As reports of yet another government security breach emerge, NDP MP Charmaine Borg has at least tried to kickstart the government’s dormant private sector privacy reform efforts with a private member’s bill that would add mandatory security breach disclosure requirements to the law along with new order making power. The […]
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Internet Surveillance Bill is Dead but Canada’s Telecom Transparency Gap is Alive and Well
The government’s recent decision to kill its online surveillance legislation marked a remarkable policy shift. The outcry over the plan to require Internet providers to install surveillance capabilities within their networks and to disclose subscriber information on demand without court oversight sparked an enormous backlash, leading to the tacit acknowledgment that the proposal was at odds with public opinion.
While many Canadians welcomed the end of Bill C-30, my weekly technology law column (Toronto Star version, homepage version) notes the year-long battle over the bill placed the spotlight on an ongoing problem with the current system of voluntary disclosure of subscriber information: Internet providers and telecom companies disclose customer information to law enforcement tens of thousands of times every year without court oversight.
Internet Surveillance Bill is Dead but Canada’s Telecom Transparency Gap is Alive and Well
Appeared in the Toronto Star on February 23, 2013 as Canada’s Telecom Transparency Gap is Alive and Well The government’s recent decision to kill its online surveillance legislation marked a remarkable policy shift. The outcry over the plan to require Internet providers to install surveillance capabilities within their networks and […]
Ontario Court of Appeal Permits Warrantless Search of Cellphone Without Password Protection
In a surprising and troubling decision, the Ontario Court of Appeal has permitted a police search of a cellphone that was not password protected or locked during the course of an arrest. The court found that the police had a reasonable belief that the phone might contain relevant evidence and […]
Lawful Access is Dead (For Now): Government Kills Bill C-30
Justice Minister Rob Nicholson announced yesterday that the government will not be proceeding with Bill C-30, the lawful access/Internet surveillance legislation:
We will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30, including the warrantless mandatory disclosure of basic subscriber information or the requirement for telecommunications service providers to build intercept capability within their systems. We’ve listened to the concerns of Canadians who have been very clear on this and responding to that.
This shift in policy is remarkable, particularly for a majority government that has used crime as a legislative wedge issue. Almost one year ago to the day – on February 13, 2012, Public Safety Minister Vic Toews infamously told the House of Commons that critics of his forthcoming bill could stand with the government or with the child pornographers. Bill C-30 was introduced the following day, but within two weeks, a massive public outcry – much of it online – forced the government to quietly suspend the bill and now a year later openly acknowledge that it is dead.
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