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Five Measures to Help Counter the Tidal Wave of Secret Telecom Disclosures

The House of Commons engaged in an extensive debate on privacy yesterday in response to an NDP motion that would require the government to disclose the number of warrantless disclosures made by telecom companies. I’ll have more on the debate shortly (it’s worth reading), but the government has made it clear that it will not be supporting the motion.

My weekly technology law column (Toronto Star version, homepage version) notes that the revelations of massive telecom and Internet provider disclosures of subscriber information generated a political firestorm with pointed questions to Prime Minister Stephen Harper in the House of Commons about how the government and law enforcement agencies could file more than a million requests for Canadian subscriber information in a single year.

The shocking numbers come directly from the telecom industry after years of keeping their disclosure practices shielded from public view. They reveal that Canadian telecom and Internet providers are asked to disclose basic subscriber information every 27 seconds. In 2011, that added up to 1,193,630 requests, the majority of which were not accompanied by a warrant or court order. The data indicates that telecom and Internet providers gave the government what it wanted – three providers alone disclosed information from 785,000 customer accounts.

The issue is likely to continue to attract attention, particularly since the government is seeking to expand the warrantless disclosure framework in Bill C-13 (the lawful access bill) and Bill S-4 (the Digital Privacy Act).

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May 6, 2014 8 comments Columns

Apple Canada Was Only Tech Company to Respond to Privacy Commish Request on Disclosure Practices

Last week’s revelations on the massive number of requests for subscriber information focused specifically on the responses from major Canadian telecom and Internet providers. The Privacy Commissioner of Canada wrote to the 12 largest providers, who responded with a single document that aggregated the responses of 11 of the companies (though some declined to provide information to questions such as how many user accounts were disclosed).

The Access to Information Act requested documents that contained the telco response also revealed that the Privacy Commissioner sent a similar letter to the leading Internet and technology companies. The list of recipients included Apple, Google, Facebook, Microsoft, Twitter, and eBay. While some of the companies now offer transparency reports that feature data on disclosure requests (and compliance with those requests), few did in 2011. On Friday, I received a supplemental document to my access to information request that contains the full response from Apple Canada.

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May 5, 2014 3 comments News

Podcast Discussing Net Neutrality

I appeared on Science for the People where I discussed net neutrality.

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May 2, 2014 Comments are Disabled ExtPodcasts

Bill C-13: Podcast on Cyber-Bullying and Internet Surveillance Legislation

I appeared on The Docket podcast with Leo Russomanno and Michael Spratt to discuss the Conservative governments new cyber-bullying / internet surveillance legislation – Bill C-13.

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May 2, 2014 Comments are Disabled ExtPodcasts

Why Have Canada’s Telcos Failed to Notify Subscribers About Disclosing Their Information?

While much of the attention this week on the massive number of requests for subscriber information has rightly focused on the government and a legal framework that provides insufficient oversight (and is about to expand warrantless disclosure under Bills C-13 and S-4), the telecom and Internet companies also deserve greater scrutiny. One of the key questions in the document on telecom and Internet provider disclosure practices asked simply:

Do you notify your customers, when the law allows, that their information has been requested, thus giving them an opportunity to contest the request in court?

The answer from every provider: No.

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May 2, 2014 14 comments News