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David TS Fraser

@privacylawyer.ca
2.3K followers 791 following 953 posts

Canadian internet and privacy law counsel to global companies.

PostsRepliesMedia
David TS Fraser @privacylawyer.ca · 02/10/2026
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David TS Fraser @privacylawyer.ca · 26/09/2026
I guess I was listening ...
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David TS Fraser @privacylawyer.ca · 18/09/2026
Woke up to this ....
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David TS Fraser @privacylawyer.ca · 13/09/2026
This will be up on my YouTube channel this evening ...
A thumbnail for a youtube video showing a middle aged white guy with grey hair in front of a bookshelf, with the words "The Canadian social media ban for kids is unconstitutional" in yellow.
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David TS Fraser @privacylawyer.ca · 09/09/2026
How you can tell you're in the accounting department's supply room and not the IT department's ...
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David TS Fraser @privacylawyer.ca · 07/09/2026
I'm no artist. I have more vision than skill. I spent hours in photoshop trying to turn this picture into something that looked like a sketch. It kind of worked. A couple of minutes with Gemini, and I had the image that I wanted. (I took the original photo with the end result in mind.)
Photograph from the side of a Boston Whaler 20 foot boat.An attempt at turning the earlier photo into a sketch with a lot of digital artefacts. A recreation of the first photo as a sketch made with blue ink.
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David TS Fraser @privacylawyer.ca · 02/09/2026
Alberta court recognizes the tort of “intrusion upon seclusion” in the province, but tweaks it slightly compared to the Ontario version. See BD v Germain, 2026 ABKB 590 canlii.ca/t/kmsj5
The Test for Intrusion upon Seclusion
[42]           In order for a plaintiff to establish the tort of Intrusion upon Seclusion they must prove the following on a balance of probabilities:

a.      The defendant’s conduct was intentional or reckless;

b.      The defendant must have invaded, without lawful jurisdiction, the plaintiff’s private affairs, or concerns; and

c.      A reasonable person, in the position of the plaintiff, would regard the invasion as highly offensive, causing distress, humiliation, and anguish.

[43]           I recognize that the third element of this test is slightly different from the test for Intrusion upon Seclusion in Ontario. In Ontario, the third element of the test is simply that a “reasonable person would regard the invasion...”, rather than a “reasonable person, in the position of the plaintiff, would regard the invasion...” However, like the House of Lords in Campbell v MGN Ltd, [2004] UKHL 22, and this Court in Shillington, I prefer the reasonable person to be considered is the person affected by the publication, rather than the viewer of the publication.
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David TS Fraser @privacylawyer.ca · 27/08/2026
If you see a posting on social media by a police agency about a person who has been reported as missing, please amplify it. Also consider that postings that include the person's name that remain after they are found can have a long-term impact on them. #MissingPersons
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David TS Fraser @privacylawyer.ca · 14/08/2026
Until about a month ago, I knew exactly what was referred-to as a "lettuce slip".
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David TS Fraser @privacylawyer.ca · 10/08/2026
This is holding down the fort here. (My YT video from last month is still rendering.)
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David TS Fraser @privacylawyer.ca · 21/07/2026
Extra Ugh ... I have two LG monitors.
Screencap from Windows Start menu saying "LG Monitor App Installer".
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David TS Fraser @privacylawyer.ca · 08/07/2026
It appears your site is infected with malware.
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David TS Fraser @privacylawyer.ca · 17/06/2026
After too many hours of watching spirit-killing clause-by-clause on Bill C-22 Lawful Access, a bright light! I had to find out more about the gorgeous shawl/jacket worn by MP Debellefeuille. I hope nobody on my Christmas list is reading this. It's from her riding: boutiquelemuso.com/products/jet...
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David TS Fraser @privacylawyer.ca · 17/06/2026
Wow. I didn't think things would sink this low. This is definitely Vic Toews level rhetoric. globalnews.ca/news/1190824...
“It’s time to choose. It’s a time to choose between victims of crime who are demanding that we, as parliamentarians, act to protect them. It’s the time to choose because law enforcement needs modern tools to fight modern criminals. Those tools are in Bill C-22.”

Anandasangaree’s comments echoed those of his Conservative predecessor Vic Toews in 2012 when the Harper government was pushing its own expanded lawful access bill. During debate in the House of Commons that year, Toews said critics “can either stand with us or with the child pornographers.”
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David TS Fraser @privacylawyer.ca · 16/06/2026
Hmm. Government witness at #SECU says Bill C-22, which creates a new production order for subscriber information, isn't about production orders or even "speak to them".
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David TS Fraser @privacylawyer.ca · 16/06/2026
It's a botnet takedown!
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David TS Fraser @privacylawyer.ca · 16/06/2026
The problem with takedowns of content based on mere suspicion under Bill C-34, the Safe Social Media Act. More here: youtu.be/E08XVXwojMw
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David TS Fraser @privacylawyer.ca · 16/06/2026
Canada's proposed social media ban for youth in #BillC34, the "Safe Social Media Act". More info here: youtu.be/E08XVXwojMw
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David TS Fraser @privacylawyer.ca · 15/06/2026
Tune into CPAC at 3:45 ET / 4:45 AT for the introduction of the new federal privacy law: www.cpac.ca/en
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David TS Fraser @privacylawyer.ca · 13/06/2026
It looks like a whole new Canadian federal privacy law will be tabled in the House of Commons on Monday. Very interesting that it appears to have a completely different structure than the last attempt at privacy law reform. www.ourcommons.ca/documentview...
Notice Paper
No. 136

Monday, June 15, 2026

11:00 a.m.

Introduction of Government Bills
June 12, 2026 — The Minister of Artificial Intelligence and Digital Innovation — Bill entitled “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts”.
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David TS Fraser @privacylawyer.ca · 10/06/2026
Coming up on CPAC at 5:00 ET / 6:00 AT. "Headline Politics: Federal Government Introduces Safe Social Media Act" www.cpac.ca/en
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David TS Fraser @privacylawyer.ca · 10/06/2026
What?
Biography for Chief Rizzi

Chief Rizzi began his firefighting career with Vaughan Fire and Rescue Service, in Vaughan, Ont., rising through the ranks to ultimately serve as Fire Chief.
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David TS Fraser @privacylawyer.ca · 09/06/2026
As we anticipate a social media ban to be proposed by the Canadian government tomorrow, it's worth noting in the Charter of Rights: "everyone" includes young people and "media of communication" includes social media.
Fundamental freedoms

2 Everyone has the following fundamental freedoms: …

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
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David TS Fraser @privacylawyer.ca · 09/06/2026
Here it comes: Bill C-34 Digital Safety Act (aka Online Harms): www.ourcommons.ca/documentview...
Notice Paper
No. 132

Tuesday, June 9, 2026

10:00 a.m.

Introduction of Government Bills
June 8, 2026 — The Minister of Canadian Identity and Culture and Minister responsible for Official Languages — Bill entitled “An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other Acts”.
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David TS Fraser @privacylawyer.ca · 04/06/2026
BS/Spin: "Government cannot allow foreign corporations to dictate public safety in Canada." Reality: The Canadian Association of Chiefs of Police opposed the adoption of the Charter. Police lobbyists can't dictate the rights of Canadians in Canada.
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David TS Fraser @privacylawyer.ca · 01/06/2026
Tune in tomorrow as the #SECU committee has agreed to another hearing on Bill C-22 Lawful Access. Some great organizations to hear from. www.ourcommons.ca/DocumentView...
Bill C-22, An Act respecting lawful access
Witnesses
 
3:30 p.m. to 4:30 p.m.
Canadian Bar Associaton
• Christiane Saad, Chair, Privacy and Access Law Section
Canadian Constitution Foundation
• Alexander Surgenor, Counsel
Signal
• Udbhav Tiwari, Vice-President, Strategy and Global Affairs (by videoconference)
4:30 p.m. to 5:30 p.m.
Canadian Muslim Public Affairs Council
• Khaled Alqazzaz, Executive Director (by videoconference)
Centre for Free Expression
• Tim McSorley, Senior Fellow
OpenMedia
• Matthew Hatfield, Executive Director (by videoconference)
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David TS Fraser @privacylawyer.ca · 28/05/2026
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David TS Fraser @privacylawyer.ca · 28/05/2026
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David TS Fraser @privacylawyer.ca · 28/05/2026
Meanwhile, at the moment when the Minister should be most familiar with the details of his Bill, he flubs up something pretty basic and important.
Definition of metadata will be included
Amendments are due Wednesday night, but Anandasangaree said the government will propose changes "to ensure there's clarity on what encryption is," and better define metadata in the legislation.

"We would ensure that that metadata piece is in line with our U.S. counterpart's language in their bill," he said. (Anandasangaree's office later clarified to CBC News that he was referring to the U.S. law's encryption provisions, not metadata.)
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David TS Fraser @privacylawyer.ca · 26/05/2026
Note the use of the word "intended". I don't care what the drafters say they "intend" with the Bill. I care about what it does.
Lawful access under C-22, by contrast, is intended to obtain limited
and specific information held by an electronic service provider (ESP)
via controlled, authorized requests without undermining cyber security.

This approach supports the principle that cyber security and public safety are not mutually exclusive but should be advanced together.
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David TS Fraser @privacylawyer.ca · 26/05/2026
Canada's signals intelligence agency, CSE, joins Public Safety in misleading spin about Bill C-22 Lawful Access. Part 2 of the bill does not "mandate" backdoors, but it authorizes the Minister to secretly order backdoors. www.ourcommons.ca/Content/Comm...
Bill C-22 recognizes this need. It does not mandate “backdoors”. Rather, it seeks to facilitate targeted, lawful, and exceptional access under strict legal controls. This distinction is essential:
• A backdoor creates a lasting, generalized vulnerability that can be
exploited by malicious actors.
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David TS Fraser @privacylawyer.ca · 26/05/2026
Chill your preferred beverage and get the popcorn ready: Four hours of witness testimony on Bill C-22 Lawful Access is about to start at 3:30 ET. Click on "Watch on ParlVU" to watch live or on demand. www.ourcommons.ca/DocumentView...
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David TS Fraser @privacylawyer.ca · 25/05/2026
The Information Technology Industry Council notes in their submission to the SECU Committee two very problematic provisions in Bill C-22 Lawful Access, which haven't gotten much attention in light of the Bill's other huge problems. www.ourcommons.ca/Content/Comm...
Personnel security clearance and location requirements: Section 18 of the bill grants broad regulation-making power that could require personnel who respond to law enforcement requests to hold Canadian security clearances or be physically located in Canada. This is inconsistent with the approach taken by every other Five Eyes nation and goes against the effectiveness of global technology companies’ centralized, specialized law enforcement response teams. Requiring a separate layer of Canadian based and -security-cleared personnel would delay response times, increase operational complexity, and impose disproportionate requirements on companies. Risk of physical access to electronic service provider infrastructure: the bill’s security requirements for "facilities and premises" of electronic service providers could enable regulations authorizing physical access to data centers, server rooms, and network infrastructure. This would not improve investigative outcomes given the distributed and virtualized nature of cloud computing, and it would create significant security risks for all customers hosted on shared infrastructure, including government and regulated entities.
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David TS Fraser @privacylawyer.ca · 25/05/2026
The Barreau du Québec's brief to the SECU Committee on Bill C-22 Lawful Access is an interesting read. It focuses exclusively on Part 1, and has this banger quote: www.ourcommons.ca/Content/Comm...
To clearly articulate our position, we endorse the principles established by the Supreme Court of Canada in R v. Bain:

“Unfortunately it would seem that whenever the Crown is granted statutory power that can be used abusively then, on occasion, it will indeed be used abusively. The protection of basic rights should not be dependent upon a reliance on the continuous exemplary conduct
of the Crown, something that is impossible to monitor or control.”
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David TS Fraser @privacylawyer.ca · 21/05/2026
It is absolutely clear that under Bill C-22 (Lawful Access), the government intends to turn every phone into a tracking device. "Federal officials on the defensive as momentum grows against lawful access bill" www.cbc.ca/news/politic...
In the first case, Giles said the service was trying to determine the movements of a terrorist group. CSIS had obtained a warrant and was trying to trail the cellphone of a person of interest, but the electronic service provider did not have the capability to track the device because it isn't legally required to, she said. 

"And so as a result, we had to resort to very costly and very risky in-person surveillance that also maintained significant gaps in our coverage," she said.

Under Bill C-22, the government could require electronic service providers to develop and maintain location tracking capabilities.
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David TS Fraser @privacylawyer.ca · 19/05/2026
In the meantime, enjoy this picture of puffins.
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David TS Fraser @privacylawyer.ca · 17/05/2026
The gov't says "there will be no backdoors" under C-22 (lawful access), but they're defining what is a backdoor. By their definition, a big door that says "cops only" and is part of a company's mandatory security controls is not a backdoor. www.canada.ca/en/services/...
Bill C-22 would not create "backdoors" and weakening of cybersecurity
The Canadian Centre for Cyber Security defines a "back door" as a hidden mechanism that bypasses security controls. Bill C-22 does not require ESPs to create "backdoors" to their systems or the weaken electronic protections, including encryption.
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David TS Fraser @privacylawyer.ca · 16/05/2026
Please, Public Safety Minister Anandasangaree, point to the safeguards in your "lawful access" Bill C-22. Everyone who knows what they're talking about have observed they're inadequate or non-existent. www.cbc.ca/news/politic...
"Tech giants are misinterpreting some of the safeguards that are already built in, including ensuring that encryption is not in any way interrupted as part of Bill-22," he said. 

Anandasangaree suggested he'd be responding to the U.S. congressmen, telling reporters that "we have more education to do."

"We have to better inform not just Canadians, but all who are following the bill on the safeguards that are critically built into this bill," he said.
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David TS Fraser @privacylawyer.ca · 11/05/2026
This statement by Public Safety is incorrect and a bit weasely. There is nothing in the bill that would prevent what's in the first paragraph. The bill grants the government NEW CAPABILITIES to access private devices and communications.
Simon Lafortune, a spokesperson for Anandasangaree, said the government categorically rejects claims the bill would enable the surveillance of Canadians through everyday devices such as cars, home cameras or smart TVs, or that it would require companies to introduce backdoors into their products so authorities could gain access to data.

“It does not grant the government new powers to indiscriminately access private devices or communications,” he said in a statement. “Any lawful access to information would continue to require appropriate legal authorization, such as a warrant issued by an independent court.”
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David TS Fraser @privacylawyer.ca · 06/05/2026
The gov't says that Bill C-22, the Lawful Access Act, is "encryption neutral." Canadians aren't "encryption neutral." The UK gov't used the same powers to secretly order Apple to remove iCloud security for everyone. We need guardrails.
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David TS Fraser @privacylawyer.ca · 01/05/2026
Interesting. One of the examples of the need for lawful access legislation would not be possible under C-22, as the changes made since C-2 limit confirmation of service demands to telcos. Hotels excluded.
Example 1: 
Two CSIS subjects of investigation are at an 
advanced stage of planning a terrorist attack.  
CSIS is aware that they are finalizing their plans 
from a hotel room in a major Canadian city, and 
has an idea of the general location, but is unable 
to confirm the exact hotel in question. With the 
confirmation of service demand, CSIS would be  
able to request a confirmation of service from a 
small subset of hotel providers in the local vicinity— 
information that is no more than minimally 
intrusive. CSIS could use this collected information  
as part of an application for a warrant from  
the Federal Court to further the investigation  
and work with its partners to prevent an attack.
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David TS Fraser @privacylawyer.ca · 01/05/2026
Interesting: Ontario court refuses a general warrant that would require suspect's biometrics to unlock digital devices. Re Application for Biometrics Scanning as part of a General Warrant, 2026 ONCJ 234 canlii.ca/t/kkl41
[16]      I disagree with this assertion, as it involves a difference without a distinction. Properly considered, fingerprint or thumbprint locks and facial recognition locks on digital devices are all shortcuts of the same thing: the deliberate input of a password that otherwise exists only in the password holder’s mind. Whether being required to utter the password itself to authorities, to input manually the password on the device, or to provide their finger, thumb or face to the police to assist in unlocking the device, these are all part and parcel of the same testimonial compulsion. They all compel the Target to participate in their own incrimination by providing the information held only by them. This, as the jurisprudence to date has made clear, is unconstitutional.

[17]      The proposed biometric scanning sought in the Order is tantamount to an Order compelling the Target to provide the password from their own mouth, and in this respect is unlawful. As such, I must deny this request.
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David TS Fraser @privacylawyer.ca · 28/04/2026
Um, no.
Screenshot of a browser permission pop-up from nslegislature.ca asking to “Access other apps and services on this device,” with two buttons labeled “Block” and “Allow.”
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David TS Fraser @privacylawyer.ca · 19/04/2026
Maybe don't literally stand by. It's still uploading ....
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David TS Fraser @privacylawyer.ca · 19/04/2026
Since it's zooming to committee, I've got a full overview of Part 2 coming up. Stand by ...
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David TS Fraser @privacylawyer.ca · 18/04/2026
Emails should be dot-matrix or VT100 only!
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David TS Fraser @privacylawyer.ca · 18/04/2026
The Canadian government wants you to focus on Part 1 of the Lawful Access Act (Bill C-22), but this is what Part 2 will enable. Secret ministerial orders are the groundwork for turnkey totalitarianism.
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David TS Fraser @privacylawyer.ca · 02/04/2026
My 8 year old nephew picked this up from the $2 bin at a local record shop last week and boy was he amused when he got home ....
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David TS Fraser @privacylawyer.ca · 23/03/2026
For the hyperpartisans filling my notifications about Bill C-22, lawful access: y'all should know that three of the past four attempts to do this were from conservative governments. blog.privacylawyer.ca/2025/06/past...
Screencap: "Past Canadian "lawful access" attempts, both by Liberal and Conservative governments

2005 (Lib - Paul Martin - Minister Anne Maclellan) - C-74 (38-1) - LEGISinfo - Parliament of Canada - Short title: Modernization of Investigative Techniques Act (Did not pass)

Library of Parliament Legislative Summary for Bill C-74


2009 (Con - Stephen Harper - Minister Peter Van Loan) - C-47 (40-2) - LEGISinfo - Parliament of Canada - Short title: Technical Assistance for Law Enforcement in the 21st Century Act (Did not pass)

Library of Parliament Legislative Summary for Bill C-47 

2011 (Con - Stephen Harper / Minister Vic Toews) - C-52 (40-3) - LEGISinfo - Parliament of Canada - Short title: Investigating and Preventing Criminal Electronic Communications Act (Did not pass)

Library of Parliament Legislative Summary for Bill C-52

2012 (Con - Stephen Harper / Minister Vic Toews) - C-30 (41-1) - LEGISinfo - Parliament of Canada - Short title: Protecting Children from Internet Pred..."
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David TS Fraser @privacylawyer.ca · 22/03/2026
In the coming days, Canada's opposition parties are going to have to decide whether they support Bill C-22, the #LawfulAccess Act. They--and all Canadians--need to consider whether this massive surveillance infrastructure is what we want. Or will tolerate.
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