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Privacy

The Digital Economy Strategy Consultation: My Submission

Last night I submitted my response to the government’s digital economy strategy consultation. A text version is posted below. A PDF version can be downloaded here.

The submission touches on a wide range of issues, including general concerns such as who leads the strategy, who pays for it, and the value in identifying openness as a general principle. It then discusses specific concerns around infrastructure (broadband networks, net neutrality, digital television transition, foreign investment), capacity to innovate (spam, security breach disclosure, Privacy Act, lawful access), and digital content (copyright reform, open data, open access, digitization, domain names).

Update: The submission has now been posted on the consultation website.

July 13, 2010 — 1 comment — Committees, News

Federal Court Rules in State Farm Privacy Case

Earlier this year, I wrote about a federal court case in which State Farm argued that Canadian private sector privacy law was unconstitutional. The court issued its ruling last week, finding in favour of State Farm but not addressing the constitutional arguments.

July 12, 2010 — Comments are Disabled — News

EU Article 29 Working Party Puts ACTA on the Agenda

The EU Article 29 Working Party, which addresses privacy issues in Europe, has placed ACTA on its agenda for its next meeting on July 12-13, 2010.

July 5, 2010 — Comments are Disabled — News

Setting the Record Straight: 32 Questions and Answers on C-32’s Digital Lock Provisions, Part Two

Yesterday's post on the 32 Questions and Answers on Bill C-32's digital lock provisions focused on general issues in the bill, including compliance with WIPO, the penalty provisions, and their constitutional validity. Today's post discusses the shortcomings in the anti-circumvention exceptions that are included in C-32. With the exception of a new exception for cellphone unlocking, the exceptions are the same as those found in C-61 and a virtual mirror of the U.S. DMCA. For those that want it all in a single package, I've posted the full series as PDF download.

C-32's Circumvention Exceptions

This section features answers to the following questions:

Bill C-32 contains circumvention exceptions for encryption research and security testing. Doesn't that address the research concerns?
Bill C-32 contains a circumvention exception for privacy. Doesn't that address the privacy concerns?
Bill C-32 contains a circumvention exception for the visually impaired. Doesn't that address those access concerns?
Bill C-32 contains a circumvention exception for interoperability. Doesn't that address those concerns?

June 9, 2010 — 17 comments — News

Security Breach Disclosure Bill Has Bark But No Bite

Last week Industry Minister Tony Clement unveiled two bills touted as important components of the government’s national digital strategy. The Fighting Internet and Wireless Spam Act is a repeat of the anti-spam bill that passed through the House of Commons last year but died after Parliament prorogued. Since the new bill reflects roughly the same compromise that garnered all-party support, it should receive swift passage.

My weekly technology law column (Toronto Star version, homepage version) argues that the second bill, the Safeguarding Canadians' Personal Information Act, is likely to be far more controversial. The bill amends Canada’s existing privacy legislation by establishing new exceptions for businesses and new powers for law enforcement.

June 1, 2010 — 1 comment — Columns