen Telkmann (CC BY-NC 2.0) https://flic.kr/p/pDmshR

Why Watching the Watchers Isn’t Enough: My Talk on Privacy, Snowden & Bill C-51

Last month, I had the honour of speaking at the Pathways to Privacy Symposium, a privacy event sponsored by the Privacy Commissioner of Canada and hosted by the University of Ottawa. The event featured many excellent presentations (the full seven hours can be viewed here). My talk focused on the recent emphasis on the need to improve oversight, a common refrain in reaction to both the Snowden surveillance revelations and Bill C-51, the anti-terrorism bill.  While better oversight is necessary, I argue that it is not sufficient to address the legal shortcomings found in both Canada’s surveillance legislation and Bill C-51. The full talk (which unfortunately has slightly delayed sound) can be viewed here or below.

Read more ›

March 4, 2015 3 comments News, Video