Ontario Information and Privacy Commissioner, and DRM

/ Christopher Parsons

200903201224.jpgIn his recent discussion with Ann Cauvoukian, Jesse Brown seems to have touched on a nerve. In the interview, the Commissioner discusses the use of self-encrypting/decrypting security systems that are meant to meet her ‘PET Plus’ program; she wants to ensure that measures are embedded in surveillance technologies that secure individuals’ privacy while at the same time enabling police to perform their duties. In the case of cameras, this will mean that all bodies on the screen are barely visible – not blurred, but almost erased from a non-decrypted viewing. Individuals are only revealed on film when a decryption algorithm is applied; until then, those individuals hold a spectre-like existence.

Russell McOrmond has taken a strong stance against this, arguing that the Commissioner’s efforts would make first-party/content owners subservient to third party agents who hold decryption keys. It is important to note that, as the Commissioner has presented her ideas, the police, or some other authority, would be the only group who would have access to these keys. This would limit the use of CCTV by employees to illegitimately survey clients/patrons/etc. Surprisingly quickly, Ken Anderson (Assistant Commissioner, Privacy, Ontario) has jumped into the discussion.

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Update: More on Quebec EDLs

/ Christopher Parsons

200903191537.jpgQuebec formally announced that EDLs will be available for Quebecers on Monday, with Jean Charest using a relatively bogus financial argument to support EDLs.* Says he:

“If there are five people, five kids and two parents, if they had to all pay for a passport it would be an expensive requirements for them to come here” (Source)

Not withstanding Charest’s poor math (I count seven people in his ‘equation’), the costs that he is referencing are for the people coming to Quebec, not the costs of Quebecer’s traveling to the US. Were he really concerned about costs, he could adopt the line that the OPC and IPC (Ontario) have been pushing: Canadian’s should have their passport’s subsidized, and the lifetime of these documents extended. Were he honestly concerned about the privacy concerns, he would be pushing passports, not EDLs. Fortunately, of course, Charest is a stanch ‘supporter’ of privacy:

“[Privacy is a serious issue. We believe we need to do what has to be done to protect the privacy of individuals” (Source)

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Update: EDLs in Saskatchewan and Quebec

/ Christopher Parsons

200903161147.jpgAs I noted a few days ago, the Saskatchewan government is debating whether or not they want to implement EDLs given the privacy and financial risks that accompany the licenses. It seems as though the Office of the Privacy Commissioner of Canada is supporting this hesitancy, with the assistant privacy commissioner;

. . . is applauding the province’s decision to back away from the enhanced licences until legislation addresses concerns about how personal information is used and how vulnerable it is to hackers.

“It’s highly significant,” Bernier said in an interview with The Canadian Press. “The province seems to come to the conclusion … that the cost-benefit analysis is not convincing.” (Source)

It will be interesting to see whether or not Saskatchewan reintroduces EDL legislation after Ontario’s information and privacy commissioner manages to implement an ‘on/off’ switch that she has been talking about with Jesse Brown for the past few weeks. My suspicion is that they will, but that they will let Ontario do the heavy lifting in this area (I expect that Ontario’s influence with DHS will be more substantial than Saskatchewan, but maybe that isn’t/won’t be the case).

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Demonstration: Why Mashups are Awesome

/ Christopher Parsons

200903132009.jpgWhen you read Lessig, he keeps pointing to Girl Talk. That’s because Girl Talk is awesome, and is one of the most prominent mashup artists. Let’s say that you’re not into the particular sounds GT is producing (which isn’t unreasonable) – if that’s the case, and that’s why you think mashup ‘sucks’, hit the video below to see what harsh music copyright laws will outlaw. The creativity is manifest in the video is clearly original, possessing focus, and is simply awesome.

Update: EDLs in Saskatchewan

/ Christopher Parsons

200903121823.jpgSome interesting news coming out of Saskatchewan: the government is looking to put the brakes on Enhanced Drivers License (EDLs). While headlines are saying that this is dominantly because of privacy concerns, I think that cost is probably a deeper reason for turning away these licenses. Crown Corporations Minister Ken Cheveldayoff is on record saying:

The criteria from homeland security has been changing. The costs have been increasing and if they go to a point where it just doesn’t make sense anymore then we’re not going to move forward. (Source)

It seems as though costs have risen from $50 – $80 dollars, without a clear sign of that stopping. Cost (financial and political) really seems to be the force keeping these licenses out of the hands of the public.

This being said, I should be fair and point out that the Privacy Commissioner of Saskatchewan hasn’t received the Privacy Impact Assessment from Sask. Government Insurance (Source). The Commissioner wasn’t outright opposed to the EDLs, and is instead suggesting that the province look to its neighbors for ways of tweaking the Bill 72 legislation.To me, this suggests looking to BC and Ontario. I don’t know exactly what the consequences of this kind of ‘tweaking’ would be, especially given how limited those governments incorporated suggested privacy protections, but it would be nice to see documents that really put the Commissioner’s cards (and desired changes) on the table. Seems like a FOI moment….

Update: EDLs and Real ID

/ Christopher Parsons / 4 Comments

200903121807.jpgThere has been discussion that Enhanced Drivers Licenses are really a ‘gateway document’ towards implementing a continental identity management system. The Department of Homeland Security’s new secretary, Janet Napolitano, is an outspoken critic of the Real ID program. There has been wide speculation about what her position would be concerning Real ID now that she is running the department that was pushing Real ID. We’re now starting to see her position come out:

Enhanced driver’s licenses give confidence that the person holding the card is the person who is supposed to be holding the card, and it’s less elaborate than Real ID. (Source)

As long as states are running the databases, rather than there being a central federal database, she’s willing to get behind EDLs. While it’s good that the DHS is retreating from a full-scale deployment of Real ID, I’m not so sure that shifting to EDLs is a ‘solution’ to the privacy issues that are discussed surrounding the RFIDs in EDLs.