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The European Commission, which has been a staunch supporter of the
Anti-Counterfeiting Trade Agreement, today announced that it is referring ACTA to the European Court of Justice to determine
whether ACTA is incompatible - in any way - with the EU's fundamental
rights and freedoms. While the move may mean European delay of ACTA
ratification, it comes
as a growing number of countries and European Parliament members signal
their willingness to vote against the agreement.
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday February 22, 2012 |
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Over the past few days, I've posted on some of the implications of Bill
C-30, including the mandatory
disclosure of subscriber information, the "voluntary"
warrantless disclosure of emails and web surfing habits, and the stunning lack
of detail
on a wide range of issues including costs and surveillance
capabilities. While the bill includes some detail on surveillance
capability requirements, perhaps the most dangerous provision is
Section 14, which gives the government a stunning array of powers:
- to order an ISP or telecom provider to install surveillance
capabilities "in a manner and within a time" specified by the government
- to order an ISP or telecom provider to install additional
equipment to allow for more simultaneous interceptions than is
otherwise specified in the law (the government sets a maximum and then
can simply ignore its own guidelines)
- to order an ISP or telecom provider to comply with additional
confidentiality requirements not otherwise specified in the law
- to order an ISP or telecom provider to meet additional
operational requirements not otherwise specified in the law
Given these powers, Section 14 essentially gives the government the
power to override the limits and guidelines it establishes in the bill
(it must pay the provider an amount the government decides is
reasonable for doing so). If that wasn't enough, Section 14(4) goes
even further. It provides:
The Minister may provide the
telecommunications service provider with any equipment or other thing
that the Minister considers the service provider needs to comply with
an order made under this section.
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