Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

Android Dev Phone 2 (aka Google Ion & HTC Magic) by Cedric Sam (CC BY-NC-SA 2.0) https://flic.kr/p/7sBBdQ

Bell’s Latest Privacy Solution: Enhance Internet Privacy By Blocking Access to It

The Canadaland report on Bell’s plans to apply to the CRTC to create a website blocking agency unsurprisingly sparked immediate widespread concern. I provided further detail on the proposal, noting the danger of establishing a blocking system without court review of the block list and the very weak case Bell makes to justify it. A critical aspect of the Bell proposal is that it must convince the CRTC that website blocking would further Canada’s telecommunications policy objectives. Given that the CRTC has already ruled that the law prohibits blocking without its approval, that is a difficult standard to meet. I argue that the three justifications raised by Bell – that piracy “threatens the social and economic fabric of Canada”, that the telecommunications system should “encourage compliance with Canadian laws” and that website blocking “will significantly contribute toward the protection of the privacy of Canadian Internet users” – is very weak.

In fact, the privacy argument is not only weak, it is incredibly hypocritical. Bell is arguably the worst major Canadian telecom company on user privacy and its attempt to justify website blocking on the grounds that it wants to protect privacy is shameful. There are obviously far better ways of protecting user privacy from risks on the Internet than blocking access to sites that might create those risks. Further, with literally millions of sites that pose some privacy risk, few would argue that the solution lies in blocking all of them.

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December 5, 2017 6 comments News
PayPal Booth by OFFICIAL LEWEB PHOTOS (CC BY 2.0) https://flic.kr/p/dz2R25

Canada Revenue Agency Obtains Broad Court Order for Years of PayPal Data

The Canada Revenue Agency has obtained a federal court order requiring PayPal to hand over years of transactional information from all business accounts in Canada. The scope of the order is incredibly broad, covering any business account holder who sent or received a payment over a nearly four year period from January 1, 2014 to November 10, 2017. The information to be disclosed includes:

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November 14, 2017 36 comments News
jonhz_2017-Oct-30 by Jonathan Hernández  https://twitter.com/jonhz/status/925127995211370496

NAFTA and the Digital Environment: My Keynote on Striking a Fair Balance on Copyright and Digital Policy

Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.

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November 1, 2017 Comments are Disabled Keynote Speaking, News, Video
Canada Declaration by Tony Webster (CC BY 2.0) https://flic.kr/p/svUaQY

Border and Airport Privacy: My Appearance Before the Standing Committee on Access to Information, Privacy and Ethics

The Standing Committee on Access to Information, Privacy and Ethics has been conducting a much-needed study on the privacy issues arising from the border and airports. The study has attracted considerable media attention, with the Privacy Commissioner of Canada warning about U.S. border phone searches and the CBSA promising to begin tracking cellphone searches.  I appeared before the committee late last month alongside the Canadian Bar Association and privacy expert Kris Klein. The full transcript can be found here.

My opening remarks are posted below. I focused on four issues to consider in trying to address airport and border privacy concerns: Privacy Act reform, information sharing within government, the applicability of Charter rights at the border, and the role of the NAFTA negotiations.

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October 12, 2017 4 comments Committees, News
Equifax Key by GotCredit (CC BY 2.0) https://flic.kr/p/TqZ2V2

Into the Breach: How Canada’s Security Breach Disclosure Regulations Fall Short

With security breaches regularly affecting millions (or even billions) of people, effective security breach disclosure rules are an essential part of a modern privacy law framework. It may surprise many to learn that Canada still does not have mandatory security breach disclosure rules that require companies to notify affected individuals in effect. Rules were passed in 2015, but the accompanying regulations were puzzlingly slow to emerge. The government finally released proposed regulations late in the summer with a consultation that closed earlier this week. My submission, which focused on implementation, content of notices, and proposed “indirect” notification, is posted below.

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October 4, 2017 4 comments News