The full transcript of my appearance before the Industry Committee discussing Bill C-27 has now been posted online.
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Cosh on Lawful Access
Colby Cosh in the National Post on lawful access: "No bogus, ill-advised expansion of state power was ever perpetrated on this continent without "families" being hauled out as part of the pretext."
Canada’s Digital Economy: Toward A Safer, Stronger Online Marketplace
I appeared earlier today at Industry Minister Tony Clement's Canada's Digital Economy Conference. I shared the stage with Privacy Commissioner Jennifer Stoddart and Tim Wilson from Visa Canada on a panel titled Toward A Safer, Stronger Online Marketplace. My prepared remarks are posted below:
Canada’s Digital Economy: Toward A Safer, Stronger Online Marketplace
Michael Geist, June 22, 2009
Let me begin by thanking Minister Clement – both for the invitation to speak here today and more importantly for his leadership on this critical issue. We all recognize the importance of the digital environment for commercial, cultural, educational, and communication purposes. Canada was once a proud leader in this arena and I think most would acknowledge that we have failed in recent years to articulate much-needed vision, strategy, and perhaps most importantly – urgency.
Minister Clement opened today’s conference by citing confidence as one of his key concerns. I think he’s identified a crucial concern. Privacy and security are key components in instilling this confidence, but there are other issues. I recently wrote about a digital action plan and I want to tease out several points that arise within the context of building confidence.
Ordinary Thursday Anything But For Canadian Internet
My weekly technology law column (Toronto Star version, homepage version) notes that last Thursday began as an ordinary, rainy, spring day in Ottawa. Canadian politicians, having just avoided an unwanted election, were only two days away from an extended summer break. Yet by the end of the day, a trio of events unfolded that could help shape the Internet in Canada for years to come.
The first event took place mid-morning, with the introduction of new lawful access legislation. The bills would dramatically change the Internet in Canada, requiring Internet service providers to install new surveillance capabilities, force them to disclose subscriber information such as name, address, and email address without a court order, as well as grant police broad new powers to obtain Internet transmission data.
Government Introduces Bill To Require Surveillance Capabilities, Mandated Subscriber Disclosure
As expected, the Government has taken another shot at lawful access legislation today, introducing a legislative package called the Investigative Powers for the 21st Century (IP21C) Act that would require mandated surveillance capabilities at Canadian ISPs, force ISPs to disclose subscriber information such as name and address, and grant the police broad new powers to obtain transmission data and force ISPs to preserve data. Although I can only go on government releases (here, here), the approach appears to be very similar to the Liberal lawful access bill of 2005 that died on the order paper (my comments on that bill here) [update: Bill C-46 and C-47]. It is pretty much exactly what law enforcement has been demanding and privacy groups have been fearing. It represents a reneging of a commitment from the previous Public Safety Minister on court oversight and will embed broad new surveillance capabilities in the Canadian Internet.
The lawful access proposal is generally divided among two sets of issues – ISP requirements and new police powers.
1. ISP requirements
There are two key components here. First, ISPs will be required to install surveillance capabilities in their networks. This feels a bit like a surveillance stimulus package, with ISPs making big new investments and the government cost-sharing by compensating for changes to existing networks. The bill again exempts smaller ISPs for three years from these requirements. While that is understandable from a cost perspective, it undermines the claims that this is an effective solution to online crime since it will result in Canadians at big ISPs facing surveillance while would-be criminals seek out smaller ISPs without surveillance capabilities.
Second, the bill requires all ISPs to surrender customer name, address, IP address, and email address information upon request without court oversight. In taking this approach, Public Safety Minister Peter Van Loan has reneged on the promise of his predecessor and cabinet colleague Stockwell Day, who pledged not to introduce mandated subscriber data disclosure without court oversight.
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The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk
