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