Mediacheck

Less Private, More Neutral, Low Spam

This is the future of the Canadian Internet if a trio of recent events are any indication.

By Michael Geist, 23 Jun 2009, TheTyee.ca

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No court order required for personal ISP info.

Last Thursday began as an ordinary, rainy spring day in Ottawa. Canadian politicians, having just avoided an unwanted election, were only two days away from an extended summer break. Yet by the end of the day, a trio of events unfolded that could help shape the Internet in Canada for years to come.

No court oversight for lawful access law

The first took place mid-morning, with the introduction of new lawful access legislation. The bills would dramatically change the Internet in Canada, requiring Internet service providers to install new surveillance capabilities, force them to disclose subscriber information such as name, address, and email address without a court order, as well as grant police broad new powers to obtain Internet transmission data.

The introduction of the legislation by Justice Minister Rob Nicholson and Public Safety Minister Peter Van Loan -- accompanied by more than a dozen law enforcement representatives -- generated an immediate wave of criticism. ISPs expressed concern about the cost of the program, while privacy groups lamented the government's about-face on the issue of court oversight since Stockwell Day, the previous public safety minister, had pledged not to introduce mandated disclosure of subscriber information without it.

Given the experience with misuse of surveillance powers in other countries, the bill will likely continue to attract attention as Canadians ask whether the government has struck the right balance between providing law enforcement with the necessary investigative powers, ensuring robust oversight, and preserving online privacy.

Libs join NDP in Net neutrality

Hours later, the scene shifted to question period, where Liberal Industry critic Marc Garneau surprised Internet watchers by emphasizing the importance of an open Internet and declaring that the Liberal party now firmly supports net neutrality. The party has adopted a position opposing the management of Internet traffic that infringes privacy and targets specific websites, users and legitimate business applications.

The move represents an unexpected shift in policy direction just weeks before the Canadian Radio-Television and Telecommunications Commission is scheduled to conduct hearings on network management practices. For months, the NDP has stood virtually alone among the major Canadian political parties in its support for net neutrality. With the Liberals onside, the door is open for a bipartisan effort this fall to enshrine net neutrality principles into law.

Anti-spam legislation stays strong

Immediately after Question Period, the Standing Committee on Industry held its final hearing before the break on the Electronic Commerce Protection Act, Canada's new anti-spam bill. Some business groups have sought to water down the legislative proposal, implausibly arguing that Canadian privacy law is sufficient to address persistent spamming activities and that the ECPA's tough penalties could dissuade talented business leaders from taking on corporate directorship positions for fear of potential liability.

Representatives from the Office of the Privacy Commissioner of Canada, the Competition Bureau, and CRTC Chair Konrad von Finckenstein firmly put those fears to rest. Assistant Privacy Commissioner Elizabeth Denham rejected the view that current privacy laws are up to the task of countering Canadian spam and welcoming the clarity of the anti-spam bill. Von Finckenstein was similarly supportive of the ECPA, expressing optimism about its potential to address longstanding spam concerns and doubt about whether the prospect of penalties would create a disincentive for would-be corporate directors.

These issues -- lawful access, net neutrality, and the ECPA -- will be back on the parliamentary agenda in the fall. But on a single rainy day in Ottawa, all three moved to the fore with big implications for the future of the Internet in Canada.

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 [Tyee]

4  Comments:

  • dorothy

    23-06-2009

    Yes, where?

    I would like to see a solid case for the necessity of such powers. If it exists, we should listen, but they have so far shown nothing, just given us a lot of bafflegab. We need to see actual cases where expanded and earlier and underhanded access would have made a difference. Otherwise, it clashes with that section of the constitution that says that the rights and freedoms are subject only to such limits as can be DEMONSTRABLY justified in a free and democratic society. Making the job easier doesn't count, only making it possible from having been impossible.

    At the very least, if a case can be established, we need reliable safeguards against unhinged police officers such as the one who ran licence plates on workers at the abortion clinic and harrassed them at their home addresses.

    Actually, I don't believe in any 'safeguards' regarding these people. This whole thing gives very bad optics, just on top of the self-serving guff and the deplorable performances we have been served in the Robert Dziekanski saga.

  • ME2

    23-06-2009

    Saving us from the slippery slope.

    I suppose we should find it amusing that Right-wingers like Harper and Campbell's closet Reformers who have cried so long and loud about "Nanny Government" and "Soviet-style intrusion into peoples affairs" should be so quick to be just as authoritarian when given the chance.

    Hmmmm. If the Gestapo did it, that was OK, (since they were against not just Jews, but Communists, Socialists, and Homosexuals as well.) but what the NKVD did in similarly treating real or potential dissidents was Bad - MUY bad.

    Yes, Mr Harper, by all means control the Net, for them there terrorisms is EVERYWHERE these days.

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