This document summarizes issues at the intersection of law and technology in Canada over the next five years. It discusses debates around lawful access to data, encryption, data retention, and network interception capabilities. Other issues addressed include internet taxes, linking and payments between platforms, VPN use, global orders for content removal, localization requirements, and website blocking. The document argues that as these issues are addressed through law and policy, responsibilities must be met to use law responsibly and consider matters like privacy, oversight, safeguards, and technological implications.

1. Using Law Responsibly:
What Happens When Law Meets
Technology?
michael geist
canada research chair in internet and e-commerce law university of
ottawa

5. digital surveillance
privacy
electronic marketing
copyright

7. Lawful Access
Digital Privacy Act
CASL
2012 Copyright Reform

8. Bill C-51
CETA
TPP

9. 2016

10. Next Five Years

11. Using Law Responsibly

13. Activities on the Network
vs.
The Network Itself

14. <1>
Access

19. Regulated competition

20. <2>
Security

22. C-51 Debate

23. Lawful Access

24. Basic Subscriber Information

25. 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

27. Warrantless?
What Information?
What Circumstances?
What Thresholds?

28. Data Retention

29. What Information?
How Long?
Who has Access?

30. Network Interception Capabilities

31. 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

32. Who Pays?
What Networks?
What Regulation?

33. Encryption

35. Backdoors?
What Products/Services?
Safeguards?
Oversight?

36. <3>
Internet Tax

43. <4>
Linking

46. “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

48. <5>
VPNs

52. <6>
Global Orders

56. <7>
Localization

60. <8>
Blocking

64. What happens when law meets
technology

70. Using Law Responsibly

71. Meet Our Responsibility

72. @mgeist