How Surveillance Law was Expanded in Canada, What the Media has Reported, and What’s Next

This talk will provide an overview on the specific lawful access powers that came into force in Canada March 2015‎; how they are rolling out in the view of the media and the courts (e.g. the TELUS and Rogers cases), and; how the authorities intersection with S-4 and C-51 (around permissions for information-sharing). Some highlights from the recent ‎submission on rights and security around lawful access, encryption and hacking tools will also be covered.
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Law, Metaphor and the Encrypted Machine

Encryption technology raises unavoidable and ideologically loaded problems for courts—as recent cases like the FBI v Apple debate have bluntly illustrated. This tension has meant a real risk of shortsighted policy decisions that both jeopardize our civil liberties and compromise commercial interests. We all have a stake in the outcome of these debates, but the legal arguments are normally murky… at best.

Judges reason through analogy and metaphor, using conceptual bridges to transition between old and new technologies in the law. But when new technologies inherit old metaphors, they also inherit old rules, models and limitations. So how do courts and lawmakers think about the encrypted machine—and how should they? Continue reading…