Michael Geist

Latest Posts

Could ‘Lawful Access’ Jeopardize Canada’s Adequacy Status with EU?

Constantine Karbaliotis, Chief Privacy Officer Americas for Mercer, has an interesting blog post that raises the question of whether Bill C-30 might jeopardize Canada’s adequacy status with the European Union. The adequacy status, which confirms Canadian privacy meets the EU Data Protection Directive standard, was obtained with the enactment of […]

February 27, 2012 — 1 comment — News

How to Fix Canada’s Online Surveillance Bill: A 12 Step To-Do List

Over the past ten days, I’ve been asked repeatedly what should be done to fix Bill C-30, the online surveillance bill. While the bill will require considerable study, below I’ve posted 12 amendments or undertakings that are needed to begin to address the massive public concern with the legislation. Given recent events, many understandably believe the bill is beyond repair and should be scrapped. However, assuming the government sticks with it and send the bill to committee with a mandate to consider a wide range of reforms and submissions, I’d start with the following non-comprehensive to-do list:

Evidence, Evidence, Evidence
No Mandatory Warrantless Access to Subscriber Information
Reporting Warrantless Disclosure of Subscriber Information
Remove the Disclosure Gag Order
“Voluntary” Warrantless Data Preservation and Production
Government Installation of Surveillance Equipment
Reconsider the Internet Provider Regulatory Framework
Improve Lawful Access Oversight
Limit the Law to Serious Crimes
Come Clean on Costs
The Missing Regulations
Deal With The Failure of Privacy Laws To Keep Pace

Details on each follows:

February 24, 2012 — 37 comments — News

Why Canada Does Not Belong on the U.S. Piracy Watchlist

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report – often referred to as the Piracy Watch List – which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident). The section challenging the piracy haven claims states the following:

February 23, 2012 — 28 comments — News

Estimating the Costs of Online Surveillance

The CBC reports that the online surveillance bill will cost $20 million per year for four years. ITBusiness.ca highlights some of the problems with the estimate.

February 23, 2012 — 4 comments — News

European Commission Refers ACTA to the European Court of Justice

The European Commission, which has been a staunch supporter of the Anti-Counterfeiting Trade Agreement, today announced that it is referring ACTA to the European Court of Justice to determine whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms. While the move may mean […]

February 22, 2012 — 2 comments — News