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Full-Text Articles in Privacy Law
Submission Of The Citizen Lab (Munk School Of Global Affairs, University Of Toronto) To The United Nations Working Group On Enforced Or Involuntary Disappearances, Siena Anstis, Ronald J. Deibert, Émilie Laflèche, Jonathon W. Penney
Submission Of The Citizen Lab (Munk School Of Global Affairs, University Of Toronto) To The United Nations Working Group On Enforced Or Involuntary Disappearances, Siena Anstis, Ronald J. Deibert, Émilie Laflèche, Jonathon W. Penney
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Understanding Chilling Effects, Jonathon W. Penney
Understanding Chilling Effects, Jonathon W. Penney
Articles & Book Chapters
With digital surveillance and censorship on the rise, the amount of data available unprecedented, and corporate and governmental actors increasingly employing emerging technologies like artificial intelligence and facial recognition technology for surveillance and data analytics, concerns about “chilling effects,” that is, the capacity for these activities to “chill” or deter people from exercising their rights and freedoms, have taken on greater urgency and importance. Yet, there remains a clear dearth in systematic theoretical and empirical work points. This has left significant gaps in understanding. This Article has attempted to fill that void, synthesizing theoretical and empirical insights from law, privacy, …
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier
Articles & Book Chapters
End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …
Canadian Privacy Law And The Post-War Freedom Of Information Paradigm, Jonathon W. Penney
Canadian Privacy Law And The Post-War Freedom Of Information Paradigm, Jonathon W. Penney
Articles & Book Chapters
An overemphasis on technology among Canadian privacy scholars has neglected other important historical factors in the development of privacy law. The chapter aims to help fill that void through a case study examining how a broader Post War paradigm, centred on freedom of information, impacted on Canada's most important early privacy laws, including Canada's first privacy law - Part VI of the Canadian Human Rights Act (1977); the federal Privacy Act (1983); and the Personal Information Protection and Electronic Documents Act (PIPEDA)(2000). The case study suggests that despite wider concerns about privacy when each law was enacted, those concerns were …