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Wednesday February 01, 2012 |
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The video
from Ontario Privacy Commissioner Ann Cavoukian's excellent forum on
lawful access is now available. Well worth watching.
cavoukian, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday February 01, 2012 |
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Thursday January 19, 2012 |
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Late last year, I wrote a column on
lawful access
arguing that "neither the government nor law enforcement has provided
credible evidence demonstrating how the current law has impeded active
investigations." Open Media has now obtained an internal
police document
that shows the policy recognize this problem. The email asks
police
departments for examples of why the current laws on disclosure of
customer name and address information has posed a problem. The
email
acknowledges that "we are aware that a similar request was made
approximately 2 years ago, but the report written at that time lacked a
sufficient quantity of good examples."
lawful access, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday January 19, 2012 |
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Monday December 12, 2011 |
Early next year the government will introduce lawful access legislation
featuring new information disclosure requirements for Internet
providers, the installation of mandated surveillance technologies, and
creation of new police powers. Public Safety Minister Vic Toews, the
chief proponent of the new law, has defended the plans, stating
that
opponents are putting "the rights of child pornographers and organized
crime ahead of the rights of law-abiding citizens."
My weekly technology law column (Toronto
Star version, homepage
version) notes that Toews' stance in the face of widespread
criticism from the privacy
community and opposition parties is likely to be accompanied by a
series
of shaky
justifications for the legislation.
For example, the bill will mandate
the disclosure of Internet provider
customer information without court oversight - that is, without a
warrant. Under current privacy laws, providers may voluntarily disclose
customer information but are not required to do so. Toews has argued
that the mandated information is akin to "phone book data" that is
typically publicly available without restriction.
Yet the legislation extends
far beyond phone book information by
requiring the disclosure of eleven different items including customer
name, address, phone number, email address, Internet protocol address,
and a series of device identification numbers. Many Canadian courts
have recognized the privacy interests associated with this data.
Read More ...
In fact, it isn’t only Canadian courts, privacy commissioners, and
civil liberties groups that believe striking the right balance on the
issue necessitates requiring a warrant. Former Conservative Public
Safety Minister Stockwell Day stated in
2007 that "we have not and we
will not be proposing legislation to grant police the power to get
information from Internet companies without a warrant. That's never
been a proposal. It may make some investigations more difficult, but
our expectation is rights to our privacy are such that we do not plan,
nor will we have in place, something that would allow the police to get
that information."
Toews will also claim the changes are necessary to ensure that Canadian
law enforcement has the tools it needs to combat online crime threats.
While everyone agrees that the law must stay up-to-date with emerging
technologies, neither the government nor law enforcement has provided
credible evidence demonstrating how the current law has impeded active
investigations.
One of the only attempts at providing evidence came in 2009 from Toews'
predecessor, former Conservative Public Safety Minister Peter Van Loan.
Van Loan pointed
to a 2009 kidnapping case in Vancouver as evidence of
the need for legislative change, describing witnessing an emergency
situation in which Vancouver police waited 36 hours to get the
information they needed in order to obtain a warrant for customer name
and address information. That sounds like a credible case, but
according to documents obtained under access to information, no
Internet provider records were actually sought during the
investigation.
While Toews will focus on the need to address online threats, he will
likely avoid admitting that lawful access will come at an enormous
cost. Some smaller Internet providers have warned
that they may be
forced to shut down if faced with requirements to install costly
surveillance technologies with no ability to recoup the investment.
Lawful access would not only lead to lost jobs at the affected
companies, but the loss of competition could lead to higher Internet
costs for all Canadians at the very time Industry Minister Christian
Paradis has promised
"globally competitive prices for consumers."
Canadians deserve better than deceptive claims and divisive
name-calling. They deserve real judicial oversight before their
personal information is disclosed and, given the costs (financial and
otherwise), they deserve a full accounting on why lawful access is
needed.
lawful access, privacy, toews Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 12, 2011 |
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View
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Monday December 12, 2011 |
Appeared
in the Toronto Star on December 11, 2011 as Canada's need for the
Tories' snooping law is not proven
Early next year the government will introduce lawful access legislation
featuring new information disclosure requirements for Internet
providers, the installation of mandated surveillance technologies, and
creation of new police powers. Public Safety Minister Vic Toews, the
chief proponent of the new law, has defended the plans, stating that
opponents are putting "the rights of child pornographers and organized
crime ahead of the rights of law-abiding citizens."
Toews’ stance in the face of widespread criticism from the privacy
community and opposition parties is likely to be accompanied by a
series of shaky justifications for the legislation.
For example, the bill will mandate the disclosure of Internet provider
customer information without court oversight - that is, without a
warrant. Under current privacy laws, providers may voluntarily disclose
customer information but are not required to do so. Toews has
argued that the mandated information is akin to "phone book data" that
is typically publicly available without restriction.
Yet the legislation extends far beyond phone book information by
requiring the disclosure of eleven different items including customer
name, address, phone number, email address, Internet protocol address,
and a series of device identification numbers. Many Canadian courts
have recognized the privacy interests associated with this data.
In fact, it isn’t only Canadian courts, privacy commissioners, and
civil liberties groups that believe striking the right balance on the
issue necessitates requiring a warrant. Former Conservative Public
Safety Minister Stockwell Day stated in 2007 that "we have not and we
will not be proposing legislation to grant police the power to get
information from Internet companies without a warrant. That's never
been a proposal. It may make some investigations more difficult, but
our expectation is rights to our privacy are such that we do not plan,
nor will we have in place, something that would allow the police to get
that information."
Toews will also claim the changes are necessary to ensure that Canadian
law enforcement has the tools it needs to combat online crime threats.
While everyone agrees that the law must stay up-to-date with emerging
technologies, neither the government nor law enforcement has provided
credible evidence demonstrating how the current law has impeded active
investigations.
One of the only attempts at providing evidence came in 2009 from Toews'
predecessor, former Conservative Public Safety Minister Peter Van Loan.
Van Loan pointed to a 2009 kidnapping case in Vancouver as evidence of
the need for legislative change, describing witnessing an emergency
situation in which Vancouver police waited 36 hours to get the
information they needed in order to obtain a warrant for customer name
and address information. That sounds like a credible case, but
according to documents obtained under access to information, no
Internet provider records were actually sought during the
investigation.
While Toews will focus on the need to address online threats, he will
likely avoid admitting that lawful access will come at an enormous
cost. Some smaller Internet providers have warned that they may be
forced to shut down if faced with requirements to install costly
surveillance technologies with no ability to recoup the investment.
Lawful access would not only lead to lost jobs at the affected
companies, but the loss of competition could lead to higher Internet
costs for all Canadians at the very time Industry Minister Christian
Paradis has promised "globally competitive prices for consumers."
Canadians deserve better than deceptive claims and divisive
name-calling. They deserve real judicial oversight before their
personal information is disclosed and, given the costs (financial and
otherwise), they deserve a full accounting on why lawful access is
needed.
Michael Geist holds the Canada
Research Chair in Internet and E-commerce Law at the University of
Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online
at www.michaelgeist.ca.
lawful access, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 12, 2011 |
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Wednesday December 07, 2011 |
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University of Toronto law professor Lisa Austin has a Globe
op-ed
on lawful access that highlights the difference between phone book data
and Internet data likely captured by the forthcoming legislation.
austin, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday December 07, 2011 |
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Monday December 05, 2011 |
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The Globe's John
Ibbitson
on why the government has not made the case for lawful access. Ibbitson
reports that the lawful access legislation will be bundled into a
single bill to be introduced later this month or early next year.
Public Safety Minister Vic Toews issues a non-responsive
response, as noted by David
Fraser.
ibbitson, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 05, 2011 |
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Tuesday November 29, 2011 |
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Ontario Privacy Commissioner Ann Cavoukian delivered
the keynote address at an Ottawa privacy conference yesterday and used
the opportunity to warn against lawful access legislation and express
frustration with the Supreme Court of Canada's decision to let stand
the Leon's Furniture privacy case.
cavoukian, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday November 29, 2011 |
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Tuesday November 29, 2011 |
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CIPPIC lawyer Tamir Israel has a great
post debunking the form letters the government is sending in
response to letters and emails expressing concern with lawful access.
lawful access, tamir Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday November 29, 2011 |
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Tuesday November 22, 2011 |
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Christopher Parsons has a great
post that unpacks lawful access phone records and explains why
lawful access requires far more than simple phone book records.
lawful access, phone records Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday November 22, 2011 |
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Friday November 18, 2011 |
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IT World Canada reports
on ISP regulation at the Canadian ISP Summit (I was panelist) where
Chris Tacit, who acts from the Canadian Network Operators Consortium,
indicated that the costs associated with implementing lawful access
could cause some smaller operators to close up shop.
isp, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday November 18, 2011 |
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