mercredi 3 avril 2013

Bill C-30 and Government Prying

By Roger Frost


The Lawful Access Law is a new bill that Harper is trying to pass that would require all telecommunication and internet providers to install surveillance equipment that would monitor all their customers phone calls /text messages/emails(to whom and from who)/downloading /surfing/internet shopping purchases etc. and then the communications companies would in turn be legally required to turn over all and any of their customers records to the police who could demand at any time without any prior notice these records without restrictions or a warrant.

The Privacy International investigation revealed that surveillance companies commonly promote virtually unlimited monitoring capabilities to governments and police agencies. For example, Italian-based Innova offers "solutions for the interception of any kind of protocols and IP-based communication, such as web browsing, email and web-mails, social networks, peer-to-peer communication, chat and videochat."

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.

Our local newest MP, Kellie Leitch spoke to Metroland Media about the controversial bill, which if passed in its current form, would give law enforcement the ability to obtain names, addresses, IP addresses and e-mail accounts from Internet service providers. The bill is called the Protecting Children from Internet Predators Act. Some in opposition believe the bill is a violation of Canadian's online privacy and freedom. She possibly even went to school with Vic Towes, or maybe they have the same instructions on what to say. Vic never read the bill, you have to wonder if Leitch did either. Why is it elected officials only do what the Prime Minister tells them to do, and they never listen to the people who elect them.

The inspectors may "enter any place owned by, or under the control of, any telecommunications service provider in which the inspector has reasonable grounds to believe there is any document, information, transmission apparatus, telecommunications facility or any other thing to which this Act applies." And, once he or she is in, anything goes. The inspector, says the bill, may "examine any document, information or thing found in the place and open or cause to be opened any container or other thing." He or she may also "use, or cause to be used, any computer system in the place to search and examine any information contained in or available to the system."

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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