Showing posts with label Lawful Access. Show all posts
Showing posts with label Lawful Access. Show all posts

Tuesday, 28 February 2012

Criticism of Bill C-30 driven by media misunderstanding, claims Vic Toews

Updated:

Minister of Public Safety embarks on a campaign of misinformation, critics charge

by Bobbie Saga

Public Safety Minister Vic Toews continues to defend the Tories’ lawful access legislation – and himself – saying many in the media misunderstand the highly controversial Bill C-30.

Toews made the attempt to clarify his position in an Op-ed column for Postmedia News Friday that followed a public backlash beginning with the Tories’ reintroduction of the legislation that many Canadians, at best, deem too intrusive.

But in the process of an explanation, Toews – yet again – resorts to a disingenuous attack, this time taking direct aim at the media.

In his editorial, Toews continues to reiterate the bill’s intent is to protect children, even though the only reference to children is in the title, and that it is required to combat serious crime, even though critics say law enforcement agencies have yet to provide evidence to substantiate the need for sweeping new police powers.

"Let me be clear: Bill C-30 creates no new powers to access the content of e-mails, web-browsing history or phone calls beyond that which already exists in Canadian law," Toews wrote.

"Some have accused me of not reading a bill I've been involved in shaping for over half a decade. Ironically, when I read most media coverage of C-30, I am struck by just how poorly the bill is understood by many writers."

Toews first leveled an attack against Liberal public safety critic Francis Scarpaleggia Feb. 13 with his now infamous statement, inferring Canadians could, "stand with us of with the child pornographers." But by the following day, and with public outrage mounting over the comment, Toews denied having said it, leading the media to replay the tape of him saying it.

Then on Feb. 14, the day C-30 or the Protecting Children From Online Predators Act was reintroduced in Parliament, it was confirmed the legislation does indeed give authorities new and unprecedented access to personal information – names, addresses, phone numbers and online ID numbers – and without appropriate court oversight.

In an interview airing Feb.17 on CBC Radio's The House, Toews also said his understanding of the bill is police can only request information from ISPs when conducting, "a specific criminal investigation."

But according to privacy and legal experts, as well as the opposition parties, provisions of C-30 do allow authorities the ability to ask for Internet subscribers' information without a warrant under "exceptional circumstances" (Section 17), and there is a section allowing authorities, with a warrant, to make copies of records made by ISPs (Section 34).

Within days of its introduction, and with growing opposition from within their own base that included calls for Toews' resignation, the Tories announced the bill would go directly to committee for revisions, a rare move by any government.

Campaign of misinformation

There is, however, more skepticism than certainty that Bill C-30 going to the committee process will result in reasoned debate, or changes to the legislation. That is because Conservative MPs have control of the process and will determine all aspects of it and its outcome.

And although most vocal media critics of the legislation have yet to respond to Toews continued assertions, or his statement the media misunderstand Bill C-30, some opponents are clearly not backing off in their bid to have the bill go through substantive alterations. Nor has the very vocal public outcry abaited to have Bill C-30 killed altogether, or fixed.

Dr. Michael Geist, an expert on the subject of lawful access, and outspoken critic of both the current and previously tabled legislation, says he has "been asked repeatedly what should be done to fix Bill C-30" since its reintroduction.

He says the bill requires considerable study, adding "12 amendments of undertakings" are needed "to begin to address the massive public concern with the legislation." Geist posted How to Fix Canada's Online Surveillance Bill: A 12 Step To-Do List on his blog yesterday.

"Given recent events, many understandably believe the bill is beyond repair and should be scrapped," he says.

"However, assuming the government sticks with it and send[s] the bill to committee with a mandate to consider a wide range of reforms and submissions, I’d start with the non-comprehensive to-do list:
  1. Evidence, Evidence, Evidence;
  2. No Mandatory Warrantless Access to Subscriber Information;
  3. Reporting Warrantless Disclosure of Subscriber Information;
  4. Remove the Disclosure Gag Order;
  5. "Voluntary" Warrantless Data Preservation and Production;
  6. Government Installation of Surveillance Equipment;
  7. Reconsider the Internet Provider Regulatory Framework;
  8. Improve Lawful Access Oversight;
  9. Limit the Law to Serious Crimes;
  10. Come Clean on Costs;
  11. The Missing Regulations;
  12. Deal with the Failure of Privacy Laws to Keep Pace."
Meanwhile, Vincent Gogolek, a spokesperson for the BC Freedom of Information and Privacy Association, took serious issue with both Toews and a "fact sheet" that suddenly appeared on the Public Safety site last week. It included a scathing review of Toews’ recent talking points. As well, he wrote a "mythbusting" rebuttal of Public Safety's fact sheet on behalf of the Vancouver-based OpenMedia group.

OpenMedia is an independent, non-partisan organization representing more than 40 advocacy and other groups, plus many individual Canadians countering the government with a petition that, to date, has accumulated over 115,000 signatures. It has also championed a public education Stop Online Spying campaign since last May.

"The government is on the defence," Gogolek wrote.

"Fresh from being outed on CBC radio as unfamiliar with his own bill, asked to resign in the National Post, and generally berated via social media, Public Safety Minister Vic Toews has been emailing those who signed the Stop Online Spying petition with the same washed up talking points that have been debunked again and again. We’ve decided to go point-by-point through his misleading ‘myth-busting’, and make sure it’s clear how ridiculous this bill — not to mention the force attempting to pass it — truly is."

Gogolek then advised that "If you're upset by Toews' unwillingness to listen to Canadians, consider submitting a letter to your local paper. We have a tool for this here."

Additionally, results of a public-opinion poll released Friday by Angus Reid, suggests half of Canadians surveyed believe the bill is too intrusive, while about the same amount believe C-30 should be scrapped.

The survey concludes Canadians reject components of Bill C-30, and reveals concern over the proposed legislation crosses party lines. Nearly half of Conservatives and the majority of New Democrats and Liberals oppose the bill's passage in its current form. It does not state if Green Party supporters were represented in the survey.

"The idea of surrendering subscriber data and identifiers without a warrant is rejected by almost two thirds of Canadians," Angus Reid declared in its analysis.

It went further, noting, "The most unpopular measure included in Bill C-30 is requiring telecommunications providers to disclose, without a warrant, six types of identifiers from subscriber data (Name, Address, Telephone number, Email address, IP address and Local service provider identifier). Almost two thirds of Canadians (64%) disagree with this idea."

The online survey of 1,011 randomly selected Canadian adults, which took place Thursday and Friday, has a margin of error of 3.1 percentage points, 19 times out of 20.

Saturday, 2 July 2011

More abuse of lawful access exposed in UK

The UK Telegraph, under Freedom of Information, exposes more abuse of the British version of lawful access legislation. The records obtained reveal police and others seeking information on footballer Steven Gerrard gained access to his classified files despite safeguards of the law that is pruported to combat serious crime and terrorism. Although law enforcement authorities say most of the breaches are attributed to interest in Gerrard, officers were also accessing files to check classified data about relatives, friends and acquaintances who had "provoked their suspicions."

Read full story at:

http://www.telegraph.co.uk/news/uknews/crime/8600815/130-police-officers-broke-rules-to-view-files-on-Steven-Gerrards-trial.html

Sunday, 26 June 2011

The UK example: Lawful Access legislation is a dangerous invasion of privacy

Reports from the UK Telegraph say British authorities made more than 500,000 requests for confidential communications data in each of the past few years, "equivalent to spying on one in every 78 adults, leading to claims" that Brits "sleepwalked into a surveillance society."

The requests came under an Act allowing law enforcement to gain access to information on individuals who have phoned, emailed, used websites, etc. The legislation was originally enacted for the purpose of combating terrorism and serious crime.

Defenders of the UK Act, like those who tout the Canadian version, say the Act does not allow access to the content of communications, but only the 'traffic' (who you are speaking to, etc.).

The UK example highlights how easy it is for athorities to abuse this type of legislation – in some cases, access powers were used by British authorities to do more than snoop and demonstrates it is indeed a slippery slope. Care is, therefore, required to ensure the proper safeguards are in place before any expansion of police powers is allowed.

See the UK Information Commissioner's
full report as well as a breakdown of some of the numbers.

More mainstream and buried coverage of lawful access legislation:

Globe and Mail Story: the comments on this story are also worth the read:
http://www.theglobeandmail.com/news/opinions/tabatha-southey/ottawa-to-contract-out-spying-but-who-cares-its-only-the-internet/article2075104/


Everyone, please sign the petition located at http://openmedia.ca/StopSpying and please ensure you share it with everyone you know, be FB, Hotmail or on Twitter. We have to step up to the plate, raising the signatures on the petition so Harper and Co. know we are serious.

If you want to write to your MP, you can locate them @ http://www.parl.gc.ca/Parlinfo/Compilations/HouseofCommons/MemberByPostalCode.aspx?Menu=HOC


More information about the Lawful Access is on Maiden Heaven's discussion page called, "Canadian Police State Legislation Needs Closer Examination". You can use a letter she has drawn up. Edit, copy and paste as you will (and if you do edit, please paste the edited letter to the discussion so that others may use it too) It’s located at https://www.facebook.com/openmedia.ca

It is CRITICAL that as many people as possible know about online spying as soon as possible. If people don't understand or seem apathetic, ask them to imagine coming home to find a cop rifling through your home without a warrant, then handing you a bill for their services on their way out the door.

Why Privacy Matters Even if You Have 'Nothing to Hide' – It’s long, but worth the read:
http://chronicle.com/article/Why-Privacy-Matters-Even-if/127461/

The government is trying to ram through internet surveillance laws that will invade your privacy and cost you money. The plan is to force every phone and Internet provider to surrender our personal information to "authorities" without a warrant.The Privacy Commissioner of Canada, Jennifer Stoddart, along with every provincial and territory Privacy Commissioner, has written of their concerns for the loss of Our privacy under the Lawful access bill. http://www.priv.gc.ca/media/nr-c/2011/let_110309_e.cfm

This bizarre legislation will create Internet surveillance that is:

* Warrantless: A range of "authorities" will have the ability to invade the private lives of law-abiding Canadians and our families using wired Internet and mobile devices, without a warrant or any justification.
* Invasive and Dangerous: The laws leave our personal and financial information less secure and more susceptible to cybercrime.
* Costly: Internet services providers may be forced to install millions of dollars worth of spying technology and the cost will be passed down to YOU.

 
Meanwhile in other news, we Canucks get to subsidize big oil again
http://www.vancouversun.com/business/Feds+Alberta+commit+million+Shell+Scotford+carbon+capture+project/5003331/story.html

Friday, 24 June 2011

Harper government denies the reality of Lawful Access legislation

"The question is not whether abuse would occur, but how widespread such abuse would be," say Angus and Sandhu in their letter to Public Safety Minister Vic Toews, written in response to proposed online spying legislation (Lawful Access):
Lawful Access: NDP MP Charlie Angus' Letter to Public Safety Minister Vic Toews

Thursday, 23 June 2011

Stop Online Spying!

OpenMedia for Immediate Release

These bills will hurt your wallet and your privacy

Sign the Stop Online Spying Petition at http://stopspying.ca
The government is trying to push through an anti-Internet set of electronic surveillance laws that will invade your privacy and cost you money. They’re calling it "Lawful" Access -- we're calling it warrantless, invasive, costly, and poorly thought out.

The plan is to force every phone and Internet provider to surrender our personal information to "authorities" without a warrant.

This bizarre legislation will create Internet surveillance that is:
  • Warrantless: If these bills pass, we're looking at a future where a range of “authorities” will have the ability to invade the private lives of law-abiding Canadians and our families using wired Internet and mobile devices, without any justification.
  • Invasive: This is a radical break from existing safeguards and leaves our personal and financial information less secure and more susceptible to cybercrime. Who will ensure that our personal information is not misused or stolen?  
  • Costly: Internet services providers will be forced to install millions of dollars of spying technology and the cost will be passed down to YOU.
Besides all this, the bills are poorly written, use vague terms, and provide dangerously unchecked powers to government. In fact, every single provincial privacy commissioner has stepped up to criticize them.

If enough of us speak out now the government will have no choice but to stop this mandatory online spying scheme.



For the Internet,
Steve, Reilly, Lindsey, Glyn, and Shea -- The OpenMedia.ca Team
PS: OpenMedia.ca depends on the support of Canadians like you to continue our fight for a more open and affordable Internet. Please consider a gift to OpenMedia.ca to help us in our work. Visit http://openmedia.ca/give to chip in.

SOURCES:
The Globe And Mail: Bill C-51 will turn ISPs into Internet gatekeepers

http://www.theglobeandmail.com/news/technology/digital-culture/dwayne-winseck/bill-c-51-will-turn-isps-into-internet-gatekeepers/article2059908/
TVO’s Search Engine: It's Time to Worry About Lawful Access

http://www.tvo.org/cfmx/tvoorg/searchengine/index.cfm?page_id=613&action=blog&subaction=viewpost&blog_id=485&post_id=15829
Michael Geist: Web Surveillance Legislation Requires Study, Not Speed

http://www.michaelgeist.ca/content/view/5808/135/
Canadian Privacy Law Blog: Canadian police state legislation needs closer examination

http://blog.privacylawyer.ca/2011/04/canadian-police-state-legislation-needs.html
Letter to Public Safety Canada from Canada's Privacy Commissioners and Ombudspersons on the current 'Lawful Access' proposals

http://www.priv.gc.ca/media/nr-c/2011/let_110309_e.cfm
From Maiden Heaven and others on the OpenMedia.ca Facebook Discussion Boards: Canadian police state legislation needs closer examination
http://www.facebook.com/topic.php?uid=173437729758&topic=16926


OpenMedia.ca
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PO Box #21674
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Thursday, 19 May 2011

Big Brother may soon be watching you

The good folks over at OpenMedia.ca have just launched a campaign against the Harper Government's potential Orwellian move on Canada’s Internet.

Lawful access legislation, expected to be tabled as early as June, is part of the Conservative omnibus crime bill, and may be a move to establish massive Internet surveillance, potentially at enormous costs to both personal privacy and Internet services.

Details of new legislation will remain unknown until tabled in the House of Commons, but lawful access is part of 11 previous justice and crime bills that died on the order paper when the Harper government fell on contempt of Parliament March 25. Prime Minister Stephen Harper promised a majority government would deliver a bundled omnibus crime bill within the new Parliament’s first 100 days. The bold "law-and-order" pledge was part of the Conservative "Here for Canada" package of election promises.


All of Canada’s provincial and territorial privacy commissioners recently expressed grave concern over previously tabled legislation. Jennifer Stoddart, Privacy Commissioner of Canada, sent William Baker, former Deputy Minister for Public Safety Canada, a letter March 9 denouncing the Conservative initiative to amend the legal regime governing the use of electronic search, seizure and surveillance. http://www.priv.gc.ca/media/nr-c/2011/let_110309_e.cfm

As such, everyone is invited, indeed encouraged, to read up on what lawful access means: What it is and what it may NOT do for you. OpenMedia is also asking for input on its campaign, and assistance with getting the word out on "Internet Surveillance: How Do We Stop It?" , an extension of their "Stop the Meter campaign."

More media related postings:
Straight.com
http://www.thestar.com/business/article/991230--geist-web-surveillance-legislation-requires-study-not-speed