Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb

Lawful Access

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:

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.

February 20, 2012 — 3 comments — News

What a Difference a Week Makes: The Fight Against Online Surveillance

When the government placed the Internet surveillance bill on the notice paper one week ago, few would have predicted that within days of the introduction, the anger with the legislative proposals would have been so strong that the government would steadily backtrack on its plans, with Public Safety Minister Vic Toews yesterday telling the House of Commons the bill will go to committee before second reading to ensure that there is greater openness to amendments (changes are more restricted after second reading). While the battle is only beginning, the overwhelming negative reaction seems to have taken the government by surprise.

There are undoubtedly many factors that led to the early successful fight against the bill. Toews’ outrageous comments on siding with child pornographers the day before the bill was even introduced placed the government on the defensive from the outset. The substance of the bill is genuinely bad as there is no need for hyperbole to explain the privacy threats that come from mandatory disclosure of personal information without court oversight. This is an issue that resonates with both sides of the political spectrum with criticism from Conservative MPs and supporters particularly telling.

Yet this time I think there is something more happening. Government ministers often make ill-advised comments, yet few sink support for legislation so quickly. Privacy is a major concern, but it rarely generates this level of interest (the Privacy Act has not been amended in over 30 years despite repeated efforts to do so and there are no protests over the delayed Bill C-12, the privacy reform bill, languishing in the House). There has been conservative criticism of other government initiatives, but it rarely generates such a quick reaction.

The “something more” is the Internet and how over the past month it has emerged as a powerful political force in North America and Europe.

February 17, 2012 — 41 comments — News

“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