Michael Geist

Over the past ten days, I’ve been asked repeatedly what should be done to fix Bill C-30, the online surveillance bill. While the bill will require considerable study, below I’ve posted 12 amendments or undertakings that are needed to begin to address the massive public concern with the legislation. Given recent events, many understandably believe the bill is beyond repair and should be scrapped. However, assuming the government sticks with it and send the bill to committee with a mandate to consider a wide range of reforms and submissions, I’d start with the following non-comprehensive to-do list:

1. Evidence, Evidence, Evidence
2. No Mandatory Warrantless Access to Subscriber Information
3. Reporting Warrantless Disclosure of Subscriber Information
4. Remove the Disclosure Gag Order
5. “Voluntary” Warrantless Data Preservation and Production
6. Government Installation of Surveillance Equipment
7. Reconsider the Internet Provider Regulatory Framework
8. Improve Lawful Access Oversight
9. Limit the Law to Serious Crimes
10. Come Clean on Costs
11. The Missing Regulations
12. Deal With The Failure of Privacy Laws To Keep Pace

Details on each follows:

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