Post Tagged with: "c-51"

PM Harper visits the Arc de Triomphe with Steven Blaney by Stephen Harper (CC BY-NC-ND 2.0)  https://flic.kr/p/eNh192

“Total Information Awareness”: The Disastrous Privacy Consequences of Bill C-51

The House of Commons debate over Bill C-51, the anti-terrorism bill, began yesterday with strong opposition from the NDP, disappointing support from the Liberals, and an effort to politicize seemingly any criticism or analysis from the Conservative government. With the government already serving notice that it will limit debate, the hopes for a non-partisan, in-depth analysis of the anti-terrorism legislation may have already been dashed. This is an incredibly troubling development since the proposed legislation has all the hallmarks of being pulled together quickly with limited analysis. Yet both the Conservatives and Liberals seem content to stick to breezy talking points rather than genuinely work toward a bill that provides Canadians with better safeguards against security threats while also preserving privacy and instituting effective oversight.

The only detailed review to date has come from Professors Kent Roach and Craig Forcese. Their ongoing work – three lengthy background papers so far (Advocating or Promoting Terrorism, new CSIS powers, expanded information sharing) – provides by far the most exhaustive analysis of the bill and is a must-read for anyone concerned with the issue. Indeed, once you have read their work, it becomes readily apparent that all should be concerned with this legislation. Much of the focus to date has been on the lack of oversight and the expansive new powers granted to CSIS. However, the privacy implications of Bill C-51’s information sharing provisions also cry out for study and reform.

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February 19, 2015 54 comments News
Russell Wilson by Keith Allison (CC BY-SA 2.0) https://flic.kr/p/phepKu

The Canadian Privacy and Civil Liberties Punch in the Gut (or Why CSE/CSIS Oversight is Not Enough)

As a lifelong Seattle Seahawks fan, this past Sunday’s Super Bowl – with the Hawks a yard away from winning their second straight championship only to give up a late interception – felt like a punch in the gut. Nearly two days later, I’m still trying to catch my breath. The end to Super Bowl 49 was the actually second time in the week that I was left feeling shocked and speechless. Throughout the week, the combination of Snowden revelations regarding Canada’s role in the daily tracking the Internet activities of millions and the introduction of Bill C-51, the anti-terrorism legislation, left me similarly grappling to make sense of the swirling developments.

It would appear that the immediate response from many, particularly the opposition parties, has centered on the need for improved accountability and oversight. There is no doubt that the failure to address Canada’s weak oversight system of surveillance and intelligence activities is a major flaw (particularly since oversight was actually reduced in 2012).  For a government that introduced the Federal Accountability Act as its very first piece of legislation (and supported more oversight when in opposition) to now dismiss oversight as “red tape” is simply shameful. Better oversight and accountability should be a proverbial “no-brainer”: it bolsters public confidence and, as demonstrated elsewhere, need not undermine security-related operations.

Yet the problem with oversight and accountability as the primary focus is that it leaves the substantive law (in the case of CSE Internet surveillance) or proposed law (as in the case of C-51) largely unaddressed. If we fail to examine the shortcomings within the current law or within Bill C-51, no amount of accountability, oversight, or review will restore the loss of privacy and civil liberties.

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February 3, 2015 10 comments News

Lawful Access Bills Would Reshape Internet in Canada

The push for new Internet surveillance capabilities goes back to 1999, when government officials began crafting proposals to institute new surveillance technologies within Canadian networks along with additional legal powers to access surveillance and subscriber information.  The so-called lawful access initiatives stalled in recent years, but my weekly technology law column (Toronto Star version, homepage version) notes that earlier this month the government tabled its latest proposal with three bills (C-50, C-51, C-52) that received only limited attention despite their potential to fundamentally reshape the Internet in Canada.

The bills contain a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.  

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November 16, 2010 85 comments Columns

Lawful Access Bills Would Reshape Internet in Canada

Appeared in the Toronto Star on November 15, 2010 as Lawful Access Legislation Would Reshape Canada’s Internet The push for new Internet surveillance capabilities goes back to 1999, when government officials began crafting proposals to institute new surveillance technologies within Canadian networks along with additional legal powers to access surveillance […]

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November 16, 2010 Comments are Disabled Columns Archive