Interview - CBC Radio Day 6 - Catching Cyberbullies

I was interviewed by Brent Bambury on CBC Radio's Day 6 on October 20, 2012 to discuss cyberbullying. The full audio is available below.

Catching Cyberbullies - Day 6 - CBC Player

DAY 6 | Oct 20, 2012 | 8:49

Catching Cyberbullies

In the wake of Amanda Todd's suicide, cries for justice have echoed around the world. Millions have watched the heart wrenching YouTube video where she describes how she was targetted online and bullied a various schools. Hundreds of thousands have signed petitions and called for law enforcement to arrest the cyber bullies and predators who tormented her for years. Privacy, Internet and media lawyer David Fraser discusses some of the complexities of this type of case.

Discussions about online bullying and harassment

The tragic story of Amanda Todd, a Victoria-area teenager who took her own life after a long period of being stalked and extorted by an adult and bullied by her peers, has placed a renewed focus on online bullying in Canada.

Over the past week, I've contributed to a number of discussions on the topic, including the following:

Catching Cyberbullies | Day 6 with Brent Bambury | CBC Radio: In the wake of Amanda Todd's suicide, cries for justice have echoed around the world. Millions have watched the heart wrenching YouTube video where she describes how she was targeted online and bullied at various schools. Hundreds of thousands have signed petitions and called for law enforcement to arrest the cyberbullies and predators who tormented her for years. Privacy, Internet and media lawyer David Fraser discusses some of the complexities of this type of case. [Audio of interview to be broadcast on October 20, 2012 is available here]

Cyberbullying Panel | CBC The National | CBC TV: Following the death of Amanda Todd, Wendy Mesley hosts a panel on the desire for justice in cyberbullying cases and if the legal system should get involved. [Video, originally broadcast October 19, 2012 is available here (skip to about 30 minutes in]

Interview with Paul Hollingsworth | CTV Atlantic

Interview - CBC Radio Maritime Noon - Social Media and the Law

I was interviewed on CBC Radio's Maritime Noon about the effects of social media on the courts and the administration of justice. The audio is available below.

CBC.ca | Maritime Noon | Social Media and the Law, Plumbing Questions, Glass Ban

July 19, 2012 - A judge declares a mistrial after finding out about a juror post on Facebook. We discuss the implications with lawyer David Fraser.

Why the heel-dragging on privacy law revision?

I was interviewed yesterday by Sarah Schmidt of Postmedia News about why the Harper Government appears to be dragging their heels on implementing Bill C-12 or kicking off the next mandatory five year review of PIPEDA.

Her interview with the Commissioner, Jennifer Stoddart, and me also focused on the Commissioner's apparent abandonment of the ombudsman model in favour of the ability to issue orders and to levy fines.

Feds dragging their heels on fixing privacy law: Stoddart

OTTAWA — Canada's privacy watchdog says she's "very, very disappointed" by the federal government's failure to update a law meant to protect the personal information of consumers.

Jennifer Stoddart's annual report on the private-sector privacy law, tabled Tuesday in the House of Commons, highlights how evolving technologies are creating new privacy risks for youth.

The report also flags how Parliament is required, every five years, to review the Personal Information Protection and Electronic Documents Act (PIPEDA), but the latest review, which was scheduled for 2011, but has yet to be launched. Meanwhile, amendments to the law, tabled last fall, are outdated already, says the report calling for new powers for the Office of the Privacy Commissioner.

"I am very, very disappointed that we're not moving ahead with privacy reform issues. They're long overdue," Stoddart said in an interview after the tabling of the report.

Under the current law, Stoddart has no power to impose any fines and companies are not required to report breaches to her office.

The proposed amendments tabled last fall do not include powers to impose fines, but do include a provision for mandatory reporting to the privacy commissioner if a company experiences a material breach. The bill, known as C-12, has not moved beyond first reading, which took place on Sept. 29, 2011.

"What is put there, I think, was current about three years ago, but in the meantime the world has moved on. I really think, like in most jurisdictions now, we need some sanctions for egregious data breaches." said Stoddart.

"We have to have powers that will be respected by these huge multinational corporations that are doing business online and you need a strong voice to be heard by them."

Pointing to the fact that the government's anti-spam law is still not in effect, despite its passage last year, Stoddard added: "There's a slowness that is hard to understand in this digital age."

David Fraser, a Halifax-based lawyer specializing in privacy laws, said it's "puzzling" the recommendations arising from the 2006 PIPEDA review process have not been enacted.

"They really come up with something that by all measures is a bit of a no-brainer."

Fraser said the government's decision to not begin the second PIPEDA review in 2011 makes more sense if the Tories aren't interested in discussing Stoddart's push for more powers, given how "significant" the proposal is.

"During the last review, the privacy commissioner was fine with being an ombudsman, not have order-making powers and using persuasiveness and co-operation and collaboration to get companies to change their practices," said Fraser.

"More recently, and including in her annual report, she's making noises about looking for additional powers, particularly the ability to levy fines and perhaps issue orders. And that is a significant change — not only a significant change in the approach of her office, which has consistently advocated the ombudsman position for 15 years, but it would make a significant change in the legislation. It may not be a discussion the government wants to have right now," added Fraser, who leads McInnes Cooper's Privacy Practice Group.

Industry Minister Christian Paradis declined to answer questions put to him about why C-12 has stalled in Parliament, the delay in the 2011 PIPEDA review, and Stoddart's push for more powers.

In a statement, Paradis said the government is "building a modern legal framework that will enhance consumer confidence in the online marketplace and support the growth of Canada's digital economy. The Personal Information Protection and Electronic Documents Act underwent a review that led to the drafting of Bill C-12, which is currently before Parliament."

Privacy for Sale: The Real Cost of Social Networking

This month's edition of The National magazine (National (English) - October/November 2010) has a significant multi-page article on privacy and social networking, featuring interviews with me, Michael Geist, Ariane Siegel and Jennifer Stoddart.

You can download the entire article in PDF here.

Mirror, mirror on the web

This week's Lawyers Weekly quotes me in an article by donalee moulton on monitoring and protecting your online defamation. See: Mirror, mirror on the web.

Canadian Privacy Law Blog turns six years old

On January 2, 2004, the first post for the Canadian Privacy Law Blog went live (though it was called "PIPEDA and Canadian Privacy Law" at the time.

Looking back to 2004, I had become an avid reader of legal blogs that were already being put out there and wanted to join the conversation. Many were such fantastic resources for a practitioner who needed to keep on top of developments in the law. At the time, privacy law was the most rapidly developing and it seemed a natural fit.

When I first clicked "Publish Post", I really hoped that I'd be able to keep at it. My greatest fear was, aside from not making a positive contribution, was joining the thousands of others who had abandoned blogs after a brief flurry of activity. My expectations have been greatly surpassed. Blogger tells me this will be the 3052nd posting to the Canadian Privacy Law Blog.

I'd like to thank the many people who read this blog regularly and subscribe to the RSS feed. I hope that it has proven to be of value to lawyers and others who have an interest in what I feel is one of the most interesting areas of the law. The tempo of developments in privacy law has varied and so has my posting frequency, but I plan to keep at it.

I thought it may be interesting to look at the top ten most read posts of 2009. Two topics that got a lot of attention in 2009, lawful access and social networking, weren't really on the radar in 2004.

1. European court rules that photo without consent is breach of privacy and human rights
2. Police get warrantless access to Sympatico customer's data
3. Privacy Commissioner to accept Fracebook's friend request
4. Lawful access to ISP subscriber information reintroduced
5. Cheating husband caught on Google Street View
6. New decision on warrantless access to ISP customer data
7. Mind your trash
8. 10 Privacy Settings Every Facebook User Should Know
9. Quebec movie theatre ordered to pay $10K in damages for bag search
10. Commissioner taking Air Canada to court over customer access to info

There's a lot going on in the arena of privacy law and I hope this blog has been of assistance in keeping on top of it.

(Birthday cake graphic used under a creative commons license from K. Pierce.)

Managing privacy in employee relations

I was invited to co-chair and present at the Canadian Institute's "Meeting Your Privacy Obligations" conference in Toronto. My presentation was specifically about managing privacy in the workplace, which is below if you're interested.

Here's a link if Google Docs aren't giving you due respect: Managing Privacy in Employee Relations

I have to say it was one of the best conferences of its kind that I've been to recently. The stellar speakers included Federal Privacy Commissioner Jennifer Stoddart, Alberta Information and Privacy Commissioner Frank Work and fellow bloggers Brian Bowman and Dan Michaluk. (Note: If you're reading my blog, you'll find theirs to be equally interesting and useful. So after you've read all my postings, head over there ...)

The irony of privacy enhancing technologies

I reported last month that the Information and Privacy Commissioner has issued a report on the proposal to dramatically increase video surveillance on public transit in Toronto. (Canadian Privacy Law Blog: Ontario Commissioner releases detailed report on TTC surveillance cameras)

InterGovWorld.com has an extensive article on the Commissioner's suggestion that reversible faceblurring technology may make the system more palatable. I spoke with the author, Rosie Lombardi, at length on the topic who has done a good job of summing up my take on the topic:

More privacy-boosting technology begets more video surveillance

... A point that's often overlooked is that privacy legislation is ultimately about feelings, says David TS Fraser, a privacy lawyer at Halifax-based law firm McInnes Cooper. "Although the legislation is written in a way that talks about personally identifiable information and identity theft, it's ultimately designed to protect people's sensibilities about unwanted intrusions," he says.

PET technology may not be enough to address those sensibilities unless the rules governing the use of surveillance are stated. "While the technology may do a good job of limiting the actual intrusions, I'm not sure it does much to address people's feelings about being watched. Unless the policies and procedures around surveillance are clearly communicated, it won't diminish that visceral feeling of unease about being spied upon."

Fear of the unknown is at the core. "If you see a cop at a corner, you can tell from his uniform who he is, what he's looking at, and if you've aroused his suspicions," he says. "But a camera is completely faceless. You don't know who's watching and how the information captured is used - will it wind up on late-night television?"

He notes a significant number of videos in these shows displaying people caught in embarrassing situations come out of Britain, where an extensive network of cameras in public places is rousing a public backlash. Cavoukian noted in her report that U.K. camera operators have caught entertaining themselves by zooming in on attractive women. "If you're going to outsource surveillance to a bunch of badly-paid guys locked in dark rooms, they're going to see more bums than bombs," agrees Fraser.

He concedes that automating the enforcement of policies and procedures around surveillance with PET technology rather than relying on fallible human operators to refrain from misusing the information offers some comfort. But he warns this may have the unintended effect of increasing video surveillance. "Unfortunately, this stuff makes it more acceptable to put video cameras all over the place, and by making it better and safer with less intrusive technology, it may ironically lead to more surveillance."

Big Brother is watching, but he doesn't seem to care

I was interviewed some time ago for a feature article in the Toronto Star on privacy issues associated with loyalty cards. These products are very popular in Canada, with Air Miles and Shopper's Drug Mart's Optimum card leading the way. Many of these programs have the potential to collect a vast amount of shopping data, but most of the companies interviewed by Paul Brent didn't really seem to care about collecting the sort of detailed individual data that most assume is being collected.

TheStar.com - Travel - Big Brother is watching, but he doesn't seem to care

If you've ever hesitated when handing over that loyalty card at the liquor store or the pharmacy wondering, "just who is looking at what I'm buying?" you might take some comfort in the answer: Likely nobody.

In theory, marketers have the power to drill down into the digital minefield of a consumer's spending and determine their buying preferences for everything from their favourite wine to their brand of shampoo.

However, the reality is that retailers and service companies are too busy to care what we do, except in large numbers.

"It is not as if you are getting mail from a glasswares manufacturer saying: `We notice that you drink a lot of beer,'" says Ed Strapagiel, executive vice-president of Kubas Consultants. "For the most part, retailers have not over-exploited this data. The power is there to use, but they haven't really gone after it."

The reluctance of merchants to dig deeper into the consumer treasure trove of information makes some sense, however, he adds. "Many of these retailers that we are talking about – Loblaws, Canadian Tire, Shoppers Drug Mart ... they are not direct marketers. If the whole basis of your business is driving business to your store, you are not going to use direct marketing."

Consumers, for their part, realize they are giving up some of their privacy but appear willing to pay that price for the benefits that come from loyalty programs.

"It's actually never bothered me," says Tracy, waiting outside a Shoppers Drug Mart with her dog while her husband shops inside. She has been a devoted Air Miles collector for a decade and flew her mother from Sault Ste. Marie to Toronto on points.

A buyer for a local theatre company, she regularly uses the Internet for private and work purchases, and says she keeps a "close eye" on her credit cards and bank accounts electronically. Her husband agrees the benefits of collecting reward miles outweigh any privacy fears – "even though they are probably tracking our every move," he jokes.

But consumers should be aware they are entering into an agreement with loyalty companies when they take a membership card. The price for those "free" perks, such as travel rewards or discounts on purchases, is that you agree to allow marketers to take an electronic peek into your shopping basket.

"There are a whole bunch of programs where people choose to give up some privacy for convenience," says David Fraser, a privacy lawyer with the Halifax firm of McInnes Cooper.

"It doesn't bother me," says Zan Harriott, who had just purchased a greeting card and lottery tickets at Shoppers and swiped her Optimum points card.

A member of the loyalty program since it started, she says she regularly collects rewards from the card.

Launched in 2000, the Optimum program has 8.2 million members, making it one of the country's largest.

Fraser has not heard of any Canadian marketers abusing the data they obtain from loyalty programs. "In my experience, the companies that run loyalty programs are really quite diligent about privacy issues."

When it comes to privacy and loyalty programs, many consumers are surprised that information is being collected for marketing purposes, while others expect someone in a nameless data centre is noting every last tube of toothpaste.

The reality is somewhere in the middle.

Fraser notes that Air Miles was the subject of a consumer complaint a few years ago, but the federal Privacy Commissioner found the marketer was not amassing the detailed shopping information "a lot of people would have expected them to be collecting."

That fear of just how much information is being gathered acts as a brake on the expansion of loyalty plans. "If you don't tell customers what is going on, they assume the worst," Fraser says.

As the country's biggest loyalty marketer, reaching two-thirds of Canadian households (there are 9 million "collector" households), Air Miles is sensitive to the issue of privacy.

"Not just for us but across the Canadian marketplace, privacy is a pretty significant public policy issue," says Mitchell Merowitz, vice-president of corporate affairs and chief privacy officer for the Air Miles reward program.

The fact that Air Miles has been the most popular loyalty program in the country since 2001 shows that most Canadians are not too worried about leaving a digital record of their purchasing habits.

Information collected by Air Miles is gathered on a household basis and is not product-specific. A successful swipe of the card tells the company the date, value and store a purchase was made.

"The information that you see on your summary statement is the information that we collect," Merowitz says.

Related stuff: Canadian Privacy Law Blog: Air Miles should be about data mining, not mass appeal, Canadian Privacy Law Blog: Article: Loyalty cards plus legwork can track beef buying, and the finding of the Privacy Commissioner of Canada referred to is on the PIAC website at http://www.piac.ca/privacy/loyalty_management_group_canada_inc/.

Smile, Big Brother's watching

I was interviewed some time ago for a Globe & Mail article on workplace surveillance, which appeared yesterday. The piece discusses keystroke loggers, access cards and video surveillance. See: globeandmail.com: Smile, Big Brother's watching.

Happy birthday to the Canadian Privacy Law Blog

Today marks the fourth anniversary of the Canadian Privacy Law Blog. Four years ago, on January 2, 2004, I put fingers to keyboard and joined the interesting conversation that was beginning to take shape on the internet among veteran bloggers and I'm glad I did. (Welcome to the Canadian Privacy Law blog.) According to Blogger, this will be my 2740th post to the blog.

Forgive me if I get a bit melancholic and wistful as I look back on the past four years, but it has been a very eventful one for me and for the world of privacy. And both are related, I think. (I mean the changes in the world of privacy have influenced me, not the other way around.)

The day before my first posting, the Personal Information Protection and Electronic Documents Act ("PIPEDA") came fully into force for all commercial activities in Canada. That day, the Personal Information Protection Acts of British Columbia and Alberta came into force, but were not declared to be "substantially similar" to PIPEDA until ten months later (Alberta and British Columbia privacy laws declared to be substantially similar.) Also on the legislative front, Ontario passed the Personal Health Information Protection Act and it became law in May, 2004 (Ontario's Personal Health Information Protection Act receives royal assent.) Perhaps as importantly, it was declared substantially similar on November 28, 2005. (PHIPA declared substantially similar.)

Much attention has been paid to the continuing erosion of privacy rights in the United States and Canada. In 2004, the Information and Privacy Commissioner of British Columbia brought the USA Patriot Act under scrutiny. (U.S. Patriot Act worries Privacy Commissioner and BC Information and Privacy Commissioner releases his report: Patriot Act contravenes BC privacy laws.) In response, British Columbia, Alberta and Nova Scotia have passed laws or amendments to existing laws to closely regulate the export of personal information outside of Canada. In the US, the USA Patriot Act has been subject to many judicial challenges with some success.

Perhaps the area that has been most visible to laypeople is the growing trend of requiring companies to report data breaches. California led the way and now more than thirty US states have such requirements. We haven't seen it in Canada (except in PHIPA in Ontario) but advocates are calling for such a requirement in Canada's privacy laws of general application. Coming clean has led to the public disclosure of a number of huge breaches, including Cardsystems, TJX/Winners, Department of Veterans Affairs and the UK Revenue and Customs Service. Whether we see a change in Canadian law has yet to be seen. Despite the huge publicity given to these breaches, business built on personal information -- such as Facebook -- thrive.

On the professional front, I've been very fortunate to have been invited to speak on the topic of privacy on more occasions than I can estimate. Highlights have been speaking at the Canadian Bar Association general meeting in Winnipeg in 2005, Canadian IT Law Association for the past few years and innumerable professional organizations. The blog has also led to innumerable media interviews and some amazing awards (I'd like to thank the academy. And my blog ... and An honour to even be considered.)

Perhaps more satisfying is that I've been fortunate to have met (in some cases, in the flesh) and to have been inspired by some great fellow legal bloggers. This list includes Connie Crosby, Rob Hyndman, David Canton, Michael Geist, Michael Fitzgibbon and the amazing Slawyers.

To my readers, thank you very much for taking the time to drop by. I hope it has been informative and useful. Please pass along any suggestions or your thoughts, either in the comments to my posts or via e-mail at david.fraser@mcinnescooper.com.

Birthday cake graphic used under a creative commons license from K. Pierce.

The Clawbies are out!

On New Year's Eve, Steve Matthews published his Clawbie awards for Canadian Legal Blogs. I was honoured to be a runner-up in the practitioner support category:

Clawbies.ca

2) Best Practitioner Support Blog - Garry Wise - Year-in and year-out, Garry is one committed law blogger. He offers his opinions on almost everything, and if you do a Google search for Toronto lawyer you’ll see how blogging benefits the online exposure of his practice. If you didn’t read his Starting a law firm post back in February, please do. Garry Wise consistently offers great vision to a lot of solos across the country. Runner ups: David Fraser’s Canadian Privacy Law Blog, Hull & Hull’s Toronto Estate Law Blog

Steve has been a big promoter of this blog and I'm grateful to have gotten to know him over the past years. Check out the full listing and support your local legal blogger!

Law enforcement access to personal information

Today I had the privilege of speaking at the annual professional development event of the Nova Scotia Criminal Lawyers Association, in association with the Nova Scotia Barristers' Society. The theme of the conference was very privacy-centric: Listening, Snooping and Searching: What's Right, What's Wrong.

I was also privileged to speak alongside S/Sgt Al Langille of the RCMP's integrated technology crime unit. He is a thirty-year veteran of law enforcement, including fifteen in technology crimes and computer forensics. A great guy and very privacy conscious.

My presentation, for those who may be interested, is here: http://docs.google.com/Presentation?id=ddpx56cg_48hcdnqv.

Tory legislation to target identity theft

The Canadian federal government is planning to table legislation in Parliament today to add additional offenses to the criminal code to deal with activities that are precursors to identity theft.

I was interviewed earlier today by CTV Newsnet on the topic (on Google Video):

Here is the media release:

Government of Canada Introduces Legislation to Tackle Identity Theft

GOVERNMENT OF CANADA INTRODUCES LEGISLATION TO TACKLE IDENTITY THEFT

OTTAWA, November 21, 2007 – Minister of Justice and Attorney General of Canada, the Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, today introduced legislation to help combat identity theft, which has been identified as a fast-growing problem throughout North America.

“This Government is following through on its commitment to give police the tools they need to better protect Canadians by stopping identity theft activity before the damage is done,” said Minister Nicholson. “I have tabled legislation that will make it an offence to obtain, possess or traffic in other people's identity information if it is to be used to commit a crime.”

The misuse of another person's identity information, generally referred to as identity fraud, is covered by current offences in the Criminal Code , such as personation and forgery. But the preparatory steps of collecting, possessing and trafficking in identity information are generally not captured by existing offences. The proposed legislation would create three new offences directly targeting aspects of the identity theft problem, all subject to five-year maximum sentences:

• obtaining or possessing identity information with intent to use it to commit certain crimes;
• trafficking in identity information with knowledge of or recklessness as to its intended use in the commission of certain crime; and
• unlawfully possessing and trafficking in government-issued identity documents.

Additional Criminal Code amendments would create new offences of fraudulently redirecting or causing redirection of a person's mail, possessing a counterfeit Canada Post mail key and possessing instruments for copying credit card information, in addition to the existing offence of possessing instruments for forging credit cards.

Moreover, a new power would also be added permitting the court to order, as part of a sentence, that an offender be required to pay restitution to a victim of identity theft or identity fraud where the victim has incurred expenses related to rehabilitating their identity, such as the cost of replacement cards and documents and costs in relation to correcting their credit history.

“Our Government understands that new and rapidly evolving technologies have made identity theft a widespread criminal activity that often involves organized crime,” added Minister Nicholson. “This is an issue that is harming Canada 's families, seniors and businesses. We are therefore taking action to tackle this serious problem.”

This legislative proposal is one in a new series of tackling community crime bills the Government of Canada will be introducing in this new session of Parliament. This series is in addition to the comprehensive Tackling Violent Crime Act that aims to better protect youth from sexual predators, protect society from dangerous offenders, get serious with drug impaired drivers and toughen sentencing and bail for those who commit serious gun crimes.

In addition to its plan to protect Canadians against identity theft, the Government of Canada has:

• introduced a National Anti-Drug Strategy, including legislation that would provide mandatory jail time for serious drug crimes;
• tabled legislation to strengthen the Youth Criminal Justice Act ; and announced a comprehensive review of this Act in 2008;
• invested in crime prevention community projects across Canada that target youth;
• passed legislation to increase penalties for those convicted of street racing; and
• passed legislation to end conditional sentences for serious crimes such as personal injury offences.

An online version of the legislation will be available at www.parl.gc.ca.

Here is additional coverage from CTV:

CTV.ca Tory legislation to target identity theft

Tory legislation to target identity theft

Updated Wed. Nov. 21 2007 11:58 AM ET

CTV.ca News Staff

The federal Conservatives will introduce legislation today aimed at charging people accused of identity theft even before stolen information is used to commit a crime.

Currently, the law makes it illegal to misuse someone's personal information to create false identification or for other fraudulent purposes.

However, it is not against the law to collect, possess or traffic another person's identity information.

The Tories want to amend the Criminal Code to make it an offence to possess someone's personal identifying information with the intent of selling it or using it to commit fraud.

"I think there's always a challenge in proving intent but we have a number of offences in our Criminal Code where intent is an important portion of proving the charge," David Fraser, a lawyer that specializes in privacy issues, told CTV.ca.

"You can do that by looking at the totality of the circumstances -- you don't necessarily have to look directly into the head of the accused."

In 2006, almost 8,000 victims reported losses of $16 million to PhoneBusters, the Canadian Anti-fraud Call Centre.

"There are probably even more who don't report it... (and) there isn't mandatory reporting from the banks or the credit bureaus who might be the first to hear about it," said Fraser.

He said the Tory initiative will give law enforcement an additional tool to help them deal with identity theft offences.

However, Fraser said attention should also be given to ensuring that businesses properly secure personal information in the first place.

"That's one of the places where information often gets into the hands of identity thieves," he said.

"Another part of it might be simply to make it a little more challenging in order for credit granters to extend credit to individuals."

Consumers can also take practical steps to protect their information by regularly checking bank statements and shredding personal documents, said Fraser.

The identity theft legislation is the latest in a flurry of anti-crime initiatives the Tories have announced this week.

On Tuesday, the Harper government introduced new legislation proposing mandatory sentencing for individuals convicted of serious drug-related crimes.

Federal Justice Minister Robert Nicholson said the new bill is designed to impose tough sentences on Canadians profiting from organized crime and violence.

If passed, Bill C-2 will impose the first mandatory sentences under the Controlled Drugs and Substances Act for people convicted of drug-related crimes.

On Monday, the Tories proposed changes to the Youth Criminal Justice Act.

The key proponents of their proposal are:

• Tougher sentences
• Allowing for pre-trial detention
• Allow courts to consider deterrence and denunciation as objectives of youth sentences

The Canadian Response to the USA Patriot Act

I was recently invited to contribute an article to the IEEE Security & Privacy magazine on the Canadian response to the USA Patriot Act. Here's the abstract:

The Canadian Response to the USA Patriot Act

Since the attacks of September 11, 2001, US authorities have spent untold millions of dollars guarding their frontiers to regulate what gets into the country. On the other side of the border, many Canadian jurisdictions have turned their thoughts to regulating what information flows southward into the US. This isn't out of concern about terrorism but rather about the US response to it.

Citation: David Fraser, "The Canadian Response to the USA Patriot Act," IEEE Security and Privacy, vol. 5, no. 5, pp. 66-68, Sept/Oct, 2007

I think I reserved the right to publish the article on the blog after the publication by IEEE, but I'll have to track down that release .... stay tuned.

Update: Definitely Not the Opera

I found out that tomorrow's Definitely Not the Opera is "all privacy, all the time".

Here's the synopsis from the website:

Definitely Not the Opera

Broadcast time: Saturdays at 1:00 p.m. (1:30 NT) on CBC Radio One

On the street, on stage or behind the scenes, DNTO takes listeners on a fast paced trip through the cultural landscape of Canada and around the world. Definitely Not the Opera is the ideal audio guide to the fast-changing world of popular culture. It's your tip sheet to what's hot, what to watch, who to listen to and what's going on.

This Week on DNTO!

Every breath you take… every move you make… DNTO will be watching you. ‘Cause this week, we’re looking at privacy, and asking the question – how far will you go to protect it?

From 1-2

To begin, Sook-Yin hits the streets to see what kind of bribe it take to get strangers to give up their deeply personal information.

Nick Purdon struggles to rid himself of that ancient violation of his mailbox’s privacy… junk mail.

So maybe the question isn’t so much how far you’ll go to protect your privacy… but why you should bother. Halifax-based lawyer and privacy expert David Fraser will come by to explain how your privacy is at risk in everyday situations… like turning on your computer at work.

Then it’s over to paranoid contributor Clare Lawlor, who has formed a special bond with her shredder.

Musicians put their private lives on the stage… so how do they maintain their privacy? Sook-Yin will chat with Neverending White Lights, and they’ll play us a tune live in studio.

And we’ll head south of the border to hear from funnyman John Wing with his take on privacy.

Plus tunes from the New Pornographers, Chris Walla, Crowded House and Hawksley Workman.

From 2-3

Sook-Yin pays a visit to Canadian science-fiction icon Robert J. Sawyer, who maintains that our notion of “privacy” might be a bit overrated… but to get to know Robert a little better, she’ll start by paying a visit to his garbage.

We’ll ask Robert to stick around for this week’s edition of Parlour Games.

Sook-Yin takes her mic back to the streets to find out how you’ve invaded the privacy of others. We willingly surrender a lot of our privacy online these days… but is it worth it? DNTO’s Wab Kinew looks into it.

Comedian Fraser Young loves the GPS chip. Privacy… not so much. He’ll explain why.

And Sook-Yin will talk with artist Hasan Elahi, who’s taken a unique approach to privacy… by making his every move public.

All that, and music from Immaculate Machine, Metric, the Russian Futurists, George Michael,and Prince.

DNTO airs Saturday afternoons across Canada at 1:00 p.m. (1:30 in Newfoundland) on CBC Radio One.

You can also catch the show on Sirius Satellite Radio channel 137 - Saturdays at 11:00 a.m. and 9:00 p.m.

And if you're in Chicago or Seattle, you can catch us on public radio... we're on WBEZ in Chicago Sunday at midnight, and on KXOT in Seattle Saturday at 9:00 a.m.

Plus, if you can't catch us on the air, download our weekly podcast of highlights from DNTO!

DNTO's theme music is "Bentley's Gonna Sort You Out" by Bentley Rhythm Ace.

UPDATE: My interview wasn't on the post-show podcast, but if you're interested, here's an MP3 of the interview (2931Kb).

Tune into Definitely Not the Opera's privacy segment

On Saturday, tune into CBC Radio One's Definitely Not the Opera, where they are doing a segment on privacy. I'm meeting the host, Sook-Yin Lee, on Friday for an interview to be broadcast Saturday afternoon.

More on Facebook and defamation

Not much of a privacy angle here, but I thought I'd post it nevertheless.

I was interviewed yesterday by the CBC to talk generally about issues related to defamation and Facebook, after it was reported that Facebook has shut down a group that falsely accused a Nova Scotia university of using dogs for scientific experiments.

Here's the video:

CBA's National magazine

The July/August edition of the CBA's National magazine is chock full of interesting stuff and interesting people. I'm quoted on page 17 in an article on e-mail encryption, there's a profile of Winnipeg privacy lawyer Brian Bowman starting on page 44 and David Canton has an article on document retention on page 56. You can read it all online here: National - July/August 2007