Bill C-2, the government’s proposed lawful access legislation, has been the subject of several prior episodes covering warrantless disclosure of information as part of the new information demand power in Part 14 of the bill as well as some of the surveillance technology capabilities found in Part 15. Those remain major issues, but there is another element of the bill that deserves greater attention, particularly at this moment when the Canada – US relationship is increasingly fraught. That issue involves mandated data sharing with implications for Canada’s international treaty obligations under the “Second Additional Protocol” to the Budapest Convention as well as the US Cloud Act. Kate Robertson, a lawyer and senior research associate at the Citizen Lab in the Munk School at the University of Toronto, wrote an extensive brief on these issues soon after the bill was introduced. She joins the Law Bytes podcast to talk about a critical Bill C-2 issue that has thus far attracted limited attention.
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The Law Bytes Podcast, Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26
Bill C-26, alternately described as a cyber-security, critical infrastructure or telecom bill, remains largely below the radar screen despite its serious implications for privacy, expression, and affordable network access. The bill is currently being studied at a House of Commons committee that seems more interested in partisan political gamesmanship rather than substantive hearings. Kate Robertson is lawyer and senior research associate at the Citizen Lab in the Munk School at the University of Toronto who is a former criminal counsel and the co-author of one of the most extensive Bill C-26 committee submissions. She appeared last week at the committee studying the bill, but with limited opportunity to engage on the issues, she joins the Law Bytes podcast to talk about the bill, the concerns it raises, and some of the potential fixes.
Access Copyright and Robertson Case
Christopher Moore examines the second Robertson copyright class action settlement and the virtual absence of Access Copyright from the proceedings. Moore concludes “Access Copyright cannot ever defend creators’ copyrights against publishers who seek to abuse them. Its very structure forbids it.”
Globe and Robertson Settle Copyright Class Action
The Globe and Mail and Heather Robertson have settled their 13 year old fight over the rights of freelance writers and the use of their work in electronic databases. The case went to the Supreme Court of Canada, where a divided court ruled in favour of Robertson. The case has […]
Robertson Reflections
Osgoode Hall prof Pina D'Agostino posts on the SCC's Robertson v. Thomson decision. Limits on contractual contracting is an issue I touched on during the 30 Days of DRM. It was also raised by a Senate report on Canadian media, though Canadian Heritage Minister Bev Oda rejected a recommendation to […]
Recent Posts
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance 
The Law Bytes Podcast, Episode 245: Kate Robertson on Bill C-2’s Cross-Border Data Sharing Privacy Risks 
The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law 
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information 
The Law Bytes Podcast, Episode 243: What Are Canada’s Digital Policy Plans as Parliament Returns from the Summer Break?
