Post Tagged with: "surveillance"

Does it Matter Where Your Data Lives?

Does it matter where your computer data such as email, digital photos, personal videos, and documents resides? The Canadian Chamber of Commerce apparently doesn’t think so. It recently joined forces with its U.S. counterpart to argue for new rules in the Trans Pacific Partnership – a proposed new trade agreement that includes Canada, the U.S., Japan, Australia and many other Asian and South American countries – that would create barriers to privacy protections designed to require that personal data be stored locally.

My weekly technology law column (Toronto Star version, homepage version) notes that for many years, the issue was largely irrelevant to most computer users since their data was typically kept on computer hard drives within their own homes or offices. While there was always a security risk associated with malware or hackers, using reasonable security precautions provided some protection and there was little risk of warrantless access to the data.

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August 21, 2013 13 comments Columns

Does it Matter Where Your Data Lives?

Appeared in the Toronto Star on August 17, 2013 as Does it Matter Where Your Data Lives? Does it matter where your computer data such as email, digital photos, personal videos, and documents resides? The Canadian Chamber of Commerce apparently doesn’t think so. It recently joined forces with its U.S. […]

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August 21, 2013 Comments are Disabled Columns Archive

Secret Surveillance Puts Internet Governance System at Risk

One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States based organization known as the Internet Corporation for Assigned Names and Numbers (supported by the U.S.) against a government-led, United Nations-style model under which countries such as China and Russia could assert greater control over Internet governance.

The differences between the two approaches were never as stark as some portrayed since the current model grants the U.S. considerable contractual power over ICANN, but the fear of greater foreign government control over the Internet led to strong political opposition to UN involvement.

While supporters of the current model ultimately prevailed at a UN conference in Dubai last December where most Western democracies, including Canada, strongly rejected major Internet governance reforms, the issue was fundamentally about trust. Given that all governments have become more vocal about Internet matters, the debate was never over whether government would be involved, but rather about who the global Internet community trusted to lead on governance matters.

My weekly technology law column (Toronto Star version, homepage version) argues that the Internet governance choice was a relatively easy one at the time, but in recent weeks the revelations about widespread U.S. secret surveillance of the Internet may cause many to rethink their views. Starting with the first disclosures in early June about the collection of phone metadata, the past two months have been marked by a dizzying array of reports that reveal a massive U.S. surveillance infrastructure that covers the globe and seeks access to virtually all Internet-based communications.

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August 2, 2013 4 comments Columns

Secret Surveillance Puts Internet Governance System at Risk

Appeared in the Toronto Star on July 27, 2013 as Secret Surveillance Puts Internet Governance System at Risk One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States […]

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August 2, 2013 Comments are Disabled Columns Archive

Canada’s Lawful Access Bill Appears to Have Contained a Provision to Enable PRISM-Style Surveillance

As the revelations about U.S. secret surveillance continue, one of the more interesting recent articles was a Buzzfeed piece that focused on a Utah ISP that hosted a “little black box” in the corner inserted by the National Security Agency.  The article describes how a Foreign Intelligence Service Act (FISA) warrant allowed the NSA to monitor the activities of an ISP subscriber by inserting surveillance equipment directly within the ISP’s network. The experience in Utah appears to have been replicated in many other Internet and technology companies, who face secret court orders to install equipment on their systems.

The U.S. experience should raise some alarm bells in Canada, since the now defeated lawful access bill envisioned similar legal powers. Section 14(4) of the bill provided:

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July 29, 2013 10 comments News