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Proposed Canadian Law Would Allow Warrantless Searches 195

Posted by timothy
from the rifling-through-america's-storage-unit dept.
An anonymous reader writes "A bill introduced by Canada's Minister of Public Safety will allow police to (warrantlessly) force ISPs to provide access to any requested digital traffic records, reports News 1130. Police lobbied for the bill as means of 'combatting gangsters, pedophiles, or terrorists,' but apparently they find the legal principles of judicial review and probable cause, as well as a constitutional provision against 'unreasonable search or seizure', to be too much of a hassle, and would rather be able to search anyone's web or e-mail traffic at their own discretion and without any oversight. All in the name of public safety, of course."
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Proposed Canadian Law Would Allow Warrantless Searches

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  • by illiter4te (1574849) on Thursday June 18, 2009 @05:17PM (#28380821)
    Its so funny to see people say that kind of stuff... "Thats it! Govt is too big, lets move to Canada!" C'mon... Canada is more liberal and has bigger government than we do here. I think you mean you need to move to Mexico where the govt doesn't use its power to protect its people...
  • Easy (Score:3, Interesting)

    by BigJClark (1226554) on Thursday June 18, 2009 @05:22PM (#28380893)

    Easy, you crazy kids. Sometimes in Canada, we'll propose some totally nuts bill to ensure it gets struck down, and it serves as a precendence to prevent weaker, yet more wily intrusions in our security and privacy.

    That being said, please do, write your politicians, let them know their thoughts.
  • by cdrguru (88047) on Thursday June 18, 2009 @06:34PM (#28381897) Homepage

    The real problem with getting a warrent in many cases is that while there may be strong indications that something is going on, there is nothing that a judge would consider probable cause.

    This can even extend to siuations where it is clear to someone technically inclined that someone is involved in probably illicit digital traffic but it is not at all clear to someone less technical. This comes up with botnets and compromized computers - you see a computer hammering away at sending spam or a brute-force attack. It is clear from simply looking at traffic statistics that something is going on. Is this cause for someone to take action? Usually not, because there is no "real world" evidence of this other than some ephemeral digital indication, which isn't good enough.

    Requiring physical, real-world "probable cause" in order to examine digital information would seem to be a sure guarantee that there is no digital crime. Since it can't be identified, it therefore doesn't exist. And I am sure there are plenty of judges that cannot conceive of anything beyond physical, real world probable cause and will not grant a warrant based on anything digital at all.

    I do find this interesting that this comes up on the same day as an article about Sweden's court rejecting IP identification. Clearly nobody knows what is going on and the courts in different places are utterly lost.

  • by gun26 (151620) on Thursday June 18, 2009 @06:37PM (#28381939)
    The Conservative party consists of a large caucus holding the overwheliming majority of seats from Western Canada and a smaller rump from populous Ontario (which elects almost 1/3 of the parliamentary seats). In order to have a political future the Cons need to grow in Ontario - they can't expect much more in the West and they burned their bridges with the Quebec electorate in last December's coalition crisis. But the cabinet pickings are slim from the Ontario Con group, most of whom are cretinous hard-right retreads from the old Mike Harris provincial government in power here in the late 90s. Peter Van Loan is perhaps the dumbest of the bunch - his talent seems to consist of partisan brawling at the gutter level and not much else. Like most of the Ontario Conservative members, he represents a rural riding. Minister of Public Safety? His title should really be Minister of the Public Be Damned. I don't know what to make of Van Loan being the front man for this initiative by the Conservative government. Either his political star is rising, or the Conservatives don't really expect the initiative to pass and are hanging Van Loan out to dry since he's one of the more expendable cogs in their machine.
  • Re:Be reasonable... (Score:5, Interesting)

    by Anonymous Coward on Thursday June 18, 2009 @06:52PM (#28382159)

    I agree. In Calgary, if you say anything that does not support the Calgary Police Service, you must be a criminal.

    Speak out about Calgary Police Service beating up and raping women who walk the street for money, or other acts by the Calgary Police which would get a normal citizen arrested, and you will find your self in the Calgary Prison system before you know what happen.

    Your name will be in the newspapers, all over the news, and broadcast by the Calgary Police to ensure everyone knows you are guilty of what the Police say you are guilty of. Of course this is long before your trial.

    You will not be able to find employment, because Calgary Police will show up at your place of work and tell everyone you are a criminal.

    Meanwhile, the Calgary Police Service have members who attempt to pick up young girls on line, sell drugs which they took from drug dealers instead of arresting them, selling firearms which should have been destroyed, drinking and driving, and worst of all doing what ever they want too. There are even Calgary Police member who are paedophiles. Other member commit assaults with out any investigation. Because the Calgary Police who do not report to anyone.

    Most of these acts have been documented on the CBC and other websites. But on the CBC news stories which make the Calgary Police look bad, disappear almost as fast as they appear.

    Freenet, and a few darknets has good selection of video of the crimes committed by the Calgary Police Service.

    The truth is there, just have to look for it.

  • by Mashiki (184564) <mashiki&gmail,com> on Thursday June 18, 2009 @07:54PM (#28382987) Homepage

    Actually it's because there was two conservative parties in Canada and the vote was split down the middle. Big shock that the liberals won in nearly every riding where a conservative would normally win due to a vote split. Guess what happened in the last election with Dion?

    Due to their left-left pandering, a high majority went far to the NDP. Some went to the Liberals and big shock, they lost in areas except liberal strongholds(Toronto, etc). In Canadian politics, parties rise and fall all the time.

  • Re:Children (Score:2, Interesting)

    by Anonymous Coward on Thursday June 18, 2009 @08:24PM (#28383415)

    Yes,
    This was actually part of the reporting I heard on the radio.
    And I quote: "This is to protect children"

    nuff said.

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