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Cyber Summit 2016: Using Law Responsibly: What Happens When Law Meets Technology?


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The law has long struggled to keep pace with the rapid change that comes with the Internet and new technologies. From the cross-border challenges posed by a global network to the privacy implications of big data, law and policy simply cannot move at “Internet speed.” Yet despite the difficulties, politicians and policy makers increasingly find themselves at the heart of emerging policy issues, asked to address the balance between privacy and surveillance, the competing copyright interests of creators and users, and the market structure for network providers and disruptive competitors. This keynote talk will explore the emerging law and policy challenges, highlighting how all Internet users have the opportunity to help shape the digital policy landscape. Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law.

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Cyber Summit 2016: Using Law Responsibly: What Happens When Law Meets Technology?

  1. 1. Using Law Responsibly: What Happens When Law Meets Technology? michael geist canada research chair in internet and e-commerce law university of ottawa
  2. 2. digital surveillance privacy electronic marketing copyright
  3. 3. Lawful Access Digital Privacy Act CASL 2012 Copyright Reform
  4. 4. Bill C-51 CETA TPP
  5. 5. 2016
  6. 6. Next Five Years
  7. 7. Using Law Responsibly
  8. 8. Activities on the Network vs. The Network Itself
  9. 9. <1> Access
  10. 10. Regulated competition
  11. 11. <2> Security
  12. 12. C-51 Debate
  13. 13. Lawful Access
  14. 14. Basic Subscriber Information
  15. 15. 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
  16. 16. Warrantless? What Information? What Circumstances? What Thresholds?
  17. 17. Data Retention
  18. 18. What Information? How Long? Who has Access?
  19. 19. Network Interception Capabilities
  20. 20. 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
  21. 21. Who Pays? What Networks? What Regulation?
  22. 22. Encryption
  23. 23. Backdoors? What Products/Services? Safeguards? Oversight?
  24. 24. <3> Internet Tax
  25. 25. <4> Linking
  26. 26. “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
  27. 27. <5> VPNs
  28. 28. <6> Global Orders
  29. 29. <7> Localization
  30. 30. <8> Blocking
  31. 31. What happens when law meets technology
  32. 32. Using Law Responsibly
  33. 33. Meet Our Responsibility
  34. 34. @mgeist