News - All

  • – 2017-07-18 –

    CIPPIC's submission to Global Affairs Canada on the re-negotiation of NAFTA calls for transparency and caution.  CIPPIC's letter groups its recommendations under three broad categories:

  • – 2017-06-30 –

    A letter was sent today on behalf of coalition comprised of 83 leading organizations and experts from Australia, Canada, New Zealand, the United Kingdom and the United States to their respective governments in reaction to renewed state calls for measures that would effectively weaken encryption. The letter responds to a ministerial meeting of the five governments' respective security officials hosted in Ottawa earlier this week, where possibilities for facilitating increased state access to encrypted data were discussed.

    The ministerial occurred under the auspices of the 'Five Eyes' - a surveillance partnership between intelligence agencies within the five countries, including Canada's Communications Security Establishment (CSE). It generated a joint Communique, which presented encryption as a serious barrier to public safety efforts and an impediment to state agencies wishing to access the content of some communications for investigative reasons.

    The coalition letter, which was organized by Access Now, CIPPIC, and researchers from Citizen Lab, called on the Five Eye governments to "respect the right to use and develop strong encryption" while urging broader public participation in future discussions such as the one that occurred earlier this week. Strong and uncompromised encryption has never been more important, as it protects our most sensitive data, our increasingly critical online interactions, even the integrity of our elections.

  • – 2017-06-28 –

    Creative Commons has published the official translations of the 4.0 licenses in French.  CIPPIC is proud to report that Nicolas Jupillat, one of CIPPIC's past Google Fellows and the lead of the CC Canada translation effort, took this important initiative on and made valuable contributions to what ended up being a two-year effort to bring the translations to the world.

    Creative Commons reports:

    The French language translation involved two face-to-face meetings in 2016, the first in Paris and the second in Ouagadougou. Unique to this translation is that participants from both civil and common law legal traditions converged on a common translation of the six licenses. CC thanks the tireless efforts of translation leads Nicolas Jupillat of CC Canada, Daniele Bourcier of CC France, and Patrick Peiffer of CC Luxembourg. These three were supported in their efforts by many over the course of the translation work, including Esther Ngom from Cameroon and Prof. Tonssira Myriam Sanou from Burkina Faso, who co-organized the Ouagadougou meeting.

  • – 2017-06-23 –

    In a 4-3 decision, the Supreme Court of Canada ruled in Douez v Facebook, Inc. 2017 SCC 33, that Facebook’s efforts in its terms of service to require Canadians to pursue grievances with Facebook in California courts instead of Canadian courts is unenforceable.

    The case involved a class action against Facebook alleging violations of BC's Privacy Act. The class action could not proceed, however, as Facebook argued that its terms of service require disputes to be resolved in California courts and under California law. Historically, the Supreme Court of Canada's jurisprudence favoured enforcement of these “forum selection clauses” on the rationale that holding sophisticated commercial parties to their jurisdictional choices advances the underlying principles that private international law seeks to achieve.

  • – 2017-06-01 –

    CIPPIC has been awarded a grant from the Office of the Privacy Commissioner of Canada, through its Contributions Program, for a research project analyzing the activities of data brokers in Canada.

  • – 2017-04-10 –

    Today marks the launch of the 2017 Google Policy Fellowship (Canada), which will host a Google Policy Fellow at each of Canada's two leading technology research and policy centres - CIPPIC and the Citizen Lab, University of Toronto. CIPPIC's Google Policy Fellow will join our Summer Internship Program and work closely with CIPPIC staff on a range of dynamic, cutting edge law & technology issues as we seek to further our public interest mandate. This includes helping to formulate strategy, conducting research and analysis, and drafting submissions to various levels of court, political and legislative venues, and regulatory bodies. Substantively, CIPPIC advocacy covers a diverse range of digital rights/policy issues, including copyright, privacy/electronic surveillance, telecommunications regulation/net neutrality, online consumer protection, online speech, access to knowledge and more general Internet governance concerns. CIPPIC is strongly committed to a diverse environment, and in particular encourages applications from racialized persons / persons of colour, women, Indigenous / Aboriginal People of North America, persons with disabilities, LGBTQ persons, and others who will enrich our discourse by ensuring it is the product of a diversity of perspectives.

    The policy fellow will also participate in our Summer Speaker Series, which brings leading experts in Canadian law & technology fields in to discuss various pressing issues with our students in a closed environment. See past annual bulletins for a list of past speakers, as well as a description of some of our work. Applications are due Friday, April 28, 2017. The fellowship will run for 10 weeks this summer and is open to any law students or law graduate students, with specific times and dates to be coordinated with the host organization. Application details are available at: https://cippic.ca/jobs/google_policy_fellowship_canada_2017.

  • – 2017-04-09 –

    Google Policy Fellowship - Canada

    Google Policy Fellowship (Canada) 2017

    A unique opportunity to spend the summer with one of Canada's leading technology policy research centres.

    Program overview

    The Google Policy Fellowship (Canada) program offers students, researchers, and practitioners interested in Internet and technology policy the opportunity to spend the summer contributing to the public dialogue on these issues, and exploring future academic and professional interests.

    Fellows will have the opportunity to work at two of Canada’s premier research groups at the forefront of debates on broadband and content regulation, copyright and creativity, consumer privacy, government surveillance, data security, data innovation, free expression and more.

    Fellows will be assigned a lead mentor at their host organizations and will have the opportunity to work with several senior staff members over the course of the summer. Fellows will be expected to make substantive contributions to the work of their organization, including conducting policy research and analysis, drafting reports and white papers, attending workshops and conferences, and participating in other research activities.

    Who should apply?

  • – 2017-03-21 –

    A NAFTA Arbitration Panel has dismissed Eli Lilly's claim for compensation from the Canadian government for the invalidation of two of its patents by the Supreme Court of Canada.  Lilly claimed that Canada's utility standard under patent law failed to meet its NAFTA obligations, and that the invalidation of its patents amounted to an expropriation that entitled it to a remedy under NAFTA's investor protection provisions.

    Lilly's argument sought to leverage international trade investor protection provisions to shape the general contours of substantive intellectual property law.  The Panel rejected that invitation, declining to challenge courts' supervisory role over patentability in the Canadian patent system, stating that "a NAFTA Chapter Eleven tribunal is not an appellate tier" and that it would be inappropriate for a NAFTA tribunal to assess judicial conduct against NAFTA obligations other than in "exceptional circumstances, in which there is clear evidence of egregious and shocking conduct."   

    Decision:

    Previously:

  • – 2016-11-10 –

    The Federal Court of Canada has found that obtaining, reading and distributing paywalled articles for the purposes of assessing and responding to the contents of those articles constituted fair dealing under the Copyright Act.

    In a tightly drafted judgement, Justice Barnes found that the Finance Department employees exercised their fair dealing rights for research purposes in receiving a pair of articles from a Blacklock's subscriber, and reading and sharing those articles internally with other Department employees.  Justice Barnes rejected Blacklock's arguments that its terms of use barred such dealing, noting that it was not Blacklock's practice to explicitly bring such terms to the attention of users, and, in any event, those terms contained an ambiguity permitting reproduction and distribution for non-commercial, personal or educational purposes.

    Given the outcome of its fair dealing analysis, Justice Barnes saw no need to address the Government's claim that Blacklock's practices constituted copyright misuse, although he did note that there are "certainly some troubling aspects to Blacklock's business practices".  The Court awarded costs to the Government.

  • – 2016-10-05 –

    Last month, Public Safety Canada followed through on commitments to review and consult on Canada’s national security framework. The process reviews powers that were passed into law following the passage of Bill C-51, Canada’s recent controversial anti-terrorism overhaul, as well as invite a broader debate about Canada’s security apparatus. While many consultation processes have explored expansions of Canada’s national security framework, the current consultation constitutes the first modern day attempt to explore Canada’s national security excesses and deficiencies. Unfortunately, the framing of the consultation demonstrates minimal direct regard for privacy and civil liberties because it is primarily preoccupied with defending the existing security framework while introducing a range of additional intrusive powers. Such powers include some that have been soundly rejected by the Canadian public as drawing the wrong balance between digital privacy and law enforcement objectives, and heavily criticized by legal experts as well as by all of Canada’s federal and provincial privacy commissioners. The government’s framing of the issues are highly deficient. Specifically, the consultation documents make little attempt to explain the privacy and civil liberties implications that can result from the contemplated powers. And while the government is open to suggestions on privacy and civil liberties-enhancing measures, few such proposals are explored in the document itself. The consultation documents also fail to provide detailed suggestions for improving government accountability and transparency surrounding state agencies’ use of already-existent surveillance and investigative tools. 

    In light of these deficiencies, we will be discussing a number of the consultation document’s problematic elements in a series of posts authored in conjunction with Christopher Parsons at the Citizen Lab, beginning with today's installment (after the jump, or in PDF format) regarding the government’s reincarnation of a highly controversial telecommunication subscriber identification power.