Clever Clogs
Posts: 634 
Location: Quebec
Location: Quebec
April 9th, 2007, 09:39 AM
REVIVE 2005 BILL, TORIES ARE URGED
Lack of power limits investigations, they say
In November 2005, the former Liberal government introduced the Modernization of Investigative Techniques Act, which would have made it easier for law-enforcement agencies to intercept Internet and wireless communications.
The “lawful access” law, as it was better known, also would have compelled telecommunications service providers, such as Bell Canada and Rogers Communications, to disclose the name and address of subscribers to authorities on request. The bill didn’t pass before the last election.
However, Prime Minister Stephen Harper’s government has promised to revive it, and documents obtained by CanWest under the Access to Information Act confirm Justice Department officials and other departments have been laying the groundwork.
Police and the Canadian Security Intelligence Service can already seek authority to wiretap private communications through the Criminal Code, the CSIS Act and other laws.
But the laws were written before the emergence of the Internet and wireless technologies such as mobile phones and, in many cases, the industry hasn’t developed the technology to intercept such communications.
The lawful access bill would have effectively forced companies to build intercept capabilities into their networks.
Police have also been lobbying for greater powers to extract personal subscriber information from service providers.
“A lack of legislation to obtain (customer names and addresses) has already had serious consequences for investigations and victims,” the RCMP stated in a briefing note last September.
The note, prepared prior to a briefing for Public Safety Minister Stockwell Day, argues obtaining subscriber information is essential not only to cybercrime investigations, but even general, “non-investigative” police duties.
At present, authorities must seek a court warrant before asking ISPs to cough up personal information. Under the lawful access bill, they would not have to seek judicial approval.
Service providers are sometimes reluctant to disclose personal information because they fear being sued by their customers, the note adds.
But removing judicial oversight over how police obtain personal information increases the risk that people’s privacy will be abused, said Michael Geist, a technology-law expert at the University of Ottawa. “If you’re going to do more than pay lip service to the checks and balances between privacy and security, there has to be some level of third-party oversight.”
A spokeswoman for Day said last summer that the government could reintroduce the bill as early as fall. Liberal MP Marlene Jennings has introduced a private member’s bill to implement the original law, but the government has yet to table its own version.
Justice officials have also been working on plans to update the Criminal Code to deal with email and other recent technologies.
But a spokeswoman for Justice Minister Rob Nicholson said this week the government is focused on getting its existing justice bills through Parliament first.
I have no objections in criminal cases. The comment that bothers me is 'not only in cybercrimes investigations, but even general "non-investigative" police duties.
The only safeguard we have against indiscriminate use of police powers is the necessity of getting a warrant.
REVIVE 2005 BILL, TORIES ARE URGED
Lack of power limits investigations, they say
ANDREW MAYEDA CANWEST NEWS SERVICE
OTTAWA —
OTTAWA CITIZEN
The RCMP has urged the Harper government to reintroduce a controversial bill that would force Internet service providers to turn over personal information on subscribers, arguing the lack of such legislation has already had “serious consequences” for investigations, newly released documents show.OTTAWA —
OTTAWA CITIZEN
In November 2005, the former Liberal government introduced the Modernization of Investigative Techniques Act, which would have made it easier for law-enforcement agencies to intercept Internet and wireless communications.
The “lawful access” law, as it was better known, also would have compelled telecommunications service providers, such as Bell Canada and Rogers Communications, to disclose the name and address of subscribers to authorities on request. The bill didn’t pass before the last election.
However, Prime Minister Stephen Harper’s government has promised to revive it, and documents obtained by CanWest under the Access to Information Act confirm Justice Department officials and other departments have been laying the groundwork.
Police and the Canadian Security Intelligence Service can already seek authority to wiretap private communications through the Criminal Code, the CSIS Act and other laws.
But the laws were written before the emergence of the Internet and wireless technologies such as mobile phones and, in many cases, the industry hasn’t developed the technology to intercept such communications.
The lawful access bill would have effectively forced companies to build intercept capabilities into their networks.
Police have also been lobbying for greater powers to extract personal subscriber information from service providers.
“A lack of legislation to obtain (customer names and addresses) has already had serious consequences for investigations and victims,” the RCMP stated in a briefing note last September.
The note, prepared prior to a briefing for Public Safety Minister Stockwell Day, argues obtaining subscriber information is essential not only to cybercrime investigations, but even general, “non-investigative” police duties.
At present, authorities must seek a court warrant before asking ISPs to cough up personal information. Under the lawful access bill, they would not have to seek judicial approval.
Service providers are sometimes reluctant to disclose personal information because they fear being sued by their customers, the note adds.
But removing judicial oversight over how police obtain personal information increases the risk that people’s privacy will be abused, said Michael Geist, a technology-law expert at the University of Ottawa. “If you’re going to do more than pay lip service to the checks and balances between privacy and security, there has to be some level of third-party oversight.”
A spokeswoman for Day said last summer that the government could reintroduce the bill as early as fall. Liberal MP Marlene Jennings has introduced a private member’s bill to implement the original law, but the government has yet to table its own version.
Justice officials have also been working on plans to update the Criminal Code to deal with email and other recent technologies.
But a spokeswoman for Justice Minister Rob Nicholson said this week the government is focused on getting its existing justice bills through Parliament first.
I have no objections in criminal cases. The comment that bothers me is 'not only in cybercrimes investigations, but even general "non-investigative" police duties.
The only safeguard we have against indiscriminate use of police powers is the necessity of getting a warrant.
World Police
Posts: 4,789 
Videos: 1
Videos: 1
April 9th, 2007, 09:47 AM
Laws like this make my blood boil. In an increasingly IP based world, passing a law such as this would allow cops to snoop not only your www travels, but your Phone Records (VOIP), TV (IPTV), IP based home alarms and the list goes on. Giving the Cops a free reign over your personal data is bound to be abused, this law is BS.
Laws like this make my blood boil. In an increasingly IP based world, passing a law such as this would allow cops to snoop not only your www travels, but your Phone Records (VOIP), TV (IPTV), IP based home alarms and the list goes on. Giving the Cops a free reign over your personal data is bound to be abused, this law is BS.
Electoral Member
Posts: 318
Location: Atikokan, Ontario
Location: Atikokan, Ontario
April 9th, 2007, 10:04 AM
To expand on what Durka said, the problem with this particular bill is that it is way too broad to be used for the specific purposes the RCMP has proposed. Should this bill pass, lobby groups like the CRIA (and in conjunction with the RIAA and MPAA, who will use the CRIA as a throughput to circumvent international laws) they will interepret it as having carte-blanche to begin serving John Doe subpenoas against those they believe to be legally downloading files from the Internet. They will then be able to compel police and the ISPs to fork over the sensitive information that they could use to blindly coerce people into settling out of court for outrageous sums of money, a practice which has been used multiple times in the US and is tantamount to little more than extortion on the part of the lobby groups.
It's sick. I can guarantee you if they ever make downloading files a civil suit crime, they won't rescind the 50% levy on all blank media sold in Canada (even if you just use if for backing up your computer, or whatever) that is supposed to go to pay the artists for their work being downloaded - the trust, which stands at over $150 million in Canada alone, has yet to pay out even a fraction to the artists since its inception more than a decade ago.
To expand on what Durka said, the problem with this particular bill is that it is way too broad to be used for the specific purposes the RCMP has proposed. Should this bill pass, lobby groups like the CRIA (and in conjunction with the RIAA and MPAA, who will use the CRIA as a throughput to circumvent international laws) they will interepret it as having carte-blanche to begin serving John Doe subpenoas against those they believe to be legally downloading files from the Internet. They will then be able to compel police and the ISPs to fork over the sensitive information that they could use to blindly coerce people into settling out of court for outrageous sums of money, a practice which has been used multiple times in the US and is tantamount to little more than extortion on the part of the lobby groups.
It's sick. I can guarantee you if they ever make downloading files a civil suit crime, they won't rescind the 50% levy on all blank media sold in Canada (even if you just use if for backing up your computer, or whatever) that is supposed to go to pay the artists for their work being downloaded - the trust, which stands at over $150 million in Canada alone, has yet to pay out even a fraction to the artists since its inception more than a decade ago.
Les
Posts: 6,139
Location: 50 acres in Kootenays BC
Location: 50 acres in Kootenays BC
April 9th, 2007, 11:09 AM
Quoting Sparrow
Magnus frater spectat te - Latin for "Big Brother is watching you".
REVIVE 2005 BILL, TORIES ARE URGED
Lack of power limits investigations, they say
The RCMP has urged the Harper government to reintroduce a controversial bill that would force Internet service providers to turn over personal information on subscribers, arguing the lack of such legislation has already had “serious consequences” for investigations, newly released documents show.......
Lack of power limits investigations, they say
ANDREW MAYEDA CANWEST NEWS SERVICE
OTTAWA —
OTTAWA CITIZEN
OTTAWA —
OTTAWA CITIZEN
The RCMP has urged the Harper government to reintroduce a controversial bill that would force Internet service providers to turn over personal information on subscribers, arguing the lack of such legislation has already had “serious consequences” for investigations, newly released documents show.......
World Police
Posts: 4,789
Videos: 1
Videos: 1
April 9th, 2007, 11:16 AM
Well, criminals & the extra paranoid part of the population will be flocking to open proxy servers like no tomorrow.... ISP logs don't assist the police much when all the suspects data trabsfer terminated at openproxy.org .
Well, criminals & the extra paranoid part of the population will be flocking to open proxy servers like no tomorrow.... ISP logs don't assist the police much when all the suspects data trabsfer terminated at openproxy.org .
House Member
Posts: 3,167
April 9th, 2007, 11:17 AM
Modern society, whether democratic or totalitarian, is all about the same thing - control. I thought we lived in a democratic society where individual rights meant something. Nope. A regulation-mad nanny state nips away daily at whatever we still possess.
Modern society, whether democratic or totalitarian, is all about the same thing - control. I thought we lived in a democratic society where individual rights meant something. Nope. A regulation-mad nanny state nips away daily at whatever we still possess.
