Post Tagged with: "lawful access"

“Retreat” on Lawful Access Must Mean Government Stops Misleading on Subscriber Data

With the government now said to be “retreating” from its initial position on the Internet surveillance bill – Public Safety Minister Vic Toews says the government will entertain amendments – the starting point should be to stop misleading on the privacy concerns associated with subscriber data. Concerns about warrantless access to subscriber information such as email and IP addresses have been at the forefront of the Bill C-30 criticism, but the government persists in claiming this information is “the modern day equivalent of the phone book.” According to the Public Safety talking points on the bill:

Myth: Basic subscriber information is way beyond “phone book information”.

Fact: The basic subscriber information described in the proposed legislation is the modern day equivalent of information that is accessed from the phone book. These identifiers are often searchable online and shared between individuals in online communications.

The government persists in justifying its mandatory disclosure of subscriber information without a warrant on the basis that the information is as openly available the phone book, yet this is plainly untrue.

February 16, 2012 — 38 comments — News

CBC’s The Current on Cyber Surveillance

I appeared on CBC’s The Current to discuss the Bill C-30, the Cyber Surveillance Bill and in particular warrantless access to internet subscriber information. This segment included Paul Gillespie. Audio can be found here.

February 15, 2012 — Comments are Disabled — News Interviews, Tv / Radio

Why a Lawful Access Compromise Can Be Found

The launch of Bill C-30, the online surveillance legislation dubbed the Protecting Children from Internet Predators Act, went about as expected with the government taken to task with big brother imagery (“Say Hello to Big Brother Government“) and criticism over the lack of evidence (“Conservatives hew to common sense save for bizarre crime fixation“), the security threats (“Online surveillance bill will be â€˜a gold mine’ for hackers: Ontario privacy commissioner“), and the absence of a thoughtful digital vision (“Canada’s embarrassing failure on lawful access legislation“). The divisive comments from Public Safety Minister Vic Toews seemed to shape much of the dialogue, serving to ratchet up the rhetoric and overshadow both the modest changes to the bill and the legitimate remaining concerns of many Canadians.

I did a large number of interviews with print, radio (the As It Happens interview covers many of the concerns), and television (CBC, CTV, and Global) and was left wondering whether there is a compromise to be had in an environment where the Conservative majority government can obviously pass the bill but only at a significant political cost given public opinion. I may be naive, but I think it is possible.

February 15, 2012 — 79 comments — News

Toews Has Been Smearing Online Surveillance Critics For Weeks

Public Safety Minister Vic Toews’ shocking comments on critics of online surveillance in the House of Commons yesterday have attracted widespread media attention with coverage in the Globe, CBC, and Postmedia. Toews responded to questions about online surveillance by accusing critics of siding with child pornographers:

As technology evolves, many criminal activities, such as the distribution of child pornography, become much easier. We are proposing measures to bring our laws into the 21st century and to provide the police with the lawful tools that they need. He can either stand with us or with the child pornographers.

Toews may be surprised by the negative reaction because he has been saying similar things for weeks. Consider:

February 14, 2012 — 77 comments — News

Government Docs Confirm the Case Against Warrantless Disclosure of Subscriber Data

As Public Safety Minister Vic Toews proclaims in the House of Commons that you either support lawful access or stand with child pornographers, Sarah Schmidt of Postmedia has a great story this afternoon on new lawful access revelations obtained under the Access to Information Act. The documents show the internal struggle to justify warrantless access to customer name and address information and call into question Toews repeated assertions that there is no warrantless access to private conversations. Those documents are consistent with many of the points I raised in my FAQ on the Internet surveillance legislation.

On the issue of warrantless access to subscriber information, a Public Safety document demonstrates that the intention is to use this data for purposes that do not involve criminal or child pornography concerns. For example, it notes that warrants would be problematic for “non-criminal, general policing duties” such as returning stolen property. Is the government really proposing to drop key privacy protections for non-criminal concerns?

Moreover, despite claims that court oversight would burden the court system, previously undisclosed RCMP data shows 95% of requests for subscriber information are already met on a voluntary basis. Claims that court oversight would “literally collapse an already over-burdened judicial system” is therefore entirely inconsistent with the data that shows the overwhelming majority of cases are handled without court oversight. The need for court oversight arises for the last five percent, not 100% of the cases.

February 13, 2012 — 16 comments — News