Episode 238: David Fraser on Why Bill C-2's Lawful Access Powers May Put Canadians' Digital Security At Risk
The Bill C-2 lawful access focus has thus far primarily centred on the creation of a new warrantless information demand power and the expansion of production orders to access information. Those provisions are found in Part 14 of the bill, but there is also a Part 15 that requires closer scrutiny. It grants law enforcement access to electronic service provider networks, including inspection, oversight, and demands regarding the equipment on their networks. At issue is everything from the use of end-to-end encryption to notifications of network vulnerabilities.
David Fraser is one of Canada’s leading privacy lawyers and he’s been sounding the alarm on the implications of those provisions. He joins the Law Bytes podcast to talk about the implications of Part 15 – aka the Supporting Authorized Access to Information Act – and what it means for network providers and the safety, security, and privacy of Canadians.
--------
35:08
--------
35:08
Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4
The government’s unexpected privacy reform agenda includes both lawful access in Bill C-2 and the evisceration of political party privacy in Bill C-4. While Bill C-4 is framed as implementing affordability measures, it also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000.
To examine the importance of political party privacy and the implications of Bill C-4, I’ve teamed up this week with the BC Freedom of Information and Privacy Association for a joint podcast. Together with Executive Director Jason Woywada we recorded a conversation that touches on data and political parties, the BC litigation that seems to have sparked federal action, and the Bill C-4 provisions. The conversation can be found on both of our podcasts: this Law Bytes episode and BC FIPA Access and Privacy Online podcast.
--------
37:23
--------
37:23
Episode 236: Robert Diab on the Return of Lawful Access
Lawful access is back. Bill C-2, the government’s border bill, includes a new information demand power that would result in warrantless disclosure of information about a subscriber, a new international production order, and requirements for providers to assist law enforcement in working with their networks. There will no doubt be multiple podcast episodes devoted to this bill in the coming months. To get started, Robert Diab, a law professor at Thompson Rivers University and the co-author of a recent text on Search and Seizure joins the Law Bytes podcast to discuss the historical context of lawful access and the key provisions in this bill.
--------
39:49
--------
39:49
Episode 235: Teresa Scassa on the Alberta Clearview AI Ruling That Could Have a Big Impact on Privacy and Generative AI
The privacy concerns with Clearview AI sparked investigations and court cases around the world. The issues date back many years, but recently an Alberta court weighed in on the application of provincial privacy law in a decision that has big implications not only for that company but for the intersection between privacy and generative AI.
To help unpack the ruling, I’m joined this week on the Law Bytes podcast by my colleague, Professor Teresa Scassa. The Canada Research Chair in Information Law at the University of Ottawa, Professor Scassa is one of Canada’s leading authorities on Canadian privacy and she joins the podcast to discuss the case and what it means for generative AI and privacy reform more broadly.
--------
31:00
--------
31:00
Episode 234: “Solutions Aren’t Going to be Found Through Nostalgia”: Mark Musselman on the CRTC Hearings on Canadian Content Rules
The CRTC recently wrapped up a two-week hearing on the Online Streaming Act that featured most of the usual suspects, though notably not the large streaming services. The Commission grappled with foundational issues such as modernizing the definition of Canadian content, instituting IP requirements, and introducing new discoverability rules into Canada’s broadcasting regulatory framework.
Mark Musselman is a former entertainment lawyer, longtime Canadian movie producer, current PhD student focused on cultural and legal policy, and the author of the White Paper Black Coffee substack. Having appeared many times before the CRTC, he joins the Law Bytes podcast to discuss the recent Cancon hearing, breaking down the major issues of debate and identifying what was missing from the discussion.
In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around the world. This podcast explores digital policies in conversations with people studying the legal and policy challenges, set the rules, or are experts in the field. It provides a Canadian perspective, but since the internet is global, examining international developments and Canada’s role in shaping global digital policy is be an important part of the story.
Lawbytes is hosted by Michael Geist, a law professor at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law and where he is a member of the Centre for Law, Technology and Society.
South Africa