Latest Posts

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

ISPs Push For Two-Tier Internet Based on Data Caps

Net neutrality has been one of the defining Internet policy issues of the past decade. Starting with early concerns that large telecom and Internet providers would seek to generate increased profits by creating a two-tier Internet with a fast lane (for companies that paid additional fees to deliver their online content quicker) and a slow lane (for everyone else), the issue captured the attention of governments and telecom regulators.

My weekly technology law column (Toronto Star version, homepage version) notes that while the net neutrality challenges evolved over time, the core question invariably boiled down to whether Internet providers would attempt to leverage their gatekeeper position to create an unfair advantage by treating similar content, applications or other services in different ways.

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January 15, 2014 — 4 comments — Columns

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

European Report Says Canadian Privacy Law Should Be Re-Examined Due to Surveillance Activities

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs has issued a detailed draft report on the U.S. surveillance activities and its implications for European fundamental rights. The report loops Canada into the discussion, noting Canada’s participation in the “five-eyes” consortium and expressing concern about the implications for trust in the Canadian legal system. The report states:

whereas according to the information revealed and to the findings of the inquiry conducted by the LIBE Committee, the national security agencies of New Zealand and Canada have been involved on a large scale in mass surveillance of electronic communications and have actively cooperated with the US under the so called ‘Five eyes’ programme, and may have exchanged with each other personal data of EU citizens transferred from the EU;

whereas Commission Decisions 2013/651 and 2/2002 of 20 December 2012 have declared the adequate level of protection ensured by the New Zealand and the Canadian Personal Information Protection and Electronic Documents Act; whereas the aforementioned revelations also seriously affect trust in the legal systems of these countries as regards the continuity of protection afforded to EU citizens; whereas the Commission has not examined this aspect.

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January 9, 2014 — 4 comments — News
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