Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb

Lawful Access

Lawful Access Returns Under the Cover of Cyberbullying Bill

Appeared in the Toronto Star on November 22, 2013 as Lawful Access Returns Under the Cover of Cyber-Bullying Bill In February 2012, then-Public Safety Minister Vic Toews introduced Internet surveillance legislation that sparked widespread criticism from across the political spectrum. The overwhelming negative publicity pressured the government to quickly backtrack […]

November 27, 2013 — Comments are Disabled — Columns Archive

The Privacy Threats in Bill C-13, Part One: Immunity for Personal Info Disclosures Without a Warrant

The introduction of Bill C-13 – the “cyberbullying bill” with extensive lawful access provisions – has generated considerable discussion on its privacy implications. While many have noted that Justice Minister Peter MacKay took less than a year to retreat from the government’s commitment that “any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30”, the question will soon focus on whether the new bill contains any privacy threats in need of reform.

It is certainly true that the government has removed two of the most controversial C-30 provisions by excluding warrantless mandatory disclosure of basic subscriber information and the requirement for telecommunications service providers to build intercept capability within their systems. However, several provisions still featured in the bill are cause for concern. This post focuses on the new safe harbour protections for voluntary disclosure of personal information without a warrant. Posts to follow later this week will examine the lower thresholds for access to metadata and location information.

November 25, 2013 — 8 comments — News

Inside the Fight for Digital Rights in Canada

I presented the closing keynote address at the Parkland Institutes 17th Annual Conference: Facts, Fictions and Truth. In recent years, the fight over digital rights, including online privacy, digital copyright, internet surveillance, and fair access, has captured the attention of a growing number of Canadians. I examined the emerging digital rights movement in Canada and its close connection to freedom of speech and privacy.

November 23, 2013 — Comments are Disabled — Conferences, Video

Lawful Access is Back: Controversial Bill Returns Under the Guise of Cyber-Bullying Legislation

In February 2012, then-Public Safety Minister Vic Toews introduced Bill C-30, the “Protecting Children From Internet Predators Act“. While the government marketed the bill as an attempt to protect children from Internet predators (and infamously accused opponents of siding with child pornographers), it soon became readily apparent that the bill was really about adopting a wide range of measures that increased police powers, stripped away privacy rights, and increased Internet surveillance. The overwhelming negative publicity led the government to put the bill on hold. Earlier this year, then-Justice Minister Rob Nicholson announced that Bill C-30 was dead:

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.

Nicholson’s commitment lasted less than a year (the same was true on lawful access in 2007, when Stockwell Day promised no warrantless access to subscriber information only to have Peter Van Loan backtrack a year and a half later). Yesterday, Peter MacKay, the new Justice Minister, unveiled Bill C-13, the Protecting Canadians from Online Crime Act. The similarly-named bill is now marketed as an effort to crack-down cyber-bullying, yet the vast majority of the bill simply brings back many (though not all) lawful access provisions.

November 20, 2013 — 36 comments — News

Lawful Access Back on the Agenda in the Fall?

When the government announced earlier this year that its controversial lawful access legislation was dead, many suspected that the bill – which has resurfaced numerous times over the past decade – would be back sooner or later. Peter MacKay, the newly installed Justice Minister, recently suggested that it may be […]

August 26, 2013 — 10 comments — News