Canada Is Getting Sued Over Sidewalk Labs Smart City In Toronto  04/17/2019 17:07:25 

Google affiliate Sidewalk Labs plan to build a glistening, sensor-laden smart city in Toronto has experienced numerous public relations snafus and community-led resistance ever since it became public knowledge in 2017.

Now, the Canadian Civil Liberties Association is suing all three levels of Canadian governmentmunicipal, provincial, and federalin order to put a stop to the tech giants designs.

According to the lawsuit, filed Tuesday in Ontario, the CCLA is seeking court orders that will nullify the agreement between Sidewalk Labs and Waterfront Torontothe municipal organization tied to the projectand prevent Waterfront Toronto from approving Sidewalk Labs yet-to-be-presented master plan.

The CCLA is also seeking a declaration that Waterfront Toronto, the city, the province of Ontario, and the federal government all violated Canadians privacy rights under the Canadian Charter of Rights and Freedoms by dint of Waterfront Toronto entering into the project with Sidewalk Labs.

You can argue that you consent when you put Alexa in your home or connect your electronics to your online accounts, Michael Bryant, executive director of the CCLA, told me over the phone. Its another thing to say you consent when you walk from one block in Toronto to the next.

Sidewalk Labs flashy proposals for the Quayside neighbourhoodpitched as being built from the internet upinclude heated walkways and retractable raincoats that keep people dry, and sensors that collect data on everything from energy usage to pedestrian counts to air quality. According to Bryant, data collection raises the question of whether meaningful consentrequired by Canadas federal privacy lawcan ever be obtained from people living under Sidewalk Labs pervasive digital gaze. The lawsuit also alleges that constant surveillance will have a chilling effect on peoples right to assemble for legitimate social purposes.

The clearest idea of how all of this data gleaned from individuals simply existing in public will be managed has come from Sidewalk Labs itself, which proposed a civic trust model last year.

When reached for comment about the CCLA lawsuit, Sidewalk Labs reiterated its data trust proposal.

"Sidewalk Labs fully supports a robust and healthy discussion regarding privacy, data ownership and governance. But this debate must be rooted in fact, not fiction and fear mongering. Its unfortunate that once again the CCLA has chosen to mischaracterize our work and our engagement with the people of Toronto," spokesperson Keerthana Rang told me in an email. "We look forward to submitting our proposal to Waterfront Toronto and to continuing to work with Torontonians to get this right.

The CCLA alleges that Waterfront Toronto does not have the authority to be dictating privacy policy, and neither could it outsource this responsibility to Sidewalk Labs. If the court agrees with us, that will be enough, arguably, for the contracts to be nullified although there will be arguments around what the right remedy for that is, Bryant said.

A lack of confidence or clarity about how Quayside data would be protected and managed has led to a series of high-profile resignations by privacy advisers tied to both Waterfront Toronto and Sidewalk Labs itself.

Read More: Google Is Still Planning a Smart City in Toronto Despite Major Privacy Concerns

In February, the public was largely blindsidedand perturbedby Toronto Star reporting based on internal Sidewalk Labs documents that indicated the company had designs on lands beyond the 12-acre Quayside plot that are the focus of the project. Sidewalk Labs also wanted a cut of property taxes and development fees, which would normally go to the city.

All of these developments have led to a groundswell of community opposition to the project. A citizen-led campaign called #Blocksidewalk jumped into the fray in February, and will hold its first public meeting on Wednesday evening in Toronto.

When reached for comment, spokespeople for both Waterfront Toronto and federal Minister of Infrastructure and Communities Fran�ois Philippe-Champagneboth named in the CCLAs lawsuitemphasized that a final proposal for Quayside has not yet been submitted by Sidewalk Labs. Therefore, none of the claims in the in the CCLA Application can be assessed yet, Waterfront Toronto said in a statement.

We take data and privacy concerns seriously and continue to follow this matter closely, said Lama Khodr, Infrastructure Canada spokesperson, in an email.

Emphasizing the fact that a final proposal has not yet been submitted intentionally misses the point, Bryant said, because the CCLA argues that Waterfront Toronto didnt have the authority to enter into the partnership in the first place, on top of arguably letting Sidewalk Labs take the lead on privacy frameworks.

The problem is the publics never going to knowWaterfront Torontos never going to knowwhat the commercial goals of Sidewalk Labs are, because they will hide behind intellectual property rights and revenue models that they wont want to disclose to the public, Bryant said.

And thats why you dont ask them to set the rules. We set the rules first.

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