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Privacy

The Conservatives Commitment to Internet Surveillance

This post, which focuses on the Conservatives commitment to pass lawful access legislation that would fundamentally reshape the Internet in Canada within the new Parliament’s first 100 days if it wins a majority, requires two caveats. The first is to emphasize that I believe digital policies are not a partisan issue. Developing a digital economy strategy, introducing balanced copyright, addressing cybercrime while preserving privacy is not a left or right, Liberal or Conservative, issue.

The second is to note that all the major parties have strong and weak points on digital issues:

the Conservatives passed anti-spam legislation, defended fair dealing reform on C-32, and pressured the CRTC on the usage based billing issue (they also failed to strike a balance on digital locks and include a digital economy strategy in their platform)
the Liberals made a strong commitment on digital policies in their platform, were the first to focus on open government, and called for changes to the digital lock rules (they also failed to take a stand on foreign investment in telecommunications and had MP Dan McTeague openly working with CRIA on an anti-consumer copyright policy)
the NDP were the first to draw attention to consumer issues on copyright, to commit to net neutrality, and to take a stand on UBB (they also are strong supporters of an iPod levy).

While there are good and bad with each party, the Conservatives new commitment to lawful access – new laws that would establish massive Internet surveillance requirements and the potential disclosure of personal information without court oversight – is incredibly problematic for the Internet, privacy, and online freedoms. It requires real debate yet seems likely to slip under the public radar.

April 9, 2011 — 70 comments — News

Jennifer Stoddart’s Shot Across the Privacy Bow

By virtually every measure, 2010 was a remarkably successful year for Canadian privacy commissioner Jennifer Stoddart. Riding the wave of high profile investigations into the privacy practices of Internet giants Facebook and Google, Stoddart received accolades around the world, while garnering a three-year renewal of her term at home.

My regular technology law column (Toronto Star version, homepage version) notes that last week Stoddart used her first public lecture of 2011 to put the Canadian privacy and business communities on notice that she intends to use her new mandate to reshape the enforcement side of Canadian privacy law. Speaking at the University of Ottawa, Stoddart hinted that she plans to push for order making power, tougher penalties, and a â€œnaming namesâ€ strategy that may shame some organizations into better privacy compliance practices.

January 26, 2011 — 3 comments — Columns

Jennifer Stoddart’s Shot Across the Privacy Bow

stoddartcolumn Appeared in the Toronto Star on January 23, 2011 as Empower Privacy Watchdogs to Enforce Laws, Name Offenders By virtually every measure, 2010 was a remarkably successful year for Canadian privacy commissioner Jennifer Stoddart. Riding the wave of high profile investigations into the privacy practices of Internet giants Facebook […]

January 26, 2011 — Comments are Disabled — Columns Archive

Ontario Privacy Commish Sides With Opt-Out on Behavioural Online Tracking

The U.S. FTC is in the midst of considering a proposed Do-Not-Track planthat seeks to address mounting concerns about behavioural tracking of online activities for marketing purposes [the practice became apparentin one of my recent classes when we visited an online dating site to discuss the use of Google advertising only to find that dating site advertisements appeared in subsequent, unrelated browsing]. Yesterday, both Google and Mozilla announced that they would install do-not-track features on the Chrome and Firefoxbrowsers.

The Electronic Privacy Information Center, one of the leading privacy groups in the U.S., makes the case for an opt-in approach, noting that it would better protect consumer privacy and is consistent with many other U.S. privacy statutes. It adds that:

Opt-in is more effective than opt-out because it encourages companies to explain the benefits of information sharing, and to eliminate barriers to exercising choice. Experience with opt-out has shown that companies tend to obfuscate the process of exercising choice, or that exemptions are created to make opt-outimpossible.

January 25, 2011 — 5 comments — News

Stoddart to Give Public Lecture on Privacy Protection

Privacy Commissioner of Canada Jennifer Stoddart will give a free, public lecture on making privacy protection more effective for Canadians at the University of Ottawa on Wednesday, January 19, 2011 at 4:00 p.m. Details here.

January 17, 2011 — 1 comment — News