Post Tagged with: "c-30"

Why Bill C-30 Gives the Govt the Power To Install Its Own Surveillance Equipment on ISP Networks

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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February 22, 2012 28 comments News

Rick’s Rant on Online Privacy

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February 22, 2012 4 comments News

The Devil is in the Details: How Bill C-30 Leaves Many Surveillance Questions Unanswered

The introduction of Bill C-30 has generated enormous public debate (I focused yesterday on the “voluntary” warrantless disclosure of subscriber information) but less discussed is how the bill leaves out many crucial details on the new surveillance rules will actually function. Indeed, for a bill that is ten years in the making, it is shocking how much is still unknown.

At the top of the uncertainty list are cost questions. The cost of new surveillance equipment could run into the tens of millions of dollars, yet the government has not said who will pay for it. Surveillance mandates in other countries have typically come with government support. For example, when the U.S. passed the Communications Assistance for Law Enforcement Act (CALEA) in 1995, $500 million was granted to cover provider costs. In addition to the surveillance equipment costs, there are fees and costs associated with surveillance “hook-ups” to law enforcement as well as fees for disclosing subscriber information. Bill C-30 leaves these issues for another day by opening the door to fees but leaving specifics to future, unspecified regulations that can be passed by the Governor-in-Council without gaining Parliamentary approval.

Surveillance capability specifics are also still largely unknown.

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February 21, 2012 18 comments News

Bill C-30’s “Voluntary” Warrantless Disclosure Provision

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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February 20, 2012 27 comments News

The Hidden Gag Order in Bill C-30

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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February 20, 2012 3 comments News