Most of the attention on the recent introduction of Internet surveillance legislation has focused on the mandatory disclosure of Internet and telephone subscriber information without court oversight. But just as troubling is the plan to create a massive new surveillance infrastructure within the Canadian Internet.
Privacy International, one of the world's leading privacy organizations, last year released the results of a multi-year investigation into the shadowy world of the commercial surveillance industry. Dubbed "Big Brother Inc.," the investigation placed the spotlight on dozens of companies that specialize in covert surveillance technologies that are typically sold directly to governments and law enforcement agencies.
Public Safety Minister Vic Toews certainly upped the rhetoric on this debate by connecting critics of the legislation to child pornographers , but Canadians are clearly against some of the basic tenets of the bill. The survey suggests Canadians believe cracking down on online crime is important - but they are not prepared to give up some of their freedoms to do it. In fact after the uproar and eventual withdrawal of the bill, Vic Toews, stated that he hadn't read it.
Part of the C-30 buried deep in section 34 is some scary powers given to "THE INSPECTOR!" The inspector - remember, this is anyone the minister chooses - is also empowered to copy anything that strikes his or her fancy. The inspector may "reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying." Oh, and he can even use the ISP's own computers and connections to copy it or to email it to himself. He can "use, or cause to be used, any copying equipment or means of telecommunication at the place." In short, there's nothing the inspector cannot see or copy. "Any" information is up for grabs.
As usual with any Bill introduced there are hidden agendas and obtuse language to hide distasteful items. One detail that hasn't really seen the light (and it may not be an accident) is the hidden gag order. Not only will the police, national security folks and the competition cops be able to get customer names, addresses, IP addresses and e-mail addresses without a warrant, there's a gag order that means you'll likely never find out you've been the subject of such an inquiry even if you ask your ISP.
The Bill is even written is such a way as to be obsure and obtuse. Section 23 l Personal information, as defined in subsection 2(1) of the Personal Information Protection and Electronic Documents Act, that is provided under subsection 16(1) or 17(1) is deemed, for the purposes of subsections 9(2.1) to (2.4) of that Act, to be disclosed under subparagraph 7(3)(c.1)(i) or (ii), and not under paragraph 7(3)(i), of that Act. This section operates despite the other provisions of Part 1 of that Act.
Privacy International, one of the world's leading privacy organizations, last year released the results of a multi-year investigation into the shadowy world of the commercial surveillance industry. Dubbed "Big Brother Inc.," the investigation placed the spotlight on dozens of companies that specialize in covert surveillance technologies that are typically sold directly to governments and law enforcement agencies.
Public Safety Minister Vic Toews certainly upped the rhetoric on this debate by connecting critics of the legislation to child pornographers , but Canadians are clearly against some of the basic tenets of the bill. The survey suggests Canadians believe cracking down on online crime is important - but they are not prepared to give up some of their freedoms to do it. In fact after the uproar and eventual withdrawal of the bill, Vic Toews, stated that he hadn't read it.
Part of the C-30 buried deep in section 34 is some scary powers given to "THE INSPECTOR!" The inspector - remember, this is anyone the minister chooses - is also empowered to copy anything that strikes his or her fancy. The inspector may "reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying." Oh, and he can even use the ISP's own computers and connections to copy it or to email it to himself. He can "use, or cause to be used, any copying equipment or means of telecommunication at the place." In short, there's nothing the inspector cannot see or copy. "Any" information is up for grabs.
As usual with any Bill introduced there are hidden agendas and obtuse language to hide distasteful items. One detail that hasn't really seen the light (and it may not be an accident) is the hidden gag order. Not only will the police, national security folks and the competition cops be able to get customer names, addresses, IP addresses and e-mail addresses without a warrant, there's a gag order that means you'll likely never find out you've been the subject of such an inquiry even if you ask your ISP.
The Bill is even written is such a way as to be obsure and obtuse. Section 23 l Personal information, as defined in subsection 2(1) of the Personal Information Protection and Electronic Documents Act, that is provided under subsection 16(1) or 17(1) is deemed, for the purposes of subsections 9(2.1) to (2.4) of that Act, to be disclosed under subparagraph 7(3)(c.1)(i) or (ii), and not under paragraph 7(3)(i), of that Act. This section operates despite the other provisions of Part 1 of that Act.
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