February 18, 2012
Open Letter
To: Dave Wilks, MP Kootenay/Columbia
From: Bobbie Saga
This letter is to state my unequivocal opposition to the egregious lawful access legislation, now known as Bill C-30 or Protecting Children From Internet Predators Act, tabled in Parliament February 14.
First, I wish to point out that a recent United Nations report on the subject of lawful access is highly critical of such forms of legislation that, in short, invites abuse of power and chills free speech. Essentially, the UN denounced legislation passed since 9/11 in other jurisdictions, taking issue with "criminalization of personal data;" that is, the use of innocent sources of mundane personal information as databases for crime control. It specifically took issue with the excuse currently being touted by law enforcement agencies and governments as being required for the protection of children, as well as it being used as a guise for combating terrorism. The report is a condemnation of unconstitutional measures that are not only unjustified, but are also often abused, such as the UK model, and/or used to further the goals of authoritarian regimes like China. It makes for rather interesting reading.
With all due respect, it is well documented that in Canada law enforcement agencies already have significant powers of investigation. Thus, it would be prudent for them to actually substantiate a legitimate case for spying on all Canadians without warrants because to date, they have not done so. Plus, neither law enforcement agencies nor the federal government have given the public any indication of how they might safeguard law-abiding Canadians from abuse that is sure to occur with such sweeping new powers. Alone, the UK model highlights the dangers inherent with this type of legislation. Like the UK model, the current tabled legislation does include a review mechanism, but up-front procedures and harsh penalties for violations by authorities do not exist in C-30. Individuals having colour of right can use any justification, including mistakes, to defend what may in fact be abuse. Thus, an unfunded, after-the-fact audit by the privacy commissioner’s office is hardly comforting in the face of legislation that essentially trumps significant privacy rights as guaranteed by the Canadian Charter of Rights and Freedoms. At best, it is a slippery slope upon which other Charter rights could be eroded, such as freedom of association.
As well, I hold disdain for any government representative who would be so arrogant as to attempt to spin the facts concerning this legislation, or engages in disingenuous doublespeak, or makes statements that are the opposite of the truth.
In September, and following much criticism to the then pending legislation, Public Safety Minister Vic Toews stated on record the government had no plans to allow interception of private communications without a warrant. Then on Monday, Liberal public safety critic Francis Scarpaleggia alleged during question period the government is "preparing to read Canadians' emails and track their movements through cellphone signals, in both cases without a warrant." Toews responded by stating, again on record, that Scarpaleggia "can either stand with us or with the child pornographers."
The wording of the tabled legislation is clear enough to read and proves Toews misled Canadians back in September. Now, however, there is a blatant attempt by Toews and others to spin a fundamentally flawed piece of legislation. Canadians can read, and many can interpret legislation right down to the legal difference between the words may and shall.
As such, I am outraged by Straw Man Toews going over the top by utilizing an utterly transparent tactic. His response to the opposition critic merely sets up a false dichotomy of the worst form. Toews words from September may now ring hollow, at best. But his response to Scarpaleggia is nothing short of reprehensible. Canadians might disagree with this legislation for legitimate reasons other than being aligned with child pornographers. It’s insulting.
Additionally, today’s news of Toews claiming he did not read C-30 is, to say the least, the most disturbing display of backpedaling I have ever witnessed. Give me a break! Here, is Toews telling the truth, or are Canadians witnessing a government in serious damage control with Toews coming forward as the sacrificial lamb? Or is he being thrown under the bus in the face of heavy opposition to a complete and utter fiasco that is growing by the day? Please state on record which member(s) of the Conservative caucus is/are responsible for this legislation. And please state on record which members of the Conservative caucus read and/or understood every word of the legislation prior to it being tabled.
Moreover, I love the title change of this dangerous piece of legislation –– whereby the only reference to children is in the title. I take extreme exception to a bill granting sweeping new powers to both the government and law enforcement that is NOT limited to the investigation of criminal offences, or for that matter, any offence whatsoever. What hypocrisy from a government that nixed both the long-form census and the gun registry under the guise of standing up for the rights of Canadians! This legislation is no more about child pornography than I am about staying silent. Indeed, the whole "going after the molesters" rhetoric is nothing but emotional drivel and fear mongering to allow monitoring of the general population without appropriate legal oversight. It is about invading the privacy and violating the privacy rights of every Canadian.
Neither governments nor law enforcement agencies are above the law. And in Canada, the law of this land is embedded in our constitution. Shame on the Conservatives.
Tales, truth in politics, and other noteworthy stuff
Wednesday, 22 February 2012
Tuesday, 17 January 2012
Wikipedia going dark for a day in protest of US SOPA/PIPA legislation
Wikipedia announced its decision for a world-wide black out of its English-language site for 24 hours, beginning at 05:00 UTC Wednesday, January 18.
In a statement from the Wikimedia Foundation, the blackout is in protest of two proposed pieces of legislation in the US -- the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) -- that if passed, would "seriously damage the free and open Internet, including Wikipedia."
An excerpt of the statement is as follows:
It is the opinion of the English Wikipedia community that both of these bills, if passed, would be devastating to the free and open web.
Over the course of the past 72 hours, over 1800 Wikipedians have joined together to discuss proposed actions that the community might wish to take against SOPA and PIPA. This is by far the largest level of participation in a community discussion ever seen on Wikipedia, which illustrates the level of concern that Wikipedians feel about this proposed legislation. The overwhelming majority of participants support community action to encourage greater public action in response to these two bills. Of the proposals considered by Wikipedians, those that would result in a "blackout" of the English Wikipedia, in concert with similar blackouts on other websites opposed to SOPA and PIPA, received the strongest support.
On careful review of this discussion, the closing administrators note the broad-based support for action from Wikipedians around the world, not just from within the United States. The primary objection to a global blackout came from those who preferred that the blackout be limited to readers from the United States, with the rest of the world seeing a simple banner notice instead. We also noted that roughly 55% of those supporting a blackout preferred that it be a global one, with many pointing to concerns about similar legislation in other nations.
Additionally, Dr. Michael Geist, who has consistantly championed Canadian online freedoms, put out a call for participation in the January 18th blackout, and outlines Why Canadians Should Participate in the SOPA/PIPA Protest on his blog.
Other coverage on going dark for the day:
http://abcnews.go.com/Technology/wikipedia-blackout-websites-wikipedia-reddit-dark-wednesday-protest/story?id=15373251
http://www.webpronews.com/going-dark-for-sopa-blackout-here-are-some-tips-2012-01
http://www.washingtonpost.com/blogs/arts-post/post/wikipedia-blackout-how-to-survive-it/2012/01/17/gIQALRGd5P_blog.html
http://www.bbc.co.uk/news/technology-16590585
http://www.cbc.ca/news/technology/story/2012/01/17/wikipedia-dark-protest.html
In a statement from the Wikimedia Foundation, the blackout is in protest of two proposed pieces of legislation in the US -- the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) -- that if passed, would "seriously damage the free and open Internet, including Wikipedia."
An excerpt of the statement is as follows:
It is the opinion of the English Wikipedia community that both of these bills, if passed, would be devastating to the free and open web.
Over the course of the past 72 hours, over 1800 Wikipedians have joined together to discuss proposed actions that the community might wish to take against SOPA and PIPA. This is by far the largest level of participation in a community discussion ever seen on Wikipedia, which illustrates the level of concern that Wikipedians feel about this proposed legislation. The overwhelming majority of participants support community action to encourage greater public action in response to these two bills. Of the proposals considered by Wikipedians, those that would result in a "blackout" of the English Wikipedia, in concert with similar blackouts on other websites opposed to SOPA and PIPA, received the strongest support.
On careful review of this discussion, the closing administrators note the broad-based support for action from Wikipedians around the world, not just from within the United States. The primary objection to a global blackout came from those who preferred that the blackout be limited to readers from the United States, with the rest of the world seeing a simple banner notice instead. We also noted that roughly 55% of those supporting a blackout preferred that it be a global one, with many pointing to concerns about similar legislation in other nations.
Additionally, Dr. Michael Geist, who has consistantly championed Canadian online freedoms, put out a call for participation in the January 18th blackout, and outlines Why Canadians Should Participate in the SOPA/PIPA Protest on his blog.
Other coverage on going dark for the day:
http://abcnews.go.com/Technology/wikipedia-blackout-websites-wikipedia-reddit-dark-wednesday-protest/story?id=15373251
http://www.webpronews.com/going-dark-for-sopa-blackout-here-are-some-tips-2012-01
http://www.washingtonpost.com/blogs/arts-post/post/wikipedia-blackout-how-to-survive-it/2012/01/17/gIQALRGd5P_blog.html
http://www.bbc.co.uk/news/technology-16590585
http://www.cbc.ca/news/technology/story/2012/01/17/wikipedia-dark-protest.html
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
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.
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
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
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
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:
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
1424 Commercial Dr.
PO Box #21674
Vancouver, BC, V5L 5G3
These bills will hurt your wallet and your privacy
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.
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
1424 Commercial Dr.
PO Box #21674
Vancouver, BC, V5L 5G3
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