Post Tagged with: "privacy"

CIRA Creates Backdoor WHOIS Exceptions for Police and IP Owners

Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy.  The policy was to have provided new privacy protection to individual registrants – hundreds of thousands of Canadians – by removing the public disclosure of their personal contact information (though the information is collected and stored by domain name registrars). 

Apparently I spoke too soon.  Faced with the prospect of a privacy balance, special interests representing law enforcement and trademark holders quietly pressured CIRA to create a backdoor that will enable these two groups (and these two groups alone) to have special access to registrant information.  In the case of law enforcement, police can bring cases to CIRA involving immediate risk to children or the Internet (ie. denial-of-service attacks) and CIRA will hand over registrant information without court oversight.  In the case of trademark holders (as well as copyright and patent owners), claims that a domain name infringes their rights will be enough to allow CIRA to again disclose registrant information.

This represents a stunning about-face after years of public consultation on the whois policy.  

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June 10, 2008 16 comments News

CIPPIC Launches Privacy Complaint Against Facebook

Students at the University of Ottawa's Canadian Internet Policy and Public Interest Clinic have filed a privacy complaint against Facebook. The complaint alleges 22 violations of Canada's national privacy law.

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June 2, 2008 10 comments News

BC Privacy Commissioner Says 41 Days Too Long for Breach Notification

All About Information notes a recent B.C. Privacy Commissioner decision which ruled that 41 days is too long to notify affected individuals of a security breach.

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May 26, 2008 Comments are Disabled News

Canadian Press on CIRA Whois Change

The Canadian Press covers the upcoming CIRA Whois change, with CIRA President Byron Holland promoting the fact that the policy will put CIRA at the forefront internationally and acknowledging that the current approach is not consistent with the spirit of the law (I think a strong case can be made […]

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May 24, 2008 1 comment News

Senate Spam Bill Important First Step After Years of Inaction

The Canadian government's lack of action against spam has been one of the most puzzling policy failures in recent years.  While addressing a problem that has grown from a mere nuisance to a costly scourge that raises criminal concerns would seem like a no-brainer, successive Industry Ministers have failed to prioritize the issue.   The need for Canadian anti-spam legislation was the unanimous recommendation of the 2005 National Task Force on Spam, which included members from the Internet, marketing, and consumer communities (I was a member of the task force).  The final report, which was received with approval from the current Conservative (then Liberal) Minister David Emerson, noted that Canada was quickly becoming one of the only Western countries to neglect the issue and was at risk of developing into a haven for spammers seeking refuge in countries with lax anti-spam regulations.

While a government-backed anti-spam bill is still nowhere to be seen, my weekly technology law column (Toronto Star version, homepage version) focuses on the fact that earlier this month Senator Yoine Goldstein quietly stepped into the policy void by introducing the Anti-Spam Act (ASA).  Modeled after widely lauded Australian anti-spam legislation, the ASA is the most comprehensive Canadian anti-spam proposal floated to date and even if it languishes in the Senate (private member's bill rarely become law) it promises to place additional pressure on the government to reveal its own anti-spam plan.

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May 19, 2008 3 comments Columns