Law Privacy And Surveillance In Canada In The Post Snowden Era

Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

In 2013, Edward Snowden revealed that the NSA and its partners had been engaging in warrantless mass surveillance, using the internet and cellphone data, and driven by fear of terrorism under the sign of ’security’. In this compelling account, surveillance expert David Lyon guides the reader through Snowden’s ongoing disclosures: the technological shifts involved, the steady rise of invisible monitoring of innocent citizens, the collusion of government agencies and for-profit companies and the implications for how we conceive of privacy in a democratic society infused by the lure of big data. Lyon discusses the distinct global reactions to Snowden and shows why some basic issues must be faced: how we frame surveillance, and the place of the human in a digital world. Surveillance after Snowden is crucial reading for anyone interested in politics, technology and society.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

'Surveillance is confusing. Should we give up on expecting privacy because we're all being watched, or stop worrying because it's all exaggerated? Actually, neither of those is right. A much better idea is to find a book that is sane, well researched and easy to read, so you understand, don't fear needlessly, and can do something about the things that are wrong. A book like this one.' Nicky Hager Revelations about the nature and extent of global surveillance programs have shocked many. But what are their implications in the long term – and for New Zealand? Mapping New Zealand’s role in international intelligence-gathering from the Second World War to the present day, Kathleen Kuehn asks probing questions about the behaviour of both the state and corporations in our current ‘surveillance society’. Ultimately these questions force us to confront the way we value our individual privacy and civil liberties, for – as we often hear – why should any of this matter if we have nothing to hide?

From Grokster to Google, copyright has emerged as one of the Internet's most challenging legal issues. Once limited to a select group of scholars, copyright now captures front page headlines as millions of Canadians consider its impact on education, technology, communication, and culture. As Canada embarks on a new round of digital copyright reform, this collection of 19 essays from Canada's leading copyright experts provides context and analysis of the latest reform proposals. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, the collection reviews international copyright norms, assesses dozens of specific Bill C-60 provisions, and identifies potential future copyright reform initiatives. Completed immediately after the introduction of Bill C-60, this timely volume provides policy makers, lawyers, judges, educators, and interested Canadians with the tools and knowledge they need to participate in a copyright debate that will shape the future of the Internet, culture, and education in Canada.