• Sara Smyth (Rochester Institute of Technology) on ‘Child pornography and the law in Canada’; this was the topic of her PhD and forthcoming book (U of T Press). Using Canada as a critical case study on circulation of CP materials; the broadest provisions in the world, but argues that a more narrowly focused provision combined with broad targeting of Internet circulation. ‘Global epidemic’ – but much of the regulatory approach is based on quick fixes. The Canadian law is contained in s 163.1 of the Criminal Code, and includes representations of u-18s as well as actual u-18s, and a wide range of materials (e.g. cartoons, written materials, morphed images, etc); Internet distribution (significant and popular due to privacy, anonymity and convenience) covered by the progression of this rather than the development of a new offence. ‘Moral panic‘ is a good conceptual framework. She discussed the (in)famous R v Sharpe on CP offences vs freedom of expression, reading in exceptions re privately held material. The subsequent amendments (Bill C-2) increased penalties (including mandatory minimum); Smyth argues that materials are circulating while the public desire for ‘justice’ has been satisfied by prosecutions of people like Sharpe, giving examples of R v Chin [2005] AJ No 1712, R v Austin [2006] BCK No 3430 and (missed the last one), and suggesting model legislation that would be more appropriate based on the harm, referring to images that reasonable person would consider indistinguishable from that of a real child (though contrast with Ashcroft v ACLU in the US re: ‘appears to be’). Finally, a model is presented of strategies (int’l co-operation: Canada should ratify the Cybercrime Convention, architectural innovation (interceptability in particular) and user regulation/self-help like INHOPE) that would be of benefit


• Edinburgh alum Gerrit Hornung (Kassel) is looking at the ID card legislation (passed through parliament in 2009) in Germany. The backdrop is biometric passports and electronic signatures; why have a separate authentication function in ID cards? The approach under development is separating, in terms of the ID card (which includes RFID and biometrics – voluntary fingerprints), between governmental purposes, general authentication (free) and (with additional cost) voluntary signature functions. Constitutional requirements on data protection have been quite influential. User must give written consent to use ID card as electronic proof of identity, and service providers will need an authentication certificate (and to get it must prove legitimate purpose, proof of necessity). There will be application-specific attributes, and alternative information (e.g. being of age rather than specific age, being of a locality rather than actual place of residence). DP supervisory authority can revoke auth certificate or ID card. (Some great diagrams for this). Some practical uses: everything from online opening of bank account to age verification for adult services. It’s planned that services will be available from November 2010 – depends on all parts being present. Some unresolved questions include non-German providers, availability of RFID readers and the security of PINs.
• Finally, Shizuka Abe & On-Kwok Lai turn to the age-old question of ageing. Ageing in Asia is catching up with N. America/EU. Lots and lots of fascinating (but rapid-fire) tables and graphs, reviewing social and demographic changes across Asian states. Some interesting points included: use of ICT in ‘caring relationship’ (e-medicine etc), the difference between Internet diffusion in countries and how this has an impact on behaviour, ownership of mobile phones and the requirement for ownership across generations in order to be a communicative tool, Imadaco and related GPS services (people-tracking!) and how they are framed by both developer and society, the intelligent pot (!) that tracks your tea-making habits. The common theme is the idea that the authors call ‘ICT-embedded filial piety’, with a zeitgeisty reference to current financial crisis and the need for ‘pro-growth development’ in areas like this; the conclusion is that the use of technologies reinforces face-to-face communication and is also quite local despite the use of ‘global technologies’, and ultimately holds the potential of facilitating ‘inter-generational dynamics’.

Mary Elisabeth Goforth was born in Nakuru, Kenya where she danced with the Zulus. Educated at Bishop Strachan School, Forest Hill Collegiate, Harvard U. (graduated A.B., summa cum laude), York U. (M.A.) and McGill U. (Ph.D).

Investigative journalist (CITY-TV), teacher, author, international orator, McLuhan scholar, new media critic, fabulous friend, Honey Harbour nature lover, public intellectual and fierce seeker of the truth.

1. The Information and Privacy Commissioner in the Canadian province of Ontario, Ann Cavoukian, is organising the ‘Privacy By Design Challenge‘, a workshop and presentations on how technology can be used, and in particular designed, to promote personal privacy. The fact that this event is organised by a statutory privacy commissioner is still quite remarkable (and welcome) and I look forward to finding out how it goes. Spotted via Mediacaster.
2. Another Canadian one: the 2007 and 2008 report of the federal Privacy Commissioner has been published: get it here
3. The Bar Council gets visited by some tea-leafs, who run away with the contact details of all of the barristers in England and Wales, and more besides (BBC News)
4. In related news, the Open Rights Group has a new tool to find out if your data has been disclosed, Who’s Been Losing Your Data? Nice.
5. And finally, unlucky for lawyers: Law firms are expected to register as data controllers in the UK – if not, like these three firms, they may end up paying a fine, and more importantly, probably never get a privacy case again…

“We need to see a more balanced, objective approach to the IP debate and IP Osgoode will fill that niche,” said [director Prof. Guiseppina] D’Agostino. “In particular, the new IP Osgoode Web site will be the go-to place on IP matters. It is a new source of information and inspiration, not just for our students, but for anyone who is interested in IP.”

Even in a purely Canadian context, this is possibly the perfect time to launch. The blog, IPilogue, is over here. More (including some wonderfully freestanding photographs) on the program’s mission and activities here.

The video is not in support of nor commissioned a particular party although clearly it is an attack on the (Conservative) government’s well-known criticisms of State funding for the arts, and it is particularly targeted at Francophone audiences, though is certainly of broader interest.

You can also watch it without the subtitles or in (eight-minute!) long form.

Penfold, of course, is well-known in Canadiana, not least as the author of a PhD on donut shops (given an Ig Nobel award in 1999 for said research; actually I’ve always thought that that was a little unfair, as it’s probably on the more relevant and interesting wing of 21st century sociology PhDs…). Looking forward to reading this.

On a related note, Facebook types may wish to give virtual donuts and coffee to their (virtual) friends with this application. We Love Tim Hortons.