Michael Geist's regular column in the Toronto Star is very interesting this week. It highlights that the recent decision of the Canadian Supreme Court regarding a single, national securities regulator throws into question the constitutionality of other federal laws that depend on the "general trade and commerce" power of the Canadian constitution, such as PIPEDA and the new anti-spam law. Geist predicts, rightly I think, that the Privacy Commissioner of Canada will likely face a constitutional challenge to her jurisdiction if she proceeds aggressively for order-making powers.
Check it out: Geist: Are Canada’s digital laws unconstitutional?.
I think the key here is moderation on both sides. Cyber criminals may be a serious problem, but the digital world should not be restricted so much as to render the web useless.
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