Earlier this year, Industry Minister Christian Paradis introduced a bill aimed at ensuring that Canada complies with the discredited Anti-Counterfeiting Trade Agreement. The bill raises a host of concerns including granting border guards increased powers without court oversight or review. The bill had not been heard from since its introduction, […]
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Digital Economy Deja Vu: My Appearance Before the Standing Committee on Industry, Science & Tech
I appeared yesterday before the House of Commons Standing Committee on Industry, Science, and Technology for a hearing on the adoption of digital technologies by small and medium sized businesses. While the hearing was shortened by a vote in the House of Commons, it still provided an opportunity to raise ongoing concerns with Canada’s digital economy strategy failure. My prepared remarks are posted below:
Appearance before the House of Commons Standing Committee on Industry, Science and Technology, May 28, 2013
The Canadian Link to Copyright Enforcement Spyware Tools
The Internet is buzzing over a new report from the Commission on the Theft of American Intellectual Property that recommends using spyware and ransom-ware to combat online infringement. The recommendations are shocking as they represent next-generation digital locks that could lock down computers and even “retrieve” files from personal computers:
Software can be written that will allow only authorized users to open files containing valuable information. If an unauthorized person accesses the information, a range of actions might then occur. For example, the file could be rendered inaccessible and the unauthorized user’s computer could be locked down, with instructions on how to contact law enforcement to get the password needed to unlock the account.
While many of the recommendations sound outrageous (see further details here and here), it is worth noting that earlier this year Canadian business groups led by the Canadian Chamber of Commerce recommended that the Canadian government introduce a regulation that would permit the use of spyware for these kinds of purposes.
The Canadian Government’s Embarrassing Opposition to Security Breach Disclosure Legislation
Last week, the Privacy Commissioner of Canada released her vision of privacy reform, including the need for security breach disclosure legislation, order-making power, and greater transparency of warrantless disclosure. On the same day as Commissioner Stoddart released her position paper, the government was embarrassing itself in the House of Commons by formally opposing security breach disclosure legislation on the weakest of grounds. The opposition to meaningful privacy reform is particularly discouraging given the thousands of breaches that have occurred in recent years from within the government itself and its claims to be concerned with the privacy of Canadians.
The government introduced legislation featuring security breach disclosure requirements in Bill C-12 in September 2011 (itself a reintroduction of the former C-29 that was first introduced in 2010). Since first reading, the bill has not moved. It would take very little for the government to complete second reading and send the bill for study to committee, yet more than a year and a half later, the bill languishes, certain to die this summer when the government hits the parliamentary reset button. Frustrated by the inexplicable delays, NDP MP Charmaine Borg introduced a private member’s bill in February (C-475) that includes a mandatory security breach requirement roughly similar to the government’s own bill.
Privacy Commissioner of Canada Sets Out Targets for PIPEDA Reform
Privacy Commissioner of Canada Jennifer Stoddart this morning set out her office’s goals for PIPEDA reform. The last attempt to reform the private sector privacy law stalled in the House of Commons with Bill C-12 still technically alive (having been sitting at second reading for months) but destined to die […]
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