Canada Unveils Internet Surveillance Legislation 272
An anonymous reader writes "Michael Geist is reporting on his blog that the Canadian government today introduced new legislation that would require ISPs to establish new surveillance controls to monitor Internet activity. The bill will also require ISPs to disclose subscriber information without a warrant. The bill may not survive given the state of the government, but this is a sad indicator of things to come."
Silly Canadians (Score:5, Funny)
Some of us techies know it as "packet sniffers".
Re:Silly Canadians (Score:3, Insightful)
Anyway, I doubt this will come into existance. If it does, well...
a) I'll be truly disappointed in our government, and
b) I'll start using a hell of a lot more encryption.
Re:Silly Canadians (Score:2)
Re:Silly Canadians (Score:2)
Re:Silly Canadians (Score:3, Interesting)
No kidding. It's pretty bad when the first I hear of stuff like this is on Slashdot.
Why is it so hard to have public input on these issues? American Idol/Canadian Idol can have these massive phone-ins where people vote on a singer of their choice. Why not have some sort of phone-based voting system that lets Canadians have a say on important issues like this? Oh wait, because these sorts of laws would never get passed that way.
Re:Silly Canadians (Score:2)
It was on the CBC yesterday, with the lack of warrents being a major point of contention. Don't expect to hear about it in the U.S., though: it's a "cooperation with our neighbours" initiative (;-))
--dave
Re:Silly Canadians (Score:2)
Re:Silly Canadians (Score:2)
I'm all in favour of voting, but let's stick with the paper and pencil method for now, OK?
Europe risks becoming silly too (Score:5, Informative)
If you are a European citizen you can sign a petition against the directive here [dataretent...lution.com].
According to a joint newspaper article by Swedish MEPs Charlotte Cederschiöld (conservative) and Jonas Sjöstedt (socialist) that was published some months ago, the only thing that can stop the directive is feedback to the politicians from the general public on the same scale as the software patents directive generated. I don't know if they are right in their assessment, but signing the petition against the directive is at least a first step.
Personally, I would also like to see the European ISPs becoming more active and start spending some real money on lobbying.
As long as it's only the old dinosaurs with pre-Internet business models that are spending lobbying money in Brussels/Washington/Ottawa/Canberra, we will continue to see bad pieces of legislation getting passed everywhere. It's time for a new generation of businesses to realize that politics don't take care of themselves, and that if you let the bad guys' lobbyists rein unopposed, there is a bill to be paid for it later.
Re:Europe risks becoming silly too (Score:2, Insightful)
It's a combination of incumbant large businesses and fiscally liberal politicians from both parties, e.g. recording industry, which has much more to do with this than law enforcement, but law enforcement is buying on because they're being promised new ultra-powerful surveillance and interce
Like this'll pass (Score:5, Interesting)
Re:Like this'll pass (Score:5, Insightful)
Re:Like this'll pass (Score:2)
Re:Like this'll pass (Score:2)
Comparison with wiretap (Score:5, Interesting)
For those of us who are not legal experts, can someone clarify the procedure to obtain a wiretap?
With respect to this bill, the CBC report at
http://www.cbc.ca/story/canada/national/2005/11/1
says:
"However, McLellan said that just like in the old wiretap days, police investigators will have to get the approval of a judge before they can have access."
This sounds different from the article.
Re:Comparison with wiretap (Score:5, Interesting)
CSIS - essentally the Canadian version of the CIA can listen to what it wants - no warents or oversight needed. the catch is that information CSIS collects through its methods is not admisable in court, though they have in the past provieded information to the RCMP.
Your employer however can monitor your communications on their network at their pleasure, provided you do not have a reasonable expectation of privacy. If you are presented with a logon banner, stating that you are subject to monitoring, and have a signed usage agreement, then you can be monitored. These logs can be turned over to law enforcement without a warrent - they a the companies propery and they can concent to search.
IANAL - i just had a lecture on this.
That's similar to the US (Score:2)
Wiretaps require a warrant. The warrant can be sealed, and usually is (what good does it do if the person being tapped knows about it?) but they do need a warrant. The NSA, which is the intelligence division that monitors electronic communications, needs no warrants of any kind for anything. HOWEVER, they are limited to foriegn operations only. So they can listen to whatever they can get away with in Canada or anywhere else, but n
Re:Comparison with wiretap (Score:2)
CSIS is not the agency you're looking for... [cse-cst.gc.ca]
Re:Comparison with wiretap (Score:2)
Re:Comparison with wiretap (Score:4, Informative)
CIA does international work.
CSE would be the Canadian equivalent of the CIA
CSIS is the Canadian equivalent of the FBI.
Not many people know about CSE, but they have several buildings in Ottawa.
Re:So the comparison is not a wiretap but phone# (Score:2, Interesting)
No right to privacy (Score:5, Interesting)
Re:No right to privacy (Score:5, Informative)
Keep in mind that Canada, like many other countries, has laws forbidding hate speech. I believe it is still illegal to voice skepticism about the holocaust in Canada.
Re:No right to privacy (Score:3, Informative)
Perhaps that's true if the Constitution is narrowly interpreted. But, Supreme Court precendents have not taken a narrow interpretation. As described on http://www.law.cornell.edu/wex/index.php/Personal_ Autonomy [cornell.edu]
Re:No right to privacy (Score:3, Informative)
Let's also keep in mind the words of the 9th Amendment:
In other words, just because a right didn't make onto the Top Ten List, that doesn't mean it doesn't exist. The writings of the founding fathers were quite clear on this.
Re:No right to privacy (Score:2)
Re:No right to privacy (Score:4, Informative)
That text is pretty awful. Passages like that are what get laws declared unconstitutional in the US. Hate speech certainly does not seem to impede a free and democratic society...
Yes, Canada does have laws against hate speech. The last time I checked, expressing skepticism about the holocaust itself was not hate speech.
Although I don't doubt it has changed, it certainly was a crime at one point. My point stands in response to the OP, that Canada is not the haven of civil liberties it is frequently viewed as.
err, about hate speech... (Score:2)
Err, I hate to go all Godwin on this discussion, but the words "Weimar Republic" spring to mind . . .
Re:No right to privacy (Score:2)
heh (Score:2)
here's a google search sort of along the lines of what you two were looking for. it's not a carefully worded search. the results it comes up with are all completely irrelevant to the discussion. but do you see just how much weight it has somehow added to my arguement?
google-search! [google.ca]
Re:heh (Score:2)
Re:heh (Score:2)
Re:No right to privacy (Score:2)
The first amendment giv
Re:No right to privacy (Score:2)
IANAL (Score:5, Informative)
5. IS A WARRANTLESS SEARCH OR SEIZURE ALWAYS UNREASONABLE? [jibc.bc.ca]
Re:IANAL (Score:2)
The Charter has many such clauses, enough so that as a legal document it's barely worth using as asswipe.
Re:No right to privacy (Score:3, Funny)
Re:No right to privacy (Score:2)
Re:No right to privacy (Score:2)
In the US, privacy is at most a "reasonable expectation" which is far below the status of a "right".
For example, we have the "right to keep and bear arms" as stated in the U.S. Constitution, but there is no explicit right to "privacy".
Re:No right to privacy (Score:2)
The right to privacy also exists in this day as clearly as the right to free practice of religon, or the right to free speech does. There's a post a few rows up that lists a few of the Supreme c
Re:No right to privacy (Score:3, Informative)
The constitution is not-- I repeat-- is not a complete enumeration of the rights of the people. For bog's sake read the damn bill of rights! It's right there, in amendment 9:
There does not need to be an explicit enumeration in the constitut
Re:No right to privacy (Score:2)
> There does not need to be an explicit enumeration in the constitution in order for a right to exist!
Correct. As I said above, we don't enjoy the right to bear arms because of the Constitution. We enjoy that right, and this is stated in the Constitution. I'm not violating the spirit of the 9th ammendment here by saying that privacy isn't a right because it's not in the constitution.
But that's not the end of the
Re:No right to privacy (Score:3, Insightful)
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
That leads to several uncomfortable conclusions, especially for those bent on ex
Non-Confidence Vote Next Week (Score:3, Insightful)
Re:Non-Confidence Vote Next Week (Score:2)
Re:Non-Confidence Vote Next Week (Score:2, Insightful)
Re:Non-Confidence Vote Next Week (Score:2)
and just in case someone believes in a radical right: we have a few nutjob ann coulter wannabes, but they're too fringe to have an impact. our right wing isn't really that bad either.
and about alberta seperating: I can't see it happening any time soon, but as a western canadian, oh how I h
Re:Non-Confidence Vote Next Week (Score:2)
I don't believe that parliamentary democracy, by itself, is a means for achieving an ideal form of government. Rather, it is a system that serves as a sort of 'pressure relief valve', effe
Re:Non-Confidence Vote Next Week (Score:2)
Strangely enough, I was just over at a friend's house. He lives across the street and he's running for the Green party. His girlfriend used to be my roommate. Her comment was "well, I know you're not a conservative, you can't vote for
Re:Non-Confidence Vote Next Week (Score:3, Insightful)
My gut feel is that Martin as Finance minister suspected there might be something shady going on and that it was as much of a reason for him wanting Chretien to leave and give him a chance to clean house as was his own ambition for the job of PM, but Martin was sma
Re:Non-Confidence Vote Next Week (Score:3, Insightful)
That's exactly the same type of argument that Republicans used in the 90's to take control on the U.S. Congress and the White House. "The Democrats are corrupt and we'll bri
Advanced technology. (Score:5, Insightful)
Like gun laws, this is just feel-good rights-restricting bullshit put out by politicians to pander to the idiot masses. Nobody will benefit in the long run.
Re:Advanced technology. (Score:2)
Loads of people have been charged with having kiddie porn on their computer systems in my country (.au) and elsewhere. Some of these people may have heard about encryption but few actually use it.
Encryption is a tech thing. Not generally used by normal people. Or even normal criminals.
Re:Advanced technology. (Score:2)
Re:Advanced technology. (Score:2)
Yes, but the material on their PC's made the case. Same with the recent arrests of terrorists. Some had downloaded bomb making plans and left them floating around on their systems.
Re:Advanced technology. (Score:2)
--dave
Re:Advanced technology. (Score:2)
coincidence? (Score:5, Funny)
C64... evil copyright stuff
C74... insane spying stuff
Re:coincidence? (Score:2, Funny)
Re:coincidence? (Score:4, Funny)
A new america (Score:3, Interesting)
I would have a Constitution that would guarantee the freedome of speech, freedome of thought and would require the citizens to be personally responsible for their lives. Drugs would be legal. There would be no speed limits. There would be no taxes. People could make personal charitable donations to the causes they support and observe their donations being used in a completely transparent way. Everyone would be guaranteed to carry weapons but murderers/rapists would be punished severely and publically.
And in my country, the Constitution would guarantee privacy of individuals and would completely forbid any government system to come to change that. No matter what the reasons for change are: more 'security', more 'protection' etc.
A man can dream.
Re:A new america (Score:4, Insightful)
When people drive, they are also responsible for other people's lives, wether they realise it or not. Hence the speed limits.
Especially if you're gonna have people driving high on coke.
Anyway, go play nationstates [nationstates.net], it's free, and fun for a while.
Re:A new america (Score:3, Interesting)
Check out:
http://www.hawaii.edu/powerkills/20TH.HTM [hawaii.edu]
Given the history of genocide, warefare, and mass-murder commited all around the world by governments, I would say I would rather err on the side of caution when it comes to police states.
oh yeah? (Score:3, Insightful)
Because it doesn't work in reality. A pure libertarian system in reality would be just as flawed as a pure communist system, even though both in theory sound great.
Re:oh yeah? (Score:2, Insightful)
Unless things get so bad that daily life is in the crapper, the cost of violent revolution is too great.
And give
Re:A new america (Score:3, Insightful)
Re:A new america (Score:2)
---
I hate seeing the human world becoming a gigantic ant farm - everyone with a purpose, with the power concentrated in hands of a few, controlling the population. But what can I say, most people don't ever stop to think about this. And those who do, don't act.
Re:A new america (Score:2)
And Now For An Election (Score:2, Interesting)
Re:And Now For An Election (Score:2)
At least we have the 4th amendment (Score:2)
Re:At least we have the 4th amendment (Score:2)
It is not only this legislation, and it is certainly not a phenomenon confined to one country. Sadly, I can think of no truly "shining city upon a hill" where this is not a significant problem -- where such affronts to individual freedom are
Heh, minority government... (Score:3, Interesting)
Be on the lookout for similar "POLICE STATE" laws (Score:2, Insightful)
"One should not allow even a drop of civil rights or human rights to be sacrificed
Re:Be on the lookout for similar "POLICE STATE" la (Score:2)
Re:Be on the lookout for similar "POLICE STATE" la (Score:2, Insightful)
It will never pass. (Score:3, Informative)
While I'll hate the upcoming election, I'll enjoy this law not being passed.
But who wouldn't pass it? (Score:2)
While the bill will die, who of the possible election winners wouldn't cheerfully introduce something similar when law enforcement inevitably lobbies for it again?
Re:It will never pass. (Score:2)
Buhbye!
Chance to have lunch with the Minister Responsible (Score:2, Informative)
Re:Chance to have lunch with the Minister Responsi (Score:2)
you still Movin' to Canada? (Score:2)
All the choices suck! (Score:2)
ttyl
Farrell
Re:All the choices suck! (Score:2)
Scared C-60 won't pass? (Score:3, Interesting)
what are the real reasons behind this? (Score:4, Interesting)
Oh Canada! (Score:4, Funny)
My online spying land!
Telco intercept at CSIS's command
With packet sniff and account info
The True North now South and "free"
From net and mobe,
Oh Canada, we foil(*) our heads for thee.
ISAKMP our tunnels to the free(**)
Oh Canada, we foil our heads for thee
Oh Canada, we foil our heads for thee!
----
*
a) Tin Foil - Aluminum Foil [mit.edu] has been shown not to work.
**
a) Patch to avoid DOS [theinquirer.net]
b) Avoid tunneling to the US [epic.org] or China [opennetinitiative.net] both have stronger anti-communication laws
Canadian Government Information Site [psepc-sppcc.gc.ca]
So much music... (Score:2)
Fear is King (Score:3, Insightful)
This can all be resisted (Score:5, Interesting)
But in the end, none of it will ever work without your consent. All people have to do, is Just Say No, and the powers that be will be totally fucked, unless they crack down so hard (pretty much outlaw all encryption) that the side-effects will be unacceptable to everyone -- and thus it won't be doable. We can stop this shit forever (assuming lack of certain breakthroughs) if we can just get non-nerds interested enough to create the network effects and critical mass.
Tap my communications, and maybe you can learn a bit from traffic analysis, but you won't know what I'm saying if you can't crack the ciphers. And maybe you can compromise me if you focus on me, just as you can compromise a criminal when you're willing to get a warrant and break into his home and install a bug. But they can't do that to all 5 or 6 billion of us. With encryption, we can deny them the capacity to install a massive driftnet to fish for dirt on everybody.
And the way to do this, is to decentralize control and encrypt. Your telecom provider is required to install a backdoor and let people spy on you without your knowledge? Well, that doesn't work if you are your own telecom provider -- what are they going to say: "don't tell yourself"? Anything over a public net has to be encrypted. Make the endpoints be the only viable intercept points.
It will impede organized criminals, it will impede nosey sysops, it will impede crackers who compromise the in-between systems that you currently blindly trust, it will impede the unethical marketing division of your communication providers, and yes, it will impede law enforcement. But even if you're a diehard statist and insist that Big Brother has the right to watch us, do we not still have a right to be protected against all the Little Brothers? You can't have it both ways -- you can't give the good guys this power and keep it away from the bad guys. That is not possible. So pick your poison: a free society where Bad Guys have privacy too, or one where we always feel like maybe we're being watched, not by one benevolent eye, but many who unlike government, don't even operate under the pretense of serving our interests.
Re:This can all be resisted (Score:3, Informative)
Minority government (Score:3, Insightful)
Therefore in an attempt to stall said oposition and force them into election the Gvt has presented many incomplete bills today knowing that none of them will have a chance to pass.
Sorry but nothing to see here, maybe next year.
that's it! (Score:3, Funny)
Intro to non-geeks (Score:3, Informative)
Bill C-74 was introduced November 15th: Whereas a wiretap requires a warrant this new law would force an Internet Service Provider (ISP) to intercept communications from customers and hand over customer lists with a simple letter from a law enforcement official. Any future software deployed by the ISP would have to have a back door, which includes internet telephony.
Alerted by legal scholar Michal Geist's writing on the subject, [michaelgeist.ca] the tech-nerds are calling for resistance including providing end-to-end encryption (see slashdot [slashdot.org]).
The techies realize that criminals will encrypt their communication- at least those most dangerous to national security. Those that remain are the petty criminals and civilians who won't know how to protect their privacy. The public won't be more secure, but we will have more surveillance; the panopticon culture grows.
For new software, any ISP will have to choose the version most suited to increase its snooping capacities, even if they have to acquire additional licenses or communication facilities. To put it plainly: when they start offering VoIP (Voice over Internet protocol) services, ISPs will have to allow tapping without a warrant. Additional costs have to be swallowed by the ISP.
What is perhaps most pernicious in the economic sense isn't that these compliance costs will be passed on- it is that innovation will be stifled. Right now a small VoIP player could get started on ridiculously small amounts of capital. The effect of these regulations will be to protect oligopolies.
Ironically, as the new technologies have be designed for ease of surveillance, crackers (criminal or black-hat hackers) will likely be able to leverage these back doors to their ends. Stalking, industrial espionage and snooping for blackmail or identity theft material all become more likely. Making surveillance easy for the RCMP and CSIS could make it trivial for criminals, even terrorists to get to sensitive information.
Here's to hoping the NDP will firmly trash this nonsense. Or do we trust those that film us at every peace demonstration (and happily send off immigrants back to their countries of origin for questioning) with more surveillance power?
Typical fallacy (Score:3, Insightful)
Yeah right. Maybe you guys mean that Communism can never reach Marxism because Marxism is impossible to be enforced without a totalitarian government?
Re:Typical fallacy (Score:2)
In any human you will find both the desire to rebel against conformity and the desire to conform. A single ideology will never work for all people but that does not stop meglomaniacs trying to force others to conform to their theorectical nirvana (eg: Iraq, Tibet).
Re: Typical fallacy (Score:2)
Think about the logic there. According to your claim, only totalitarian states can truly achieve communism. Thus, the states that fail to achieve communism would tend to have other forms of government. But the opposite is true: failed attempts at communism tend to have totalitarian governments. It seems far more likely that a totalitarian government is an impediment t
promote the general Welfare (Score:2)
Let's say the government gives out $500,000 in tax breaks and other benefits to a new business. Then, over time, the business pays back millions back in taxes. Seems like a good move. Promotes the general welfare, right?
But, what people fail to take into account is the psychology of the whole system: when 50% of income goes to the government, and w
There's a name for that kind of view (Score:2)
One problem, just as a start, is what about the common good? So my individual right to self-determin
Re:Where's the Canada bashing? (Score:3, Insightful)