Skip to main content
David Fraser

David Fraser

Privacy and technology lawyer at McInnes Cooper; adjunct professor at Dalhousie Law School; leading Canadian expert in privacy law, surveillance, and digital rights.

Jul 7, 2026

72:39
Do we need to do something here? Do we need to come up with some sort of regulations, at least in those areas above and beyond what we have already?
72:48
I'm not sure that we need to at this stage.
72:52
And one of the things that I'm always mindful of is, you know, people say there ought to be a law.
72:56
And the next question is, okay, well, how are we going to tailor it so that it's actually appropriate and doesn't go overboard? Somebody using these glasses, you know, people buy them so they can take pictures of their kids' first steps and all these other sorts of things.
73:09
And people who are engaged in kind of active sports want to be able to record that.
73:12
People are recording pretty well.
73:14
many of the things that they do in their day-to-day life that doesn't have an impact on anybody else.
GregAUDIENCE
73:51
And we're in
4:09
Do we need to do something here? Do we need to come up with some sort of regulations, at least in those areas above and beyond what we have already?
4:18
I'm not sure that we need to at this stage.
4:22
And one of the things that I'm always mindful of is, you know, people say there ought to be a law.
4:26
And the next question is, okay, well, how are we going to tailor it so that it's actually appropriate and doesn't go overboard? Somebody using these glasses, you know, people buy them so they can take pictures of their kids' first steps and all these other sorts of things.
4:39
And people who are engaged in kind of active sports want to be able to record that.
4:42
People are recording pretty well.
4:44
many of the things that they do in their day-to-day life that doesn't have an impact on anybody else.
5:20
tricky thing
20:46
Specifically for the age gate, what are they gonna have to, to demonstrate in order to get that exemption?
20:52
Well, so it's gonna be in the hands of the Digital Safety Commission.
20:56
And, you know, a whole lot of the success or failure, depending on how you interpret it, of this whole scheme is gonna depend upon who is or who are the digital safety commissioners.
21:09
And so are, are they gonna be strict? Are they gonna be flexible? Are they gonna be one-dimensional? It's, it's [laughs] diffi- impossible to tell it at this particular, at this particular time.
21:20
So the way it's set out is the, the commission may, on application of an operator, exempt, subject to any conditions that they consider appropriate, the operator from the application of the, the age gate if the commission is satisfied that the operator provides adequate safeguards in the regulated social media service for the protection of children.
21:38
So that's extremely open-ended.
21:39
So that leaves it almost entirely up to the Digital Safety Commission of Canada to determine what are adequate safeguards in order to, uh, in order to do that.
24:05
Do you think it would be accurate to say that this regulator that's being commissioned is going to be asked to censor social media?
13:10
Yeah.
13:10
That's a law firm.
13:10
That's a doctor's office.
13:11
But it's also a telco, and it's, it's the big tech companies.
13:15
And so they can...
13:17
Core providers can be required to build in capabilities and install devices within their infrastructure to enable what's called lawful access, to enable so the police have an intercept order, again, a court order, or they have a search warrant or a production order.
13:34
So it's, it requires all those companies to have a baseline of capabilities to respond to these orders.

12 MINS LATER

25:56
Yeah

We value your privacy

We use cookies to understand how you use our platform and to improve your experience. Click “Accept All” to consent, or “Decline non-essential” to opt out of non-essential cookies. Read our Privacy Policy.