Using Law Responsibly:What Happens When Law Meets
Technology?
michael geistcanada research chair in internet and e-commerce law
university of ottawa
digital surveillanceprivacy
electronic marketingcopyright
Lawful AccessDigital Privacy Act
CASL2012 Copyright Reform
Bill C-51CETATPP
2016
Next Five Years
Using Law Responsibly
Activities on the Networkvs.
The Network Itself
<1>Access
Regulated competition
<2>Security
C-51 Debate
Lawful Access
Basic Subscriber Information
Bills C-46 & 47• Mandatory subscriber info disclosure to “designated person” (CSIS, law enforcement):
– Name– Address– telephone number – Email address– Internet protocol address– mobile identification number– electronic serial number– local service provider identifier– international mobile equipment identity number– international mobile subscriber identity number – subscriber identity module card number that are associated with the subscriber’s service and
equipment• Individual police officer can also require in exceptional circumstances
Warrantless?What Information?
What Circumstances?What Thresholds?
Data Retention
What Information?How Long?
Who has Access?
Network Interception Capabilities
Bills C-46 & 47• Interception equipment capabilities
– Capability to provide intercepted communications– In same format as the communication (no requirement to decrypt)
• Operational requirements– Enable interception– Isolate communication– Provide proscribed info– Multiple interceptions
• Must maintain capabilities with new software, services• Must report some new equipment to government if acquire from another telco provider• Every telco provider must submit report on equipment within 6 months of law taking effect• Government can reduce requirements
– Phase in period - 18 months for new equipment; 3 years for ISPs with <100,000 subscribers• Penalties for non-compliance
Who Pays?What Networks?What Regulation?
Encryption
Backdoors?What Products/Services?
Safeguards?Oversight?
<3>Internet Tax
<4>Linking
“If you click through to a journalist's story, then at that point perhaps that journalist and the newspaper that employs him should receive a payment. There are ways to get at this.”
- Alberta Weekly Newspapers Association
<5>VPNs
<6>Global Orders
<7>Localization
<8>Blocking
What happens when law meets technology
Using Law Responsibly
Meet Our Responsibility
@mgeist
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