The debate over Bill C-30, the online surveillance bill, has thus far
focused on the mandatory
disclosure of subscriber information,
including name, address, email address, and IP address. The provision
represents a significant change in the law, which currently allows ISPs
to disclose such information but does not require them to do so. In
response to the criticism, Public Safety Minister Vic Toews has
emphasized that the content of emails or web surfing habits would still
require a warrant.
Yet Toews has not talked about a provision in Bill C-30 that creates a
voluntary warrantless system that would allow police to ask for the
content of emails or web surfing habits and allow ISPs to comply with
the request without fear of liability. Section 487.0195 states the
following:
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The Wire Report reports
that a coalition of telecom and technology companies that includes
Telus and RIM have written to Canadian Heritage Minister James Moore
and Industry Minister Christian Paradis to ask that cabinet implement a
regulation to exempt the memory cards from the private copying levy.
The Copyright Act gives cabinet the right to issue such exemptions. I wrote about
this issue last November, asking whether the government would be
willing to step in.
Interestingly, the article quotes David Basskin of the Canadian Private
Copying Collective, who says that it would be unfair for the government
to stop the process before the Copyright Board of Canada has heard the
case. Basskin states "it's manifestly unfair. We have a solid case to
make, and we look forward to making it. The matter is, as you might
say, 'before the courts.' The Copyright Board has the power of a court."
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David Fraser has an excellent
post
on how Bill C-30 imposes a gag order on Internet providers who would be
prohibited from disclosing disclosures of subscriber information to
affected subscribers.
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The Bill C-11 Committee has set the witness
list for hearings that run until mid-March.
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