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

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

Lawful Access

How To Rein In Lawful Access

Christopher Parsons has an excellent op-ed on how to rein in the forthcoming lawful access bill.  Parsons points to four steps: (1) dedicated hearings on lawful access; (2) strong independent audit, oversight, and enforcement powers; (3) judicial oversight; and (4) sunset clauses.

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October 12, 2011 2 comments News

(Un)Lawful Access

UnLawful access is a great new project focused on the implications of the government’s forthcoming lawful access legislation.  I was pleased to participate in a terrific video on lawful access that includes Andrew Clement, David Fewer, David Lyon, David Murakami Wood, Dwayne Winseck, Ian Kerr, Natalie Des Rosiers, and Ron […]

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October 4, 2011 2 comments News

Public Debate on Lawful Access Misses Real Concerns

lawfulaccesscolumn Appeared on September 25, 2011 in the Toronto Star as Public Debate on Lawful Access Misses Real Concerns Lawful access, the Conservatives’ planned Internet surveillance legislation, has generated considerable attention over the past week as the government decided against including it in their first omnibus crime bill. That decision […]

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September 26, 2011 Comments are Disabled Columns Archive

Can We Please Focus on the Real Lawful Access?

Lawful access, the government’s planned legislation on Internet surveillance, has generated considerable attention over the past few days as the government decided against including it in its first omnibus crime bill. That decision generated media coverage, claims that the government backed down in the face of a 70,000 signature online petition, and a debate in the House of Commons in which Public Safety Minister Vic Toews stated that warrantless online wiretapping is not planned. While I recognize these developments feel like a cause for celebration, I fear there is a major problem developing as too much of this discussion doesn’t actually involve the real lawful access.

First, the omission of lawful access from Bill C-10 does not mean lawful access is dead or defeated. It is only delayed as Justice officials have indicated that the government is “committed to reintroducing” the lawful access measures. In fact, yesterday Toews confirmed again “the legislation will come.” The exclusion from the omnibus crime bill is definitely a step in the right direction – it should allow for the committee hearings that have never happened despite several attempts to pass lawful access – but lawful access will still be introduced and presumably passed at some point in the future.

Second, the debate has unfortunately veered into concerns over lawful access that don’t reflect reality.

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September 22, 2011 26 comments News

Government Introduces Omnibus Crime Bill Without Lawful Access Provisions

The government is introducing its omnibus crime today and it appears that the lawful access provisions will not be a part of it. The Department of Justice release includes no reference to the lawful access bills. While there is every reason to believe lawful access will be introduced some time […]

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September 20, 2011 10 comments News