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Re: Lawful Access articles - collection
Online Spying Bill: Privacy Czar Tries To Broker Internet Surveillance Compromise
The federal privacy watchdog is trying to help the Conservative government find a compromise in its contentious bid to bolster Internet surveillance powers.
A blueprint solicited by the privacy commissioner's office proposes new procedures to give police and spies key information about Internet users while retaining the principle of judicial oversight, a memo obtained under the Access to Information Act shows.....
The federal legislation would allow police, intelligence and Competition Bureau officers access to Internet subscriber information including name, address, telephone number, email address and Internet protocol address without a warrant. An IP address is the numeric label assigned to a computer on the Internet.
Currently, release of such data, held by Internet service providers, is voluntary.
Hell, the government doesn't need C-30 .... they can get the information by simply claiming a copyright violation just like Voltage has done. Presto, chango, hand over the information right f!cking now.
Privacy watchdog seeking compromise for Tories Internet surveillance bill
....Benyekhlef, a former federal prosecutor who is now director of the universitys Centre de Recherche en Droit Public, concludes that the federal bill is inconsistent with the Charter of Rights because it allows warrantless access to subscriber information.
There is tradition in Canadian law that the state must have a warrant before exercising its search or seizure powers, Benyekhlef said in an interview.
He proposes a five-step process in which the authorities would first apply to a court for an order seeking subscriber data. This could be done in person, by paper or on the phone.
A judge or justice of the peace would review the application to ensure it sets out reasonable suspicion that the Criminal Code or other federal law has been breached and that the information sought relates to the alleged offence.
If the application conditions are met, a signed order would be provided to the investigator, who could then present it to the legal division of an Internet provider. The provider would then be required to hand the investigator the data and maintain a record of the transaction.
The privacy commissioners analysis of the proposal points out its similarity to the production order powers currently available to authorities seeking financial and commercial information, in place since 2004.
My concern is that so far there has been no discussion of monitoring ANY system such as this proposal, or indeed any other, for serious or systemic abuses by the Feds, law enforcement, or a too cozy relationship with any judge or JP. There needs to be some sort of 'sunlight' clause in any legislation which permits the public/newspapers/etc... to see what is going on, and who is doing it, and how often, and for what types of cases.
In fact, I see the option of including Justices of the Peace as warrant issuing authorities as problematic. I would want the warrant issuance limited to judges.
I would also expect ISP's to 'man-up' and post monthly stats on their own web sites as to the number of warrant (or without warrant) disclosures of customer information, by province, and maybe by city - so we can have a view into the frequency & locations of such requests.