Appeared in the Toronto Star on October 5, 2009 as Canadian Anti-Spam Bill Far From a Done Deal The introduction last spring of Bill C-27 – the Electronic Commerce Protection Act – represented the culmination of years of effort to address concerns that Canada is rapidly emerging as a spam […]

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Privacy
Van Loan’s Misleading Claims: Case for Lawful Access Not Closed
The push for new Internet surveillance capabilities – dubbed the "lawful access" initiative – dates back to 1999, when government officials began crafting proposals to institute new surveillance technologies within Canadian networks along with additional legal powers to access surveillance and subscriber information. Over the past decade, lawful access has stalled despite public consultations, bills that have died on the order paper, and even a promise from former public safety minister Stockwell Day to avoid mandatory disclosure of personal information without court oversight. Last June, current Public Safety Minister Peter Van Loan tabled the latest lawful access legislative package. Much like its predecessors, the bill establishes new surveillance requirements for Internet service providers. In an about-face from the Day commitment however, it also features mandatory disclosure of customer information, including name, address, IP address, and email address upon request and without court oversight.
My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) notes that lawful access has long faced at least two significant barriers. The first involves ISP costs associated with installing new equipment and responding to disclosure requests. The government has attempted to address those concerns by promising to help pay the bills. It plans to provide some funding for new equipment and, in a little noticed provision, has opened the door to paying ISPs for providing customer name and address information to law enforcement authorities.
Van Loan’s Misleading Claims: Case For Lawful Access Not Closed
Appeared in the Toronto Star on September 28, 2009 as Case For Net Spying Not Closed Appeared in the Ottawa Citizen on September 29, 2009 as The curious case of the ISP access request that wasn't The push for new Internet surveillance capabilities – dubbed the "lawful access" initiative – […]
Business Resumes Attack on Canadian Anti-Spam Legislation
Business groups resumed their attacks on proposed anti-spam legislation yesterday. The Investment Funds Institute of Canada argued against consent provisions before a House of Commons committee.
OPC Publishes Comparative Report on Social Network Privacy Practices
The Privacy Commissioner of Canada has posted a February 2009 study completed by Jennifer Barrigar that compares the privacy practices of six leading social network sites.