CALEA: Increasing Government Surveillance, Limiting Technological Innovation

This article takes a look at the Communications Assistance for Law Enforcement Act (CALEA), which was passed in 1994 to facilitate law enforcement authorities’ wiretapping of digital telephone networks. In 2004, the FCC suggested substantial expansions in the scope of the CALEA in its Notice of Proposed Rulemaking (NPRM). In August 2005, the FCC’s Final Rule expanded the CALEA to include Internet broadband and VoIP providers. This article also explores privacy watchdogs’ criticism of government surveillance [...]

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Senate Investigates Mobile Data Collection, Companies Respond to Consumer Fears

On May 19, 2001, a US Senate subcommittee met to discuss “Consumer Privacy & Protection in the Mobile Market Place.” As mobile phones and location-based apps are becoming more ubiquitous, this has raised a number of consumer concerns regarding the amount and type of sensitive information that is being collected, stored and shared by developers and third-parties. [...]

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Implementing the EU e-Privacy Directive: The Cookie Problem

This article explores the EU e-Privacy Directive, with a focus on the “Cookie Law,” which was passed late 2009. The Directive has yet to be fully implemented in all EU member states and the amendment of the “Cookie Law” has created additional roadblocks to harmonization of legislation across Europe.

Background: e-Privacy Directive
The European Commission’s Directive of Privacy and Electronic Communications 2002/58/EC (also referred to as the e-Privacy Directive) required that public communications providers (i.e. internet service providers and telecommunications companies) inform national regulatory authorities of any data security breach. Subscribers should also be notified if the personal data breach is likely [...]

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Justice Department Pushes for Mandatory Data Retention

On January 25, 2011, the US Department of Justice brought the issue of mandatory data retention to the House Subcommittee on Crime, Terrorism, and Homeland Security. Currently, there is no law requiring internet service providers (ISPs) to retain user data, and ISP retention practices are inconsistent in terms of type of data and retention period. Law enforcement authorities have long argued that mandatory data retention would advance criminal investigations, especially those dealing with child pornography and sexual predators. Critics argue that retention of user data would result in numerous privacy and freedom of speech [...]

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Combatting Online Infringements & Counterfeits Act

The US Combatting Online Infringements and Counterfeits Act (COICA) made headlines this fall as a censorship bill masquerading as a copyright infringement bill. This article explores the COICA, which aims to amend the United States Code by removing Internet sites that may be dedicated to, or involved with, infringing activities. The article also examines some potential repercussions and criticisms of the COICA, which have been raised by privacy activists and Internet experts.

What is COICA?
The Combatting Online Infringements and Counterfeits Act (COICA) refers to a potential Internet censorship bill that may be passed in the United States. While it appears to [...]

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Ontario’s Privacy-Protective Facial Recognition System

Efficient and accurate authentication of individuals is a growing challenge across a number of sectors. There are currently three main forms of authentication, based on something you know, something you have and something you are. The third form is especially interesting in light of biometric technologies as a means of verification. This article explores some recent applications of biometrics in Ontario.

OLG and OIPC Announcement
On November 12, 2010, Tom Marinelli, the Acting CEO of the Ontario Lottery & Gaming Corporation (OLG) and Dr. Ann Cavoukian, the Ontario Information & Privacy Commissioner (OIPC), announced a new development in privacy-protective facial recognition technology. [...]

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EU Data Retention Directive: A Request for Repeal

Data retention has been an important issue for law enforcement agencies and privacy rights organizations alike. Governments have made efforts to require telecommunications service providers to record and retain information, such as telephone calls, emails, or other communications. This article examines the European Union Directive on Mandatory Retention of Communications Traffic Data, which was enacted in March 2006. The article goes on to look at criticisms of the Directive as well as recent efforts calling for the repeal of this Directive.

Background: The 2006 EU Data Retention Directive
The EU Data Retention Directive 2006/24/EC required that operators of public electronic communication networks [...]

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RFID Technology

In recent years, RFID (radio frequency identification) has caught the attention of privacy watchdogs, civil organizations and the general public. Its ability to identify and track items as well as individuals raises a number of privacy and security concerns, while the potential for integration into numerous contexts has increased with the development of technology. Discussion and integration of RFID in the workplace, retail situations and other environments should be informed by a number of privacy-respecting practices that will be explored in this [...]

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Surveillance & Investigation in Canada

The introduction of Bills C-46 and C-47 in Canada sparked concern regarding the role of the federal government and other authorities to expand surveillance and increase investigation of the Canadian public. The bills were tabled June 2009 and continue to be met with much concern. This article will elaborate on the significant aspects of each bill, with an eye to some of the potential privacy concerns that may be [...]

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Privacy Act of 1974

The Privacy Act of 1974 is a public sector law that regulates the use of personal information by the United States Government. Specifically it establishes rules, similar to the Fair Information Practice Principles that determine what information may be collected and how it may be used in order to protect the personal privacy of U.S. [...]

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