News

The Shameful Canadian Silence on Surveillance

Later this morning, U.S. President Barack Obama will give a speech on U.S. surveillance activities in which he is expected to establish new limitations on the program. While the measures will likely fall well short of what many believe is necessary, it is notable that the surveillance issue has emerged as a significant political issue since the Snowden leaks and the U.S. government has recognized the need to address it. 

Reaction to the Snowden leaks in the U.S. has not been limited to political responses. In recent months, Verizon and AT&T, the two U.S. telecom giants, announced plans to issue regular transparency reports on the number of law enforcement requests they receive for customer information. The telecom transparency reports come following a similar trend from leading Internet companies such as Google, Twitter, Microsoft, and Facebook

The U.S. reaction stands in stark contrast to the situation in Canada. Canadian government officials have said little about Canadian surveillance activities, despite leaks of spying activities, cooperation with the NSA, a federal court decision that criticized the intelligence agencies for misleading the court, and a domestic metadata program which remains shrouded in secrecy. In fact, the government seems to have moved in the opposite direction, by adopting a lower threshold for warrants seeking metadata than is required for standard warrants in Bill C-13.

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January 17, 2014 12 comments News

Why the Justice Ministers’ Report Fails To Make the Case for Bill C-13’s Lawful Access Provisions

Earlier this week, I posted on how Canadian law already features extensive rules that can be used to target cyberbullying, which raises questions about the prime justification for Bill C-13 (the cyber-bullying/lawful access bill). That post attracted a response from the Department of Justice, which (consistent with politicians and other officials) points to a June 2013 report on cyberbullying from federal and provincial justice ministers as the basis for Bill C-13.

While the government seems to think the report provides a solid foundation for its bill, the reality is that the justification in the report for the lawful access provisions stands on very shaky ground.

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January 16, 2014 1 comment News

Time for a New Plan: With Government’s Wireless Strategy in Tatters, Regulation May Be Only Option

The federal government’s spectrum auction starts today with its wireless strategy in tatters. Late yesterday, Wind Mobile announced that it was withdrawing from the auction, creating a new entrant vacuum that seems likely to leave some of the prime spectrum in major markets such as Ontario, Alberta, and British Columbia […]

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January 14, 2014 13 comments News

Is C-13 Needed?: How Canadian Law Already Features Extensive Rules to Combat Cyberbullying

Cyberbullying was in the news last week with Justice Minister Peter MacKay indicating that Bill C-13 could pass by the spring. The reaction to the bill – the government’s lawful access/cyberbullying legislation – has generally included criticism over the inclusion of lawful access provisions from Bill C-30 along with assurances that the cyberbullying provisions are important and worthy of support (though experts in the field doubt whether it will stop online taunting). I discuss the dangers associated with Bill C-13 in this interview on TVO’s The Agenda.

Comments from Conservative MPs unsurprisingly point to the need to protect children from cyberbullying. For example, Conservative MP John Carmichael told the House of Commons:

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January 13, 2014 5 comments News

The Trouble With Bill C-13: Why the “Cyberbullying Bill” is About Much More than Cyberbullying

Earlier this week I appeared on TVO’s The Agenda with Steve Paikin to discuss Bill C-13.  While Justice Minister Peter MacKay indicated yesterday that he hopes to pass the legislation this spring, the discussion on the show points to the concerns with the bill including how it creates immunity for voluntary disclosure of personal information without court oversight (thereby increasing the likelihood of such disclosures) and establishes a low threshold for warrants involving metadata, while only marginally addressing the legal framework to combat cyberbullying, which is already well developed. The interview is embedded below.

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January 10, 2014 16 comments News, News Interviews, Tv / Radio