Michael Geist, who often seems like the only person paying close attention to the Canadian government’s growing authoritarian attitudes to Canadians’ internet usage, shows the utter hypocrisy of the feds demanding access to a vast array of private and corporate information on a two-week deadline, when it can take literally years for them to respond to a request for access to government information:
Senator Joe McCarthy would be in awe of the Canadian government’s audacious power grab.
Library of Congress photo via Wikimedia Commons.
The government plans to introduce a motion next week requiring Google and Facebook to turn over years of private third-party communication involving any Canadian regulation. The move represents more than just a remarkable escalation of its battle against the two tech companies for opposing Bill C-18 and considering blocking news sharing or linking in light of demands for hundreds of millions in payments. The motion – to be introduced by the Parliamentary Secretary to the Minister of Canadian Heritage (yes, that guy) – calls for a series of hearings on what it describes as “current and ongoing use of intimidation and subversion tactics to avoid regulation in Canada”. In the context of Bill C-18, those tactics amount to little more than making the business choice that Heritage Minister Pablo Rodriguez made clear was a function of his bill: if you link to content, you fall within the scope of the law and must pay. If you don’t link, you are out of scope.
While the same committee initially blocked Facebook from even appearing on Bill C-18 (Liberal MP Anthony Housefather said he was ready for clause-by-clause review after just four hearings and no Facebook invitation), bringing the companies to committee to investigate the implications of their plans is a reasonable approach. But the motion isn’t just about calling executives before committee to answer questions from what will no doubt be a hostile group of MPs. The same motion sweeps in the private communications of thousands of Canadians, which is a stunning disregard for privacy and which could have a dangerous chilling effect on public participation. Indeed, the intent seems fairly clear: guilt by association for anyone who dares to communicate with these companies with an attempt to undermine critics by casting doubt on their motivations. Note that this approach is only aimed at those that criticize government legislation. There has been a painfully obvious lobbying campaign in support of the bill within some Canadian media outlets, but there are no efforts to uncover potential bias or funding for those that speak out in favour of Bill C-18, Bill C-11, or other digital policy initiatives.
It is hard to overstate the broad scope of the disclosure demands. Canadian digital creators concerned with Bill C-11 who wrote to Youtube would find their correspondence disclosed to the committee. So would researchers who sought access to data from Google or Facebook on issues such as police access to social media records or anti-hate groups who contacted Facebook regarding the government’s online harms proposal for automated reports to law enforcement. Privacy advocates focused on how Google administers the right to be forgotten in Canada would ironically find their correspondence disclosed as would independent media sites that wrote to Facebook about the implications of Bill C-18.
