News - All

  • – 2010-12-23 –

    The Supreme Court of Canada has granted leave SOCAN v. Bell, in which the Copyright Board and Federal Court of Appeal had agreed that consumer "previews" of 30 second music clips were fair dealing since they amounted to consumer research.

  • – 2010-11-19 –

    In an open letter to the House of Commons Standing Committee on Access to Information, Privacy and Ethics, CIPPIC and a number of civil society organizations voice serious concerns with respect to Bill C-29, currently before the House and scheduled for second reading early next week. The Bill, ironically dubbed the 'Safeguarding Canadians' Personal Information Act', proposes a number of amendments to Canada's federal privacy protection statute, PIPEDA. Far from improving privacy, the Bill threatens to erode civil liberties in serious ways. Even where it attempts to improve privacy, it falls short by failing to provide any incentive for compliance.

    The most troubling elements of the Bill pave the way to a dramatic expansion in the ways in which private businesses can be used in investigations against their own customers. While privacy should never be a bar to legitimate investigations of actual wrongs, the law provides mechanisms such as warrants, production orders, mandatory disclosure laws, and discovery processes that ensure investigations can occur with proper safeguards in place. This Bill essentially bypasses all of these safeguards by adding and expanding exceptions that permit organizations to simply give away their customer's information and includes elements evocative of the US PATRIOT Act and all the civil liberties violations that accompanied it.

  • – 2010-11-15 –

    CIPPIC filed its factum in Crookes v. Newton, which will decide the fate of the hyperlink in defamation law.  The case, on appeal from the B.C. Court of Appeal, has raised the issue of whether and under what circumstances posting a hyperlink to online content that contains defamatory statements can amount to publication of that content.  The plaintiff, Crookes, argues that posting a hyperlink draws the reader's attention to any defamatory statements contained in the linked article and this is sufficient to impose liability on the poster of the link.  He argues further that, by nature and convention, by posting a hyperlink the author of an article intends to incorporate the linked content into the original article.

  • – 2010-09-22 –

    The Office of the Privacy Commissioner of Canada has closed its file on CIPPIC’s 2008 complaint about Facebook’s privacy practices. The Office’s 2009 Report of Findings and its following letter of resolution required Facebook to make a number of changes. In a media release and Backgrounder, the Office reports that it is satisfied that the changes Facebook has implemented are “reasonable and meet the expectations set out under Canadian privacy law.

  • – 2010-09-20 –

    Today, the Supreme Court of Canada granted CIPPIC leave to intervene in Crookes v. Newton.  The case, on appeal from the B.C. Court of Appeal, has raised the issue of whether and under what circumstances posting a hyperlink to online content that contains defamatory statements can amount to publication of that content.  The plaintiff, Crookes, argues that posting a hyperlink draws the reader's attention to any defamatory statements contained in the linked article and this is sufficient to impose liability on the poster of the link.  He argues further that, by nature and convention, by posting a hyperlink the author of an article intends to incorporate the linked content into the original article.

  • – 2010-09-01 –

    As part of TNC CRTC 2010-43, a process examining the obligation of internet service providers to ensure universal affordable access to broadband Internet, CIPPIC, acting for OpenMedia.ca, argued in its submission that the CRTC is tasked with putting in place a comprehensive telecommunications framework, and that this mandate includes the obligation to ensure a minimal level of affordable access to telecommunications services for all Canadians.  CIPPIC explained that the CRTC has broad and varied tools at its disposal that it may use to ensure all Canadians have access to broadband Internet.

  • – 2010-08-17 –

    CIPPIC has sought leave from the Supreme Court of Canada to intervene in Crookes v. Newton.  The case, on appeal from the B.C. Court of Appeal, has raised the issue of whether and under what circumstances posting a hyperlink to online content that contains defamatory statements can amount to publication of that content.  The plaintiff, Crookes, argues that posting a hyperlink draws the reader's attention to any defamatory statements contained in the linked article and this is sufficient to impose liability on the poster of the link.  He argues further that, by nature and convention, by posting a hyperlink the author of an article intends to incorporate the linked content into the original article.

  • – 2010-07-13 –

    As part of its intention to help Canada regain its leadership position in the global digital economy, the government recently concluded a public consultation process which sought submissions from all sectors of the public on who to achieve this objective.

    CIPPIC provided two input streams into the Government's consultaiton process. First, we helped develop and endorsed a consensus subimssion convened by Andrew Clement and Karen Louise Smith of the University of Toronto's Faculty of Information. In addition, CIPPIC's 2010 summer interns put together a comprehensive submission that set out 36 recommendations. In this submission, CIPPIC calls on the government to encourage the creation of a digital environment that will be better for all Canadians and will serve as a model for other jurisdictions. CIPPIC offers recommendations on issues such as privacy, online file-sharing, and on quality and access to communications that will help the government achieve this objective.

    For more info see: https://cippic.ca/Digital_Economy_Consultation_Canada

  • – 2010-06-30 –
    In response to the growing role mobile Internet is playing in Canadian society as well to broad stakeholder consensus, the CRTC today issued Telecom Decision CRTC 2010-445, taking back the Commission's powers to act against unjust discrimination and undue preference by mobile data service providers.  In response to requests by CIPPIC (acting on behalf of OpenMeida.ca), the Commission additionally applied its Internet traffic management rules, intended to protect Net Neutrality, to mobile Internet.  Under these rules, service providers will only be permitted to discriminate by throttling particular  mobile data services where there is a problem that cannot be addressed by without throttling, and where the chosen method of throttling is narrowly tailored to the problem and minimally intrusive of user experiences.
     
  • – 2010-05-03 –

    The Ontario Divisional Court released a unanimous decision today that will protect the anonymity of online speakers.  The court held that before the identity of anonymous online users accused of defamation can be revealed, the plaintiff must convince the court there is an adequate basis for ordering such disclosure.  This overturns a lower court's decision that identities must be disclosed automatically.