Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb

Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb

Lawful Access

Vic Toews by Mostly Conservative (CC BY-NC-ND 2.0) https://flic.kr/p/5K32AS

From Toews to Todd: The Unravelling of the Government’s Lawful Access Sales Strategy

As criticism of Bill C-13 mounts, the government’s sales strategy for its latest lawful access bill is starting to unravel. Many will recall the immediate, visceral opposition to Bill C-30, the last lawful access bill that started with then-Public Safety Minister Vic Toews declaring the day before introduction that Canadians could either stand with the government or with the child pornographers. The bill never recovered as Toews’ divisive remarks placed the spotlight on the warrantless disclosure provisions and the lack of privacy balance. Within ten days it was on placed on hiatus and formally killed a year later.

While the government has removed some of the most contentious elements from Bill C-30, many privacy concerns remain (immunity for voluntary disclosure, metadata). Indeed, it appears that its primary takeaway from the last legislative failure – an incredibly rare moment in the life of a majority government – was that it was a botched sales job. So despite a promise not to bring back lawful access legislation, it did so months later, this time armed with a new marketing strategy. Bill C-13 was framed as a cyber-bullying bill and its primary sales people were presumably supposed to be the victims of cyber-bullying and their parents.

The turning point on Bill C-13 came ten days ago when they appeared before the Justice Committee studying the bill. Carol Todd, the mother of Amanda, led off and courageously insisted that the government stop using her child’s name to undermine privacy:

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May 23, 2014 14 comments News
Who’s Watching Whom: An Examination of Canadian Privacy and Surveillance

Who’s Watching Whom: An Examination of Canadian Privacy and Surveillance

Earlier this week I was pleased to speak at the monthly Geek Girls Toronto event. Hosted at the Mozilla offices, a sold-out audience showed yet again that there is enormous public interest and concern with recent privacy and surveillance developments. A video of the talk, which focused on the problems associated with lawful access, privacy reform, and surveillance, is posted below.

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May 22, 2014 4 comments Keynote Speaking, News, Video

Why Public Safety Minister Blaney Gets It Wrong on Privacy and Warrantless Disclosures

The House of Commons engaged in active debate on privacy this week, spurred by an NDP motion from MP Charmaine Borg. The motion reads:

That, in the opinion of the House, the government should follow the advice of the Privacy Commissioner and make public the number of warrantless disclosures made by telecommunications companies at the request of federal departments and agencies; and immediately close the loophole that has allowed the indiscriminate disclosure of the personal information of law-abiding Canadians without a warrant.

The government voted down the motion on Tuesday, but the Monday debate provided new insights into the government’s thinking on privacy. Unfortunately, most of its responses to concerns about warrantless disclosures were either wrong or misleading. In particular, Steven Blaney, the Minister of Public Safety, raised at least four issues in his opening response that do not withstand closer scrutiny.

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May 7, 2014 3 comments News

Five Measures to Help Counter the Tidal Wave of Secret Telecom Disclosures

The House of Commons engaged in an extensive debate on privacy yesterday in response to an NDP motion that would require the government to disclose the number of warrantless disclosures made by telecom companies. I’ll have more on the debate shortly (it’s worth reading), but the government has made it clear that it will not be supporting the motion.

My weekly technology law column (Toronto Star version, homepage version) notes that the revelations of massive telecom and Internet provider disclosures of subscriber information generated a political firestorm with pointed questions to Prime Minister Stephen Harper in the House of Commons about how the government and law enforcement agencies could file more than a million requests for Canadian subscriber information in a single year.

The shocking numbers come directly from the telecom industry after years of keeping their disclosure practices shielded from public view. They reveal that Canadian telecom and Internet providers are asked to disclose basic subscriber information every 27 seconds. In 2011, that added up to 1,193,630 requests, the majority of which were not accompanied by a warrant or court order. The data indicates that telecom and Internet providers gave the government what it wanted – three providers alone disclosed information from 785,000 customer accounts.

The issue is likely to continue to attract attention, particularly since the government is seeking to expand the warrantless disclosure framework in Bill C-13 (the lawful access bill) and Bill S-4 (the Digital Privacy Act).

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May 6, 2014 8 comments Columns

Bill C-13: Podcast on Cyber-Bullying and Internet Surveillance Legislation

I appeared on The Docket podcast with Leo Russomanno and Michael Spratt to discuss the Conservative governments new cyber-bullying / internet surveillance legislation – Bill C-13.

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May 2, 2014 Comments are Disabled ExtPodcasts