Appeared in the Toronto Star on April 5, 2010 as State Farm Challenges Canada's Privacy Law in Court Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of […]
Post Tagged with: "pipeda"
The Copyright Lobby’s Secret Pressure On the Anti-Spam Bill
As I posted earlier today, the Electronic Commerce Protection Act comes to a conclusion in committee on Monday as MPs conduct their "clause by clause" review. While I have previously written about the lobbying pressure to water down the legislation (aided and abetted by the Liberal and Bloc MPs on the committee) and the CMA's recent effort to create a huge loophole, I have not focused on a key source of the pressure. Incredibly, it has been the copyright lobby – particularly the software and music industries – that has been engaged in a full court press to make significant changes to the bill.
The copyright lobby's interest in the bill has been simmering since its introduction, with lobbyists attending the committee hearings and working with Liberal and Bloc MPs to secure changes. The two core concerns arise from fears that the bill could prevent surreptitious use of DRM and block enforcement initiatives that might involve accessing users' personal computers without their permission.
The DRM concern arises from a requirement in the bill to obtain consent before installing software programs on users' computers. This anti-spyware provision applies broadly, setting an appropriate standard of protection for computer users. Yet the copyright lobby fears it could inhibit installation of DRM-type software without full knowledge and consent. Sources say that the Liberals have introduced a motion that would take these practices outside of the bill. In its place, they would define computer program as, among other things, "a program that has as its primary function…inducing a user to install software by intentionally misrepresenting that installing that software is necessary to safeguard security or privacy or to open or play content of a computer program." This sets such a high bar – primary function, intentional mispresentation – that music and software industry can plausibly argue that surreptitious DRM installations fall outside of C-27.
Even more troubling are proposed changes that would allow copyright owners to secretly access information on users' computers.
Privacy Commissioner Finds Facebook Violating Canadian Privacy Law
The Office of the Privacy Commissioner of Canada has released its long-awaited finding (media release, finding, backgrounder) in the complaint against Facebook on a variety of privacy grounds. The complaint was launched by CIPPIC in May 2008 (note that I am an advisor to CIPPIC but had no involvement in […]
Canadian Privacy Rights Buried in the Fine Print
Scott McNealy, the former CEO of Sun Microsystems, has achieved considerable notoriety for having warned Internet users ten years ago that "you have no privacy, get over it." Recent headlines suggest that the Ontario courts have adopted those sentiments, as two recent decisions involving the disclosure of subscriber information by Internet service providers confirmed that revealing personal information to law enforcement without a warrant is permitted under Canadian privacy law.
While some view these cases as providing conclusive evidence that Canadians enjoy little privacy in identifying data such as customer name and address information, my weekly technology law column (Toronto Star version, homepage version) argues that a closer look at the decisions and industry practices reveal that the issue is not entirely settled.
New Brunswick Court of Appeal Rules Fed Court Proper PIPEDA Forum
All About Information posts on a recent New Brunswick Court of Appeal decision that held that the Federal Court is the proper forum for a challenge to the powers of the Privacy Commissioner of Canada under PIPEDA.
Recent Posts
The Law Bytes Podcast, Episode 273: Rebroadcast of the Globe and Mail’s The Decibel on Canada’s First Steps Towards a Social Media Ban 
Midnight Madness: The Government Rushes Lawful Access Bill Through the House Without Debate or a Recorded Vote 
One Step Forward, Two Steps Back: Bill C-36 Modernizes Canada’s Privacy Law, Then Delays It to 2030 
Gary Anandasangaree’s Vic Toews Moment Shows the Government Has Lost Its Way on Lawful Access 
Government Moves to Shut Down Lawful Access Hearing In Order To Fast Track Passing the Bill This Week
