Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered
Bill C-22, the government’s lawful access legislation, is awaiting Senate consideration this fall with the encryption provisions likely to be the centre of attention given diametrically opposing views from law enforcement and technology companies and experts. Public Safety Minister Gary Anandasangaree told the Toronto Star earlier this month that the bill strikes “the right balance” on encryption, claiming that cracking encryption is “off limits” except in “extenuating circumstances” where there is a “minor opening,” and that “everybody has had to have some water in their wine.” The government’s approach follows the typical legislative playbook of seeking a middle ground that stakeholders can (sometimes reluctantly) live with. Yet the past few weeks have produced an unusual situation in which both sides say no viable middle ground exists. Police claim the bill’s encryption provisions do little to change what they can obtain under existing law. Nearly two dozen technology companies and industry groups argue the same provisions leave every user at risk since even partial weakening of encryption undermines its effectiveness.
Elbows Up With Europe Too: Why Canada’s Pivot to the EU Raises the Same Digital Sovereignty Questions as the U.S.
Canada’s pivot to Europe continues to accelerate with Prime Minister Mark Carney’s speech to the European Parliament today, the call for Canada to become the first “associate member” of the EU, negotiations on a Canada-EU Digital Trade Agreement launched earlier this year that could conclude this fall, and an upcoming summit that could bring even further measures. In the wake of the collapse of trade talks between Canada and the U.S., closer relations with the EU are an obvious alternative. While U.S. demands on digital policy (notably the cancellation of the DST and streaming payments) have attracted some criticism in Canada, a European shift is likely to substitute one pressure point for another, with some of the same questions about Canadian digital sovereignty in play. Indeed, the EU has exported its regulatory standards around the world for decades, and trading U.S. “digital trade alignment” for a European digital regulatory model will still raise many of the same “elbows up” questions about whether Canada gets to set its own digital policies.
Big Money, Bigger Design Changes: What the Meta Settlement Means for Canada, Bill C-34, and the Age Verification and Privacy Risks That Remain
The proposed settlement between Meta and 51 U.S. state attorneys general, filed last week and still subject to court approval, ranks among the biggest developments in technology litigation in years, featuring both big money and big design changes. The settlement is limited to the participating states, but it is likely to have significant implications for Canadian users and for legislative initiatives such as Bill C-34. Whether Meta extends the measures voluntarily, in response to similar Canadian lawsuits, or as part of a legislated duty to act responsibly in Bill C-34, changes are likely to make their way into Canada. This post highlights key provisions of the settlement and reviews the implications for three Canadian policy concerns: legislation vs. litigation, age verification or age assurance, and privacy.
Thanks For Joining the Movement: French Constitutional Council Strikes Down Kids’ Social Media Ban
French President Emmanuel Macron has been the global leader in promoting a ban on social media for kids, consistently welcoming countries that propose such measures with a “thanks for joining the movement” tweet. That includes Canada, which received its congratulatory tweet after a ban was included in Bill C-34. As I argued last month, however, I believe the Canadian ban is vulnerable to constitutional challenge on at least two fronts: freedom of expression, since blocking an entire cohort of Canadians from accessing information and expressing themselves on social media infringes Section 2(b) of the Charter, and privacy, since enforcing the ban will require millions of Canadians to verify their age to use social media services with the promised safeguards nowhere in place when the ban takes effect. Last week, France became the first major jurisdiction to have such a ban reviewed by its highest constitutional court, and it proceeded to strike down the law on substantially the same two constitutional concerns.
The Law Bytes Podcast, Episode 277: Kate Robertson on the Risks That Lie Behind Canada’s Unexpected Signing of the UN Cybercrime Convention
The Canadian government’s surprise decision to sign the UN Cybercrime Convention has sparked many questions about the convention, its risks, and what changed over the past nine months between Canada no-showing the signing in Vietnam and this month’s reversal. To help answer those questions, there is no one better than Kate Robertson, a senior research associate at the Citizen Lab, who has been vocal on the convention since negotiations began years ago. She joins the Law Bytes podcast to discuss her concerns and how the Convention fits within the broader global political and policing frameworks.
Recent Posts
Ontario is Done Waiting for Universities to Act on Campus Antisemitism 
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered 
The Wrong Target: Why the CBC Should Be Asking About the Yom Kippur Protesters, Not the Journalist Who Reported on Them 
Buried in Bill C-39: The Enabling Digital Trade Act Brings Canada Its First Federal Electronic Trade Documents Law 
A Definition That Meets the Moment: Federal Government Recognizes Antisemitism Includes Anti-Zionism
