...attempt by Canadian ISPs to garner an all-access pass that would let them secretly install software to monitor potentially illicit user activity was thwarted, at least in part.
According to the note accompanying the draft regulations, industry representatives "had argued for exemptions from the requirement for consent to install software to prevent unauthorized or fraudulent use of a service or system, or to update or upgrade systems on their networks."
Under the revised rules, service providers would only be permitted to install software "where illegal activities pose a threat to [their] networks."
In fact, the legal text goes even further than the explanatory note: it would only allow such programs to be installed "to prevent activities that the telecommunications service provider reasonably believes are in contravention of an Act of Parliament and which present an imminent risk to the security of its network." (Note: that's an "and" not an "or", and the risk has to be "imminent," which would seem to reduce potential ambiguity.)
Consent would still be needed to install software to "prevent legal activities that are merely unauthorized or suspicious, or where an installation is not required for a system-wide upgrade or updates."
Good. Now if only they could make a law banning ISP's from selectively capping speeds for traffic they don't like.