Categories
Aside Links

Liberal Fictions, AI technologies, and Human Rights

Although we talk the talk of individual consent and control, such liberal fictions are no longer sufficient to provide the protection needed to ensure that individuals and the communities to which they belong are not exploited through the data harvested from them. This is why acknowledging the role that data protection law plays in protecting human rights, autonomy and dignity is so important. This is why the human rights dimension of privacy should not just be a ‘factor’ to take into account alongside stimulating innovation and lowering the regulatory burden on industry. It is the starting point and the baseline. Innovation is good, but it cannot be at the expense of human rights.

— Prof. Teresa Scassa, “Bill C-27 and a human rights-based approach to data protection

It’s notable that Prof. Scassa speaks about the way in which Bill C-27’s preamble was supplemented with language about human rights as a way to assuage some public critique of the legislation. Preambles, however, lack the force of law and do not compel judges to interpret legislation,action in a particular way. They are often better read as a way to explain legislation to a public or strike up discussions with the judiciary when legislation repudiates a court decision.

For a long form analysis of the utility of preambles see Prof. Kent Roaches, “The Uses and Audiences of Preambles in Legislation.”

Categories
Links Writing

RCMP Found to Unlawfully Collect Publicly Available Information

The recent report from Office of the Privacy Commissioner of Canada, entitled “Investigation of the RCMP’s collection of open-source information under Project Wide Awake,” is an important read for those interested in the restrictions that apply to federal government agencies’ collection of this information.

The OPC found that the RCMP:

  • had sought to outsource its own legal accountabilities to a third-party vendor that aggregated information,
  • was unable to demonstrate that their vendor was lawfully collecting Canadian residents’ personal information,
  • operated in contravention to prior guarantees or agreements between the OPC and the RCMP,
  • was relying on a deficient privacy impact assessment, and
  • failed to adequately disclose to Canadian residents how information was being collected, with the effect of preventing them from understanding the activities that the RCMP was undertaking.

It is a breathtaking condemnation of the method by which the RCMP collected open source intelligence, and includes assertions that the agency is involved in activities that stand in contravention of PIPEDA and the Privacy Act, as well as its own internal processes and procedures. The findings in this investigation build from past investigations into how Clearview AI collected facial images to build biometric templates, guidance on publicly available information, and joint cross-national guidance concerning data scraping and the protection of privacy.

Categories
Aside Links

Highlights from TBS’ Guidance on Publicly Available Information

The Treasury Board Secretariat has released, “Privacy Implementation Notice 2023-03: Guidance pertaining to the collection, use, retention and disclosure of personal information that is publicly available online.”

This is an important document, insofar as it clarifies a legal grey space in Canadian federal government policies. Some of the Notice’s highlights include:

  1. Clarifies (some may assert expand) how government agencies can collect, use, retain, or disclose publicly available online information (PAOI). This includes from commercial data brokers or online social networking services
  2. PAOI can be collected for administrative or non-administrative purposes, including for communications and outreach, research purposes, or facilitating law enforcement or intelligence operations
  3. Overcollection is an acknowledged problem that organizations should address. Notably, “[a]s a general rule, [PAOI] disclosed online by inadvertence, leak, hack or theft should not be considered [PAOI] as the disclosure, by its very nature, would have occurred without the knowledge or consent of the individual to whom the personal information pertains; thereby intruding upon a reasonable expectation of privacy.”
  4. Notice of collection should be undertaken, though this may not occur due to some investigations or uses of PAOI
  5. Third-parties collecting PAOI on the behalf of organizations should be assessed. Organizations should ensure PAOI is being legitimately and legally obtained
  6. “[I]nstitutions can no longer, without the consent of the individual to whom the information relates, use the [PAOI] except for the purpose for which the information was originally obtained or for a use consistent with that purpose”
  7. Organizations are encouraged to assess their confidence in PAOI’s accuracy and potentially evaluate collected information against several data sources to confidence
  8. Combinations of PAOI can be used to create an expanded profile that may amplify the privacy equities associated with the PAOI or profile
  9. Retained PAOI should be denoted with “publicly available information” to assist individuals in determining whether it is useful for an initial, or continuing, use or disclosure
  10. Government legal officers should be consulted prior to organizations collecting PAOI from websites or services that explicitly bar either data scraping or governments obtaining information from them
  11. There are number pieces of advice concerning the privacy protections that should be applied to PAOI. These include: ensuring there is authorization to collect PAOI, assessing the privacy implications of the collection, adopting privacy preserving techniques (e.g., de-identification or data minimization), adopting internal policies, as well as advice around using attributable versus non-attributable accounts to obtain publicly available information
  12. Organizations should not use profile information from real persons. Doing otherwise runs the risk of an organization violating s. 366 (Forgery) or s.403 (Fraudulently impersonate another person) of the Criminal Code
Categories
Links Writing

Doing A Policy-Oriented PhD

Steve Saideman has a good, short, thought on why doing a PhD is rarely a good idea for Canadians who want to get into policy work. Specifically, he writes:

In Canada, alas, there is not that much of a market for policy-oriented PhDs. We don’t have much in the way of think tanks, there are only a few govt jobs that either require PhDs or where the PhD gives one an advantage over an MA, and, the govt does not pay someone more if they have a PhD.

I concur that there are few places, including think tanks or civil society organizations, where you’re likely to find a job if you have a policy-related PhD. Moreover, when you do find one it can be challenging, if not impossible, to find promotion opportunities because the organizations tend to be so small.

That said, I do in fact think that doing a policy-related PhD can sometimes be helpful if you stay pretty applied in your outputs while pursuing your degree. In my case, I spent a lot of time during my PhD on many of the same topics that I still focus on, today, and can command a premium in consulting rates and seniority for other positions because I’ve been doing applied policy work for about 15 years now, inclusive of my time in my PhD. I, also, developed a lot of skills in my PhD—and in particular the ability to ask and assess good questions, know how questions or policy issues had been previously answered and to what effect, and a reflexive or historical thinking capacity I lacked previously—that are all helpful soft skills in actually doing policy work. Moreover, being able to study policy and politics, and basically act as an independent agent for the time of my PhD, meant I had a much better sense of what I thought about issues, why, and how to see them put into practice than I would have gained with just a master’s degree.

Does that mean I’d recommend doing a PhD? Well…no. There are huge opportunity costs you incur in doing them and, also, you can narrow you job market searches by appearing both over-educated and under-qualified. The benefits of holding a PhD tend to become more apparent after a few years in a job as opposed to being helpful in netting that first one out of school.

I don’t regret doing a PhD but, if someone is particularly committed to doing one, I think that they should hurl themselves into it with absolute abandon and treat it as a super-intensive 40-65 hour/week job, and be damn sure that you have a lot of non-academic outputs to prove to a future employer that you understand the world and not just academic journals. It’s hard work, which is sometimes rewarding, and there are arguably different (and less unpleasant) ways of getting to a relatively similar end point. But if someone is so motivated by a hard question that they’d be doing the research and thinking about it, regardless of whether they were in a PhD program? Then they might as well go and get the piece of paper while figuring out the answer.

Categories
Writing

Why Is(n’t) TikTok A National Security Risk?

Photo by Ron Lach on Pexels.com

There have been grumblings about TikTok being a national security risk for many years and they’re getting louder with each passing month. Indeed, in the United States a bill has been presented to ban TikTok (“The ANTI-SOCIAL CCP ACT“) and a separate bill (“No TikTok on Government Devices Act“) has passed the Senate and would bar the application from being used on government devices. In Canada, the Prime Minister noted that the country’s signals intelligence agency, the Communications Security Establishment, is “watching very carefully.”

I recently provided commentary where I outlined some of the potential risks associated with TikTok and where it likely should fit into Canada’s national security priorities (spoiler: probably pretty low). Here I just want to expand on my comments a bit to provide some deeper context and reflections.

As with all things security-related you need to think through what assets you are attempting to protect, the sensitivity of what you’re trying to protect, and what measures are more or less likely to protect those assets. Further, in developing a protection strategy you need to think through how many resources you’re willing to invest to achieve the sought-after protection. This applies as much to national security policy makers as it does to individuals trying to secure devices or networks.

What Is Being Protected

Most public figures who talk about TikTok and national security are presently focused on one or two assets.

First, they worry that a large volume of data may be collected and used by Chinese government agencies, after these agencies receive it either voluntarily from TikTok or after compelling its disclosure. Commentators argue that Chinese companies are bound to obey the national security laws of China and, as such, may be forced to disclose data without any notice to users or non-Chinese government agencies. This information could be used to obtain information about specific individuals or communities, inclusive of what people are searching on the platform (e.g., medical information, financial information, sexual preference information), what they are themselves posting and could be embarrassing, or metadata which could be used for subsequent targeting.

Second, commentators are adopting a somewhat odious language of ‘cognitive warfare’ in talking about TikTok.1 The argument is that the Chinese government might compel the company to modify its algorithms so as to influence what people are seeing on the platform. The intent of this modification would be to influence political preferences or social and cultural perceptions. Some worry this kind of influence could guide whom individuals are more likely to vote for (e.g., you see a number of videos that directly or indirectly encourage you to support particular political parties), cause generalised apathy (e.g., you see videos that suggest that all parties are bad and none worth voting for), or enhance societal tensions (e.g., work to inflame partisanship and impair the functioning of otherwise moderate democracies). Or, as likely, a combination of each of these kinds of influence operations. Moreover, the TikTok algorithm could be modified by government compulsion to prioritise videos that praise some countries or that suppress videos which negatively portray other countries.

What Is the Sensitivity of the Assets?

When we consider the sensitivity of the information and data which is collected by TikTok it can be potentially high but, in practice, possesses differing sensitivities based on the person(s) in question. Research conducted by the University of Toronto’s Citizen Lab found that while TikTok does collect a significant volume of information, that volume largely parallels what Facebook or other Western companies collect. To put this slightly differently, a lot of information is collected and the sensitivity is associated with whom it belongs to, who may have access to it, and what those parties do with it.

When we consider who is using TikTok and having their information uploaded to the company’s servers, then, the question becomes whether there is a particular national security risk linked with this activity. While some individuals may potentially be targets based on their political, business, or civil society bonafides this will not be the case with all (or most) users. However, in even assessing the national security risks linked to individuals (or associated groups) it’s helpful to do a little more thinking.

First, the amount of information that is collected by TikTok, when merged with other data which could theoretically be collected using other signals intelligence methods (e.g., extracting metadata and select content from middle-boxes, Internet platforms, open-source locations, etc) could be very revealing. Five Eyes countries (i.e., Australia, Canada, New Zealand, the United Kingdom, and the United States of America) collect large volumes of metadata on vast swathes of the world’s populations in order to develop patterns of life which, when added together, can be deeply revelatory. When and how those countries’ intelligence agencies actually use the collected information varies and is kept very secretive. Generally, however, only a small subset of individuals whose information is collected and retained for any period of time have actions taken towards them. Nonetheless, we know that there is a genuine concern about information from private companies being obtained by intelligence services in the Five Eyes and it’s reasonable to be concerned that similar activities might be undertaken by Chinese intelligence services.

Second, the kinds of content information which are retained by TikTok could be embarrassing at a future time, or used by state agencies in ways that users would not expect or prefer. Imagine a situation where a young person says or does something on TikTok which is deeply offensive. Fast forward 3-4 years and their parents are diplomats or significant members of the business community, and that offensive content is used by Chinese security services to embarrass or otherwise inconvenience the parents. Such influence operations might impede Canada’s ability to conduct its diplomacy abroad or undermine the a business’s ability to prosper.

Third, the TikTok algorithm is not well understood. There is a risk that the Chinese government might compel ByteDance, and through them the TikTok platform, to modify algorithms to amplify some content and not others. It is hard to assess how ‘sensitive’ a population’s general sense of the world is but, broadly, if a surreptitious foreign influence operation occurred it might potentially affect how a population behaves or sees the world. To be clear this kind of shift in behaviour would not follow from a single video but from a concerted effort over time that shifted social perceptions amongst at least some distinct social communities. The sensitivity of the information used to identify videos to play, then, could be quite high across a substantial swathe of the population using the platform.

It’s important to recognise that in the aforementioned examples there is no evidence that ByteDance, which owns TikTok, has been compelled by the Chinese government to perform these activities. But these are the kinds of sensitivities that are linked to using TikTok and are popularly discussed.

What Should Be Done To Protect Assets?

The threats which are posed by TikTok are, at the moment, specious: it could be used for any number of things. Why people are concerned are linked less to the algorithm or data that is collected but, instead, to ByteDance being a Chinese company that might be influenced by the Chinese government to share data or undertake activities which are deleterious to Western countries’ interests.

Bluntly: the issue raised by TikTok is not necessarily linked to the platform itself but to the geopolitical struggles between China and other advanced economies throughout the world. We don’t have a TikTok problem per se but, instead, have a Chinese national security and foreign policy problem. TikTok is just a very narrow lens through which concerns and fears are being channelled.

So in the absence of obvious and deliberate harmful activities being undertaken by ByteDance and TikTok at the behest of the Chinese government what should be done? At the outset it’s worth recognising that many of the concerns expressed by politicians–and especially those linked to surreptitious influence operations–would already run afoul of Canadian law. The CSIS Act bars clandestine foreign intelligence operations which are regarded as threatening the security of Canada. Specifically, threats to the security of Canada means:

(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

CSIS is authorised to undertake measures which would reduce the threats to the security of Canada, perhaps in partnership with the Communications Security Establishment, should such a threat be identified and a warrant obtained from the federal court.

On the whole a general ban on TikTok is almost certainly disproportionate and unreasonable at this point in time. There is no evidence of harm. There is no evidence of influence by the Chinese government. Rather than banning the platform generally I think that more focused legislation or policy could make sense.

First, I think that legislation or (preferably) policies precluding at least some members of government and senior civil servants from using TikTok has some merit. In these cases a risk analysis should be conducted to determine if collected information would undermine the Government of Canada’s ability to secure confidential information or if the collected information could be used for intelligence operations against the government officials. Advice might, also, be issued by the Canadian Security Intelligence Service so that private organisations are aware of their risks. In exceptional situations some kind of security requirements might also be imposed on private organisations and individuals, such as those who are involved in especially sensitive roles managing critical infrastructure systems. Ultimately, I suspect the number of people who should fall under this ban would, and should, be pretty small.

Second, what makes sense is legislation that requires social media companies writ large–not just TikTok–to make their algorithms and data flows legible to regulators. Moreover, individual users should be able to learn, and understand, why certain content is being prioritised or shown to them. Should platforms decline to comply with such a the law then sanctions may be merited. Similarly, should algorithmic legibility showcase that platforms are being manipulated or developed in ways that deliberately undermine social cohesion then some sanctions might be merited, though with the caveat that “social cohesion” should be understood as referring to platforms being deliberately designed to incite rage or other strong emotions with the effect of continually, and artificially, weakening social cohesion and amplifying social cleavages. The term should not, however, be seen as a kind of code for creating exclusionary social environments where underprivileged groups continue to be treated in discriminatory ways.

So Is TikTok ‘Dangerous’ From A National Security Perspective?

Based on open source information2 there is no reason to think that TikTok is currently a national security threat. Are there any risks associated with the platform? Sure, but they need to be juxtaposed against equivalent or more serious threats and priorities. We only have so many resources to direct towards the growing legion of legitimate national security risks and issues; funnelling a limited set of resources towards TikTok may not be the best kind of prioritisation.

Consider that while the Chinese government could compel TikTok to disclose information about its users to intelligence and security services…the same government could also use business cutouts and purchase much of the same information from data brokers operating in the United States and other jurisdictions. There would be no need to secretly force a company to do something when, instead, it could just lawfully acquire equivalent (or more extensive!) information. This is a pressing and real national security (and privacy!) issue and is deserving of legislative scrutiny and attention.

Further, while there is a risk that TikTok could be used to manipulate social values…the same is true of other social networking services. Indeed, academic and journalistic research over the past 5-7 years has drawn attention to how popular social media services are designed to deliver dopamine hits and keep us on them. We know that various private companies and public organisations around the world work tirelessly to ‘hack’ those algorithms and manipulate social values. Of course this broader manipulation doesn’t mean that we shouldn’t care but, also, makes clear that TikTok isn’t the sole vector of these efforts. Moreover, there are real questions about the how well social influence campaigns work: do they influence behaviour–are they supplying change?–or is the efficaciousness of any campaign representative of an attentive and interested pre-existing audience–is demand for the content the problem?

The nice thing about banning, blocking, or censoring material, or undertaking some other kind of binary decision, is that you feel like you’ve done something. Bans, blocks, and censors are typically designed for a black and white world. We, however, live in a world that is actually shrouded in greys. We only have so much legislative time, so much policy capacity, so much enforcement ability: it should all be directed efficiently to understanding, appreciating, and addressing the fulness of the challenges facing states and society. This time and effort should not be spent on performative politics that is great for providing a dopamine hit but which fails to address the real underlying issues.


  1. I have previously talked about the broader risks of correlating national security and information security. ↩︎
  2. Open source information means information which you or I can find, and read, without requiring a security clearance. ↩︎
Categories
Videos

Is Street Photography Legal In Canada?

The answer, in almost all cases, is a resounding “yes.” David Fraser, a privacy and technology lawyer from Halifax, does an exceptional job in running curious (Canadian) street photographers through what the law allows and the rare exceptions when making street photos could have legal consequences.

Categories
Links

Postal Interception Coming to Canada?

The Canadian Senate is debating Bill S-256, ‌An Act to amend the Canada Post Corporation Act (seizure) and to make related amendments to other Acts. The relevant elements of the speech include:

Under the amendment to the Customs Act, a shipment entering Canada may be subject to inspection by border services officers if they have reason to suspect that its contents are prohibited from being imported into Canada. If this is the case, the shipment, whether a package or an envelope, may be seized. However, an envelope mailed in Canada to someone who resides at a Canadian address cannot be opened by the police or even by a postal inspector.

To summarize, nothing in the course of the post in Canada is liable to demand, seizure, detention or retention, except if a specific legal exception exists in the Canada Post Corporation Act or in one of the three laws I referenced. However, items in the mail can be inspected by a postal inspector, but if it is a letter, the inspector cannot open it to complete the inspection.

Thus, a police officer who has reasonable grounds to suspect that an item in the mail contains an illegal drug or a handgun cannot be authorized, pursuant to a warrant issued by a judge, to intercept and seize an item until it is delivered to the addressee or returned to the sender. I am told that letters containing drugs have no return address.

The Canadian Association of Chiefs of Police, in 2015, raised this very issue (.pdf). They recognised “that search and seizure authorities granted to law enforcement personnel under the Criminal Code of Canada or other criminal law authorities are overridden by the [Canada Post Corporation Act], giving law enforcement no authority to seize, detain or retain parcels or letters while they are in the course of mail and under Canada Post’s control.” The result was the Association was resolved:

that the Canadian Association of Chiefs of Police requests the Government of Canada to amend the Canada Post Corporation Act to provide police, for the purpose of intercepting contraband, with the ability to obtain judicial authorization to seize, detain or retain parcels or letters while they are in the course of mail and under Canada Post’s control.

It would seem as though, should Bill S-256 pass into law, that seven or eight years later some fairly impressive new powers that contrast with decades of mail privacy precedent may come undone.

Categories
Quotations

On The Principles of Fundamental Justice

Section 7 protects against the deprivation of an individual’s life, liberty and security of the person unless done in accordance with the principles of fundamental justice. These include the principles against arbitrariness, overbreadth and gross disproportionality. An arbitrary law is one that impacts section 7 rights in a way that is not rationally connected to the law’s purpose. An overbroad law is one that impacts section 7 rights in a way that, while generally rational, goes too far by capturing some conduct that bears no relation to the law’s purpose. A grossly disproportionate law is one whose effects on section 7 rights are so severe as to be “completely out of sync” with the law’s purpose.

Government of Canada, Bill C-27 Charter Statement

I like how tight and punchy the Government of Canada frames the principles of fundamental justice in its Charter statements. I’m familiar with each concept though, admittedly, through a different (academic) lens. I suspect that this framing will help me to have more fulsome and productive interactions with legislative drafters in the future.

Categories
Writing

Apple To More Widely Encrypt iCloud Data

Photo by Kartikey Das on Pexels.com

Apple has announced it will begin rolling out new data security protections for Americans by end of 2022, and the rest of the world in 2023. This is a big deal.

One of the biggest, and most serious, gaping holes in the protections that Apple has provided to its users is linked to iCloud. Specifically, while a subset of information has been encrypted such that Apple couldn’t access or disclose the plaintext of communications or content (e.g., Health information, encrypted Apple Notes, etc) the company did not encrypt device backups, message backups, notes generally, iCloud contents, Photos, and more. The result is that third-parties could either compel Apple to disclose information (e.g., by way of warrant) or otherwise subvert Apple’s protections to access stored data (e.g., targeted attacks). Apple’s new security protections will expand the categories of protected data from 141 to 23.

I am very supportive of Apple’s decision and frankly congratulate them on the very real courage that it takes to implement something like this. It is:

  • courageous technically, insofar as this is a challenging thing to pull off at the scale at which Apple operates
  • courageous from a business perspective, insofar as it raises the prospect of unhappy customers should they lose access to their data and Apple unable to assist them
  • courageous legally, insofar as it’s going to inspire a lot of frustration and upset by law enforcement and government agencies around the world

It’ll be absolutely critical to observe how quickly, and how broadly, Apple extends its new security capacities and whether countries are able to pressure Apple to either not deploy them for their residents or roll them back in certain situations. Either way, Apple routinely sets the standard on consumer privacy protections; others in the industry will now be inevitably compared to Apple as either meeting the new standard or failing their own customers in one way or another.

From a Canadian, Australia, or British government point of view, I suspect that Apple’s decision will infuriate law enforcement and security agencies who had placed their hopes on CLOUD Act bilateral agreements to get access to corporate data, such as that held by Apple. Under a CLOUD bilateral British authorities could, as an example, directly serve a judicially authorised order to Apple about a British resident, to get Apple to disclose information back to the British authorities without having to deal with American authorities. It promised to substantially improve the speed at which countries with bilateral agreements could obtain electronic evidence. Now, it would seem, Apple will largely be unable to assist law enforcement and security agencies when it comes to Apple users who have voluntarily enabled heightened data protections. Apple’s decision will, almost certainly, further inspire governments around the world to double down on their efforts to advance anti-encryption legislation and pass such legislation into law.

Notwithstanding the inevitable government gnashing of teeth, Apple’s approach will represent one of the biggest (voluntary) increases in privacy protection for global users since WhatsApp adopted Signal’s underlying encryption protocols. Tens if not hundreds of millions of people who enable the new data protection will be much safer and more secure in how their data is stored while simultaneously restricting who can access that data without individuals’ own knowledge.

In a world where ‘high-profile’ targets are just people who are social influencers on social media, there are a lot of people who stand to benefit from Apple’s courageous move. I only hope that other companies, such as Google, are courageous enough to follow Apple at some point in the near future.


  1. really, 13, given the issue of iMessage backups being accessible to Apple ↩︎
Categories
Links Writing

Who Benefits from 5G?

The Financial Times (FT) ran a somewhat mixed piece on the future of 5G. The thesis is that telecom operators are anxious to realise the financial benefits of 5G deployments but, at the same time, these benefits were always expected to come in the forthcoming years; there was little, if any, expectation that financial benefits would happen immediately as the next-generation infrastructures were deployed.

The article correctly notes that consumers are skeptical of the benefits of 5G while, also, concluding by correctly stating that 5G was really always about the benefits that 5G Standalone will have for businesses. This is, frankly, a not great piece in terms of editing insofar as it combines two relatively distinct things without doing so in a particularly clear way.

5G Extended relies on existing 4G infrastructures. While there are theoretically faster speeds available to consumers, along with a tripartite spectrum band segmentation that can be used,1 most consumers won’t directly realise the benefits. One group that may, however, benefit (and that was not addressed at all in this piece) are rural customers. Opening up the lower-frequency spectrum blocks will allow 5G signals to travel farther with the benefit significantly accruing to those who cannot receive new copper, coax, or fibre lines. This said, I tend to agree with the article that most of the benefits of 5G haven’t, and won’t, be directly realised by individual mobile subscribers in the near future.2

5G Standalone is really where 5G will theoretically come alive. It’s, also, going to require a whole new way of designing and securing networks. At least as of a year or so ago, China was a global leader here but largely because they had comparatively poor 4G penetration and so had sought to leapfrog to 5G SA.3 This said, American bans on semiconductors to Chinese telecoms vendors, such as Huawei and ZTE, have definitely had a negative effect on the China’s ability to more fully deploy 5G SA.

In the Canadian case we can see investments by our major telecoms into 5G SA applications. Telus, Rogers, and Bell are all pouring money into technology clusters and universities. The goal isn’t to learn how much faster consumers’ phones or tablets can download data (though new algorithms to better manage/route/compress data are always under research) but, instead, to learn how how to take advantage of the more advanced business-to-business features of 5G. That’s where the money is, though the question will remain as to how well telecom carriers will be able to rent seek on those features when they already make money providing bandwidth and services to businesses paying for telecom products.


  1. Not all countries, however, are allocating the third, high-frequency, band on the basis that its utility remains in doubt. ↩︎
  2. Incidentally: it generally just takes a long, long time to deploy networks. 4G still isn’t reliably available across all of Canada, such as in populated rural parts of Canada. This delay meaningfully impedes the ability of farmers, as an example, to adopt smart technologies that would reduce the costs associated with farm and crop management and which could, simultaneously, enable more efficient crop yields. ↩︎
  3. Western telecoms, by comparison, want to extend the life of the capital assets they purchased/deployed around their 4G infrastructures and so prefer to go the 5G Extended route to start their 5G upgrade path. ↩︎