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Intervene by wiredforlego (CC BY-NC 2.0) https://flic.kr/p/GAir8g

CRTC Calls for Increased Powers To Take a More “Interventionist” Approach on Internet Content

Last month, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs to discuss Bill S-210, a bill that aims to limit minors’ access to pornography sites by implementing age verification and website blocking requirements. I warned that face recognition technologies, which are often used for age verification, raise serious privacy risks and that website blocking would have negative consequences for freedom of expression. Further, I emphasized how incredibly broadly the bill is drafted. While the Senators were focused on some well-known pornography sites, widely used sites and services such as Twitter or Reddit are also captured by the bill, raising the possibility of age verification to send a tweet or read a Reddit post.

The committee’s study of the bill continued yesterday with an appearance by Scott Hutton, the CRTC’s Chief of Consumer, Research and Communications. While Hutton emphasized there were no easy answers and that net neutrality principles would likely preclude action with respect to content regulation under the Telecommunications Act, his responses to some Senators reinforce concerns that should Bill C-11 pass, the Commission will be in the Internet content regulation business through the Broadcasting Act. Indeed, while Canadian Heritage Minister Pablo Rodriguez and the CRTC have sought to downplay concerns that the CRTC would seek to regulate online content, Hutton told the committee the Commission needs more power in order to adopt a more interventionist approach:

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March 3, 2022 10 comments News
Taking A Picture Of My Phone On The Bus So I Remember Where We Are by Joe Shlabotnik (CC BY-NC-SA 2.0)  https://flic.kr/p/27hNhYK

The Urgent Need for Privacy Reform: My Appearance Before the Standing Committee on Access to Information, Privacy and Ethics

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data.  I appeared before the committee earlier this week, making the case that this is a a genuine privacy quandary where the activities were arguably legal, the notice met the low legal standard, Telus is widely viewed as seeking to go beyond the strict statutory requirements, and the project itself had the potential for public health benefits. Yet despite these factors, something does not sit right with many Canadians. I believe that something are outdated privacy laws that are no longer fit for purpose. My opening statement is posted below.

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March 2, 2022 3 comments News
Welcome Mat by Bruce Bortin (CC BY-NC 2.0) https://flic.kr/p/dZGkk

The Law Bytes Podcast, Episode 119: Canada’s Zombie Policy Proposal – Christopher Parsons on the Never-Ending Debate Over Lawful Access

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. The government plans to revisit its plans for online harms, but the lawful access issue is sure to return.

Dr. Christopher Parsons is a Senior Research Associate at the Munk School’s Citizen Lab at the University of Toronto, where his research focuses on third-party access to telecommunications data, data privacy, data security, and national security. He previously appeared on the podcast to discuss the questions about the use of Huawei equipment in Canada’s telecom networks and returns to talk about the history of the lawful access debate, the implications of warrantless access to subscriber data, and the recent revival of the lawful access issue.

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February 28, 2022 1 comment Podcasts
Program by Marcin Wichary https://flic.kr/p/7hCjkK (CC BY 2.0)

Bill C-11’s Foundational Faults, Part Two: The Regulate-It-All Approach of Treating All Audio-Visual Content as a “Program”

My first post in a series on foundational faults in Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The starting point in the bill is that all audio-visual services anywhere in the world with some Canadian users or subscribers are subject to the Canadian jurisdiction and it will fall to the Commission to establish thresholds exempting some services from regulation. However, even with some exemptions, the Canadian approach will require registration and data disclosures, likely leading many services to block Canada altogether, reducing choice and increasing consumer cost.

The expansive approach in Bill C-11 isn’t limited to its jurisdictional reach, however. Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all audio-visual content into the law by treating all audio-visual content as a “program” subject to potential regulation.

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February 23, 2022 6 comments News
Anti Media Convoy, Feb 5th, 2022 by GoToVan (CC BY 2.0) https://flic.kr/p/2n28mCw

The Law Bytes Podcast, Episode 118: Leah West on the Canadian Government’s Invocation of the Emergencies Act

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law. She joins the Law Bytes podcast to discuss rules surrounding the Emergencies Act and the implications of the government’s recent move to invoke it.

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February 21, 2022 2 comments Podcasts