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Canadian ISPs Could Take On Big Brother Role

QGambit writes: "C|Net is reporting that the Canadian Government is considering a proposal that would force ISPs to keep logs of web browsing for up to 6 months, allow police to get search warrants allowing them to find 'hidden electronic and digital devices' and ban the possession of computer viruses. Canada and the U.S. have both endorsed this proposal, contained in a cybercrime treaty of the Council of Europe. Both countries are non-voting members of the Council. George Radwanski, Canada's privacy commissioner has not yet commented on the proposal."

87 of 282 comments (clear)

  1. Ban possession of computer viruses? by AMuse · · Score: 5, Insightful

    I'm pretty sure the majority of people who are "in possession" of computer virii would rather not be, if only windows would stop executing them.

    In all seriousness, though, how can you ban the possession of something that can be pretty much invisibly placed in your property?

    1. Re:Ban possession of computer viruses? by Pfhor · · Score: 4, Interesting

      I think the idea is to add to their list of possible violations to write someone up for.

      They do a bust at a "warez site" and could then slap more charges against them. Or to take down some grey hat security site. More rules to hit people with.

    2. Re:Ban possession of computer viruses? by Reziac · · Score: 2

      And just imagine the fun they could have with targeted email viruses...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Ban possession of computer viruses? by Gaccm · · Score: 2

      the article didn't actually say it, but i bet they meant virus makers. Most people get viruses through ignorance, not malice, so it would be unlikely that they meant any random person. However, if they find source code for a virus i'm sure that person is screwed (unless they have a legit reason for having it, and i doubt learning counts as one.)

      --

      Only dead fish swim with the stream...
    4. Re:Ban possession of computer viruses? by Stephen+Samuel · · Score: 2
      Criminal liability requires intent. If I got a virus accidently, and I am doing my best to get rid of it, then the intent does not exist, and probably couldn't be proved. On the other hand, being complacent about the existence of an active virus/worm on my system could lead to charges because I did nothing to get rid of it once I knew it was there. (along the lines of criminal negligence).

      Long live Big Brother???

      --
      Free Software: Like love, it grows best when given away.
    5. Re:Ban possession of computer viruses? by brooks_talley · · Score: 2

      Are you kidding? This is a fantastic idea.

      For their next trick, I propose they ban possession of the common cold, cancerous cells, and bad breath. Voila! A healthy populace.

      It's so heartwarming to see bureaucracy in action... and all for our own good!

      Cheers
      -b

    6. Re:Ban possession of computer viruses? by flonker · · Score: 3, Funny

      Oh great, and I thought Norton's "Quarantine" was a good thing.

    7. Re:Ban possession of computer viruses? by JWW · · Score: 2

      A mayor in the France actually banned dying in his city.

      Only one person has broken the ban.

      I think he actually has a sense of humor and is using this to get across his point regarding a need for more cemetaries, but he did "ban" dying.

    8. Re:Ban possession of computer viruses? by walt-sjc · · Score: 2

      Worse than that. You could have a crowbar in the back seat of your car. Get pulled over and be busted for possession of "burglary tools."

    9. Re:Ban possession of computer viruses? by PurpleFloyd · · Score: 2
      In most states, the mere posession of "burglary tools" does not constitute a crime. The "burglary tools" crime consists of using those tools while commiting a burglary. Essentially, the parent poster's idea is correct.

      Note that I am not a lawyer; this is not legal advice. If you need legal advice, look under "Lawyers" or "Attorneys" in your phone book to find a lawyer in your jurisdiction.

      --

      That's it. I'm no longer part of Team Sanity.
  2. why?! by klparrot · · Score: 2, Interesting
    Okay, I think it's scary that I'm becoming so used to these new crackdowns on my online rights that I don't even think about why they're doing it; I just accept that they're trying yet again to control things they have no business in.

    So, here's the question. Why do they need to keep logs of web page accesses?

    1. Re:why?! by KillerCow · · Score: 2, Informative

      So, here's the question. Why do they need to keep logs of web page accesses?

      From the article:
      "Canadian officials say such laws are necessary to fight terrorism and combat even run-of-the-mill crimes. They also claim that by enacting these proposals, Canada will be following its obligations under the Council of Europe's cybercrime treaty, which the country is in the process of considering."

      As a side note:
      "[would] authorize police to order Internet providers to retain logs of all Web browsing for up to six months. . . . In most circumstances, a court order would be required for government agents to conduct Internet monitoring."

    2. Re:why?! by plierhead · · Score: 3, Insightful

      Whine, whine...oooh, they're spying on me again !!

      So whats the big difference between this and the logs of your phone calls that get tracked right now ? They even get used for good - crimes get solved, missing people's last movements can be determined, terrorists located, etc, by appropriate use of phone call records. This seems pretty much the same to me, albeit on a more detailed scale.

      For frig's sake, you live in a democracy, not a perfect system but the best known to man after many centuries of trying. Don't assume that everyone in power is corrupt and that all such record keeping is evil. It might actually be useful to track down terrorist fucktards for example. You don't hear people bleating about Telcos keeping call records.

      And before trotting out the lame old slashdot mantra about how people can just surf anonymously or whatever - YES ! Thats the beauty of it ! If you're clever enough to surf anonymously then do it and this needn't bother you. Its there to help catch the stupid or technically challenged criminal, not the slashdotter and certainly not Dr. Evil either.

      --

      [x] auto-moderate all posts by this user as insightful

    3. Re:why?! by antirename · · Score: 2

      No, if you are a budding doctor evil or a guy who cares about his privacy, they only have one site to look at... proxy servers, anyone? How hard is it to find those? Now look at the CDC's latest in obfuscation for those in repressed nations... Tick Tock big brother, someone is watching YOU :)

    4. Re:why?! by lommer · · Score: 5, Insightful

      I must state outright that I agree with the poster to whom you are replying. As I am a Canadian, when I first read this, I almost immediately fired off an email to la-al@justice.gc.ca (the privacy commissioner's office) stating that I was against the act. However, before I did this, I took the time to find the full text and I am very glad that I did.

      First of all, this is a proposal. Just that. Nothing more. It is a suggestion that the Canadian Government look into the issue of passing and Act or Statute which will enable the lawful interception of computer data, in conjunction with the EU convention.

      Furthermore, as I read the proposal, I realized that most of it made sense and that I agreed with it. It clearly mentioned in the preamble the Charter of Rights and Freedoms and its intent to uphold it. I was actually surprised to find that the documents authors' held true to their word: after every major section or point that they make in the document, there is a section entitled "Issues to be Considered" in which they outline every single one of the privacy concerns that had come to my mind while reading the above section.

      As well, all the way through the document, considerable effort was made to insure that due process (namely search warrants) would have to be undertaken before any of these searches could be undertaken.

      In all I was quite pleased at how the document was presented, but one item piqued my interest. When reading the subject regarding "Interception of Email" (which btw, dealt as much with criminal's interception of email as it did with law enforcement's) I was initially disturbed to find that previous, already passed legislation had determined that only oral conversations can be considered "extremely private". All letters, bothe written and electronic, are considered to be "private". This means that one only needs a standard search warrant to lawfully intercept these communications whereas to intercept oral communications, a police officer must present extra evidence to obtain a warrant. However, on reflection I think this seems reasonable.

      I would now finally like to reply to your direct question by asking you another one: could you not think of ways in which internet logs could possibly be useful in a criminal investigation? Keep in mind this may also include times once a person has already been arrested and the crown is building evidence against them.

    5. Re:why?! by MeNeXT · · Score: 2
      I read the document and I do not agree with you. This is like demanding every store/business/homes install camaras and microphones. Demanding that these stores/business/homes keep 6 months worth of history in case some one commits a crime.


      If you suspect me of being a terrorist go ahead get a search warrant. It has happened time after time that this information has been abused for the profit of criminals/police/money.


      If you have and acussation to make do it... If not keep off/out. It's not your business.

      --
      DRM? No thanks, I'll just get it somewhere else...
    6. Re:why?! by walt-sjc · · Score: 2

      only oral conversations can be considered "extremely private".

      I guess you are just fucked if you are deaf and need to communicate via non-verbal communications methods.

      Sorry, but distinctions on person to person communications based on the type of communications is WRONG. IM type applications should be just as protected. Keep in mind that some IM systems allow voice chat in addition to text. Of course, modems don't work well for voice, so people without access to high-speed connections are at a disadvantage as far as their rights to privacy goes.

      could you not think of ways in which internet logs could possibly be useful in a criminal investigation?

      There is no question that log files can be useful in criminal investigations. There is also no question that if we made searches and wiretaps legal without a warrent, that we would catch more criminals. Hell, we should just do roadblocks on all major roads, bug everyone's bedrooms, put spycams in all bathrooms, stripsearch all people leaving stores, etc. JUST IN CASE something illegal may have happened. When E911 goes active, better make sure you keep a record of the location of every cell phone for 6 months just in case it could be useful in a future investigation. Just think of all the missing children we could find with that!

      The technology available today allows governments and others to basically monitor all communications, movements, activities, buying habits, etc. of everyone. Let's just scrap any illusion of privacy and freedom and implant a device into every person that monitors everything they hear, see, and tracks their location. We are basically doing that anyway via external mechanisms. Let's go one step further and analyze behavior of children and throw the ones with a propensity for criminal behavior (based on standardized testing and observations by teachers) straight into jail and that way we will prevent crime from happening in the first place.

      Yeah, that seems way over the top, but we are getting there step by step. The government cannot be trusted to implement limits on itself. It never has in the past, and never will in the future. It's up to use to say "Enough is Enough."

      Why is it that so many seem to forget all the lessons that history teaches us?

  3. This is probably illegal by Retief65 · · Score: 5, Informative

    Such an initiative would likely be subject to a challenge under the Charter of Rights and Freedoms, so much so that it would likely not be introduced in the first place. Endorsing a foreign initiative is not the same as legislating a domestic one, and I think Canadians believe that sufficient personal freedom has been traded for security. Besides, like this would stop evildoers who know how to surf untraceably.

    1. Re:This is probably illegal by KillerCow · · Score: 4, Interesting

      Charter of Rights and Freedoms. Which section does it violate? Section 8: "Everyone has the right to be secure against unreasonable search or seizure." is the only thing that comes close. I don't know if data retention counts as unreasonable search and seizure. And you will note that Section 33 (a/k/a "the notwithstanding clause") can exclude section 8, but I doubt that they would try to use it for this garbage proposal.

    2. Re:This is probably illegal by Mashiki · · Score: 3, Interesting

      Do you truely think so? Ever wonder why books are still seized at the border for some sex shop in quebec? Wonder why the CRTC told cable and satillite providers that they must block out american TV and commericals and replace them with canadian content? Does that not also go against the charter of rights and freedoms?

      The wool has ever so nicely been pulled over the eyes of canadians. If the goverment disagrees with what your doing your nailed, the newspapers and TV channels are owned by what two? three people? There is no freedom in having all the same things on all the channels.

      Now they support the idea to log every place you visit? Sounds like china to me, how long before we get our own "Great Firewall of Canada" that changes the content? Or blocks it because it goes against what the goverment is telling the people.

      Think...and you'll see that were already waist deep in shit, and slowly drowning. And unless we find a branch, were all screwed.

      --
      Om, nomnomnom...
    3. Re:This is probably illegal by Kwikymart · · Score: 2

      2. Everyone has the following fundamental freedoms:
      ...
      (b) freedom of thought, belief, opinion and expression, including freedom of the press and other means of communication.


      Well, on the point about viruses, I certainly think it would be illegal to restrict people from collecting or creating them. The logic contained within in a virus definitely falls under expression / communication points in the Charter of Rights and Freedoms. Should the possesion of information without the intent to use it illegally (by current standards, that is) be illegal? I say no! This isn't the same thing as preaching "hate speech" (afaik, is illegal in Canada). There is no "balancing of rights" involved. All programs are a form of discrete mathematics, and mathematics is in my books an artform. The freedom and creativity involved in writing a program is infinite and the people who right viruses can be very crafty.

      A tool that can be used for evil but at the same time expressing protected speech is drastically two sided and most people don't understand the "other" side. It shoud be illegal to distribute viruses with the intent to cause harm. Making it illegal to knowingly store a virus is fucking nutz.

      I sure hope that there is a court challenge soon in Canada (even in the US or the EU would have a great effect here) that finally sets the record straight and establishes programming as a protected form of speech. Too bad politicians are more concerned with enroaching on our rights for the sake of fighting terrorism to actually keep up with the times (instead of fighting things they don't understand).

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
    4. Re:This is probably illegal by legoboy · · Score: 2
      Recently he quashed the RCMP's attempts to use general surveillance cameras in parts of BC, a practice which is commonplace in many other parts of the world.

      No he didn't. He tried to, but now the Kelowna RCMP are being lame and following the letter of the law albeit not the spirit.

      They have the cameras on 24/7, with the exception of five minutes each day, and there isn't a damn thing that those of us who oppose it can do about it.

      --
      If a tree falls on an anonymous coward yelling 'first post' in the forest, does anybody hear?
  4. 1984 all over again... by Teknogeek · · Score: 4, Interesting

    We are keeping Internet logs.
    (We are at war with Eurasia.)

    We have always kept Internet logs.
    (We have always been at war with Eurasia.)

    Ignorance Is Strength? Maybe.

    But who is made the stronger through ignorance?

    --
    I mod down anyone who uses M$ in their posts. I like to live on the edge.
    1. Re:1984 all over again... by aardvarkjoe · · Score: 2
      Most of the 1984 world depends on the newspeak and doublethink concepts that Orwell introduces -- neither of which is at all realistic. Also, the world has been progressively moving away from the "reign by terror" that is described in 1984 -- compare governments today, 25 years ago, 50 years ago, 100 years ago, and you'll find that, in many respects, we're moving (slowly) away from, rather than towards the world he envisioned.


      Sure you can find points of comparison. You could find such things in any novel that attempts to describe the future. But that doesn't mean that, every time you can find a parallel, that it's automatically time to scream about Big Brother and doublethink. A few correct predictions (or observations) doesn't make the whole thing correct or even insightful.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    2. Re:1984 all over again... by aardvarkjoe · · Score: 2
      The examples you give are very far removed from the newspeak/doublethink of Orwell. Propaganda is nothing new, however, it's not what 1984 was about. If you read the essay about newspeak, the premise was that thoughts are completely reliant on words. As Steven Pinker says in The Language Instinct: "The idea that thought is the same as language is an example of what can be called a conventional absurdity: a statement that goes against all common sense but that everyone believes..." Doublethink is similar. Both of them do take real, human traits, but stretch them to such extremes that they become simply fantasy. That's why Orwell's book is not particularily relevant.



      Finally, as someone who (at least I believe) is in control of my opinions and mental facilities; the claim that the "war on terror" and attack on Iraq is doublethink is an ad hominim attack on those who support them, not a proof of Orwell's vision. There are reasonable arguments for both sides, and an attempt to discredit the other side by comparing them to "Big Brother" rather than addressing their concerns does nothing to improve your argument.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  5. As the War on Spam Heats Up... by RevDobbs · · Score: 2
    Canadian Association of Chiefs of Police recommends "the establishment of a national database" with personal information about all Canadian Internet users. "The implementation of such a database would presuppose that service providers are compelled to provide accurate and current information," the draft says.

    Well, dammit, if they want to violate my privacy on the Turnpike and at the airport, they may as well do something to eliminate spam, too.

  6. Re:Ban possession of viruses? by Bonker · · Score: 4, Insightful

    Uhm... that's pretty stupid. It's like banning medical doctors from studying real viruses and bacteria.

    If you don't know how your enemies weapons work, how can you possibly defend against them?

    I, for one, hope that they *Do* institute this restriction... and then squirm and cry as they realize that they've closed themselves off to a huge section of tech development.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
  7. Harsh. by Dunhausen · · Score: 2, Funny

    and ban the possession of computer viruses.



    So no more Windows?
    --
    Anyone who cannot cope with mathematics is not fully human. At best he is a tolerable subhuman who has learned to we
  8. Here's a conversation bound to happen... by GoatPigSheep · · Score: 4, Funny

    Canadian police agent: Sir, I found something very disturbing in this person's web history!

    Canadian detective: Alright let me see it...

    Canadian police agent: One second, here it is...

    Canadian detective: My god what is that! is that man tearing open his own a.....

    Canadian police agent: he followed this link from a site known as Slashdot.org sir!

    --
    GoatPigSheep, the 3 most important food groups
    1. Re:Here's a conversation bound to happen... by RebelTycoon · · Score: 4, Funny

      Americans.. Please don't immitate us... This is what it should have said...

      Canadian police agent: Sir, I found something very disturbing in this person's web history!

      Canadian detective: Alright let me see it...

      Canadian police agent: One second eh, here it is...

      Canadian detective: My god what is that! eh is that man tearing open his own a.....

      Canadian police agent: eh he followed this link from a site known as Slashdot.org sir!

      You also left out references to beer, sex with moose and beavers, hockey, and beer!

    2. Re:Here's a conversation bound to happen... by iplayfast · · Score: 3, Funny

      You can't be Canadian, your eh's are in the wrong places.

      Canadian police agent: Sir, I found something very disturbing in this person's web history.Eh?

      Canadian detective: Hokay eh? let me see it...

      Canadian police agent: One second hoser, here it is.

      Canadian detective: My god what is that eh?! is that man tearing open his own a.....

      Canadian police agent: He followed this link from a site known as Slashdot.org eh?

      The rest of the conversation would have to do with how much we are taxed, and how different we are then the Americans.

  9. it's all about the pr0n by sploreg · · Score: 4, Insightful

    It could be a good idea for tracking down all those little script kiddies and real hackers that are out there to do harm, intentional or unintentional. But I know most of us don't want the RCMP being able to look and see what we have been doing on the web, especially if it relates to porn. Cause that is the only thing that is embarrassing. If they had a filter, of some magical sort, that would filter out all the porn transfers and keep everything else in the log, most of us would be ok with them keeping records of our internet use. Porn consumption is something everyone does and doesn't want anyone else to find out about. I know I have nothing else to hide but porn.

  10. My path is clear by Zone5 · · Score: 4, Interesting

    I guess it's pretty obvious, I need to set up as many old crufty computers as I can on my home network, and set them to relentlessly spider across the whole damn web. A few automated processes on a 3 megabit pipe ought to generate some pretty nifty monthly logs.

    If the goverment is gonna search through my web-surfing logs, they're gonna at least have a hell of a hard time finding anything incriminating among all that pr0n! Nosy bastards, that'll teach them. If I feel particularly vicious I'll set one or two to recursively spider through Celine Dion's website. They'll go blind before they hit any good stuff.

    --
    "So on one hand, honey is an amazingly sophisticated and efficient food source. On the other hand it's bee backwash."
  11. Re:Ban possession of viruses? by SageLikeFool · · Score: 2, Insightful

    Also: Who decides if it is a virus? Would that include trojan horses? Computer virii are kind of like guns. I may personally hate both (especially guns), but how can you make one illegal without doing the same to other?

  12. oh no! by cavegrub · · Score: 2, Insightful

    If the discussion draft were to become law, it would outlaw the possession of computer viruses, authorize police to order Internet providers to retain logs of all Web browsing for up to six months, and permit police to obtain a search warrant allowing them to find "hidden electronic and digital devices" that a suspect might be concealing.

    Oh no! My BE-300 might become illgeal (and not for the valid reason of Casio shipping it with Windows CE 3.0.)

    Seriously though, I doubt that any action will come of this in Canadian government. Speaking as a Canadian, hardly anything gets done nationally - if anything, the provincial government takes on a liberal or extremist form and enforces/creates what they want to.

    Arguing that more and more communications take place in electronic form, Canadian officials say such laws are necessary to fight terrorism and combat even run-of-the-mill crimes.

    I can say that monitoring gas stations for criminals is necessary, as the majority of criminals use cars. Besides, other things are necessary to fight terrorism and crimes, including proper funding for education and other non-invasive things.

    The article does point out some truth; Canadian use of wireless and mobile electronics is significant and any database or cyberpolice created would kill anonimity. However, I feel that the average user (here, at least) is aware of the fragility of their situation, both with issues such as this (to 'prevent terrorism') and others, such as the DMCA and RIAA.

  13. Requirement to Keep Logs? I Guess This May Happen: by idonotexist · · Score: 2

    "CNN is reporting that the Canadian Government is considering a proposal that would force all convenience stores, transportation departments, department stores, ATM vendors, banks, owners of parking lots, institutions of public education, government offices, operators of sporting events, mass transit operators, and others to keep video tapes of the activities of others for up to 6 months, allow police to get search warrants allowing them to find 'bad things' and ban the possession of 'bad things.' Canada and the U.S. have both endorsed this proposal."

    --
    "There ought to be limits to freedom"
  14. If Required in The U.S, Would Gov't Have to Pay? by idonotexist · · Score: 2

    Wouldn't the law require the government to reimburse companies for the storage and equipment costs associated with such a mandate? I remember reading something once that the government could borrow or utilize property under certain circumstances and, in doing so, the government is required to provide compensation. I don't see how the same rule wouldn't apply to a circumstance merely because it involves technology.

    --
    "There ought to be limits to freedom"
  15. This doesn't seem right by Zakabog · · Score: 5, Insightful

    Arguing that more and more communications take place in electronic form, Canadian officials say such laws are necessary to fight terrorism and combat even run-of-the-mill crimes.

    Isn't it great how taking away basic rights can be justified by "We're doing it to stop terrorism." I don't see how taking away the rights of millions of people (and pissing alot of them off) will STOP terrorism. I do see how it could lead to more terrorism, by people from within the country.

    If the discussion draft were to become law, it would outlaw the possession of computer viruses, authorize police to order Internet providers to retain logs of all Web browsing for up to six months, and permit police to obtain a search warrant allowing them to find "hidden electronic and digital devices" that a suspect might be concealing.

    How do you even enforce that? How will they know if I poses a virus or not? How do you tell the difference between posessing a virus and being infected by one? If they have logs of all web browsing for up to six months what does that include? I'm pretty sure that the police need to ask the ISP for the logging to start on a particular user (they can't keep 6 months logs for everyone's web usage), but what would count as web usage? Will they be able to log my FTP usage and see all the unencrypted passwords?

    1. Re:This doesn't seem right by Reziac · · Score: 2

      And what about collections of viruses that many of us keep, for the sole purpose of testing the adequacy and accuracy of current virus scanners??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:This doesn't seem right by tomhudson · · Score: 2
      Storing just the URL won't do, as you could plead that what the page said two weeks ago isn't the same as what it says now.

  16. My thoughts: by Sj0 · · Score: 2

    I'd call this uneconomical. I've seen the records for one user for one year, and they take up megabytes of space for just that user. I can imagine a business with hundreds of customers, or even thousands. Furthermore, the ease of avoiding detection definitely makes this useless. Who cares if the feds have millions of packets labelled with the destination proxy.dude-on-a-t3.ca I'd also say that "possession of a computer virus" is a terrible thing to make a crime. Guess what? I possessed a computer virus on an old unpatched server until Norton caught it this morning! I didn't even put it there.

    On that note, does anybody know if there's a canadian version of slashdot? Not necessarily the same thing, but some tech site which chronicles tech rights and such in Canada? Reading about the states is truly depressing, but I can do something in Canada.

    --
    It's been a long time.
    1. Re:My thoughts: by Dexx · · Score: 3, Informative

      I've studied computer security in Canada and that involved discussing with the police what's involved with their investigations into IT crimes. In most of the cases, they can't really do much due to lack of resources and manpower. Logs would really help them out a lot in terms of tracking things down and trying to build cases. Our class was told that if we're working for a coproration and we're attacked, they can't really do much for us - the best thing we can do is use our logs to track down the attacker's ISP and deal with them directly.

      I also now work for a Canadian ISP, so I've got a general idea as to how likely this is and how soon it'll be implemented...

      --
      Feel the fear and do it anyway.
    2. Re:My thoughts: by Sj0 · · Score: 2

      uneconomical is a word. unpossible is not.

      --
      It's been a long time.
  17. Write! by Earthling · · Score: 4, Insightful

    As surprising as it can be for our friendly southern neighbours, this consultation isn't simply a formality for an already decided soon-to-become law. They put out this document as a point of departure for discussion on modernising Canada's laws with regard to the recent advances in telecommunications. This isn't the official stance of the government, it's a "well, we'd like to achieve such-and-such, and here's a possible way we could do it, waddayathink?" And here comes the really shocking part, they *really* do care about what we think.

    Admittedly, I've never participated in a Department of Justice consultation before, but I've been quite active in the CRTC (Canadian Radio-television and Telecommunications Commission) public proceedings regarding the telecommunication industry (phone companies) and boy, did that restore my faith in the democratic institutions of Canada. What struck me as the most insane (in a good way) was that our voice as simple citizens was treated with the same importance as was BCE's (Bell Canada Enterprises) President! Several of my comments were even highlighted by the commission in it's final regulation proposal documents.

    So don't panic, don't wine on /. that everything is going to hell in a hand basket, open your favourite mail reader and write to la-al@justice.gc.ca telling them why this proposal is a bad idea *and* what we should be doing instead.

    That's what I'm gonna do. Will you?

    --

    -Earthling
    "I'm sorry, I had to; the irony was just too thick."
    1. Re:Write! by Bishop · · Score: 5, Insightful

      Before you write, read. Read the whole discuss paper. The paper covers many different areas not covered in the news article. Some parts, such as the intercept proposals, aren't acceptable. Other parts of the paper make a lot of sense.

      For example read the section on Interception of Email. The gist of this section is that email interception can and has fallen under two conflicting sections of the Criminal Code. In some cases a judge ruled that the email was a private communication and subject to those laws. In another case a judge ruled that email was subject to the less onerous search and seizure laws. The criminal code is not clear on the matter. So the discussion paper simply asks 3 questions:

      * should there be a specific provision in the Criminal Code in relation to how an e-mail should be acquired?

      * if such a provision should be included, what kind of procedural safeguards should be imposed?

      * should the type of order to be obtained in order to acquire an e-mail vary depending on the stage of the communication or delivery process?

      These are three important questions! How do you want your email protected under the Criminal Code and the Charter of Rights and Freedoms? The Dept of Justice is asking for your inpupt on these and other important questions regarding your privacy.

      Read the whole paper and send send in your opinions. You do not need to comment on all sections. Specify which section your comments reference. Be clear. Check your spelling (unlike me). Check your grammar. Reread what your wrote. Wait a day after writeing before sending (from some sober second thought).

  18. User tracking is more than an annoyance for ISPs by Tajarix · · Score: 5, Insightful

    As an admin (like so many of you) for a small to medium sized regional ISP, I'd like to throw out some numbers here to give some people the idea of why ISPs monitoring users for very long is generally massively irritating to try to manage. For e-mail tracking (as merely my humble example), let's look in our example at an SMTP (not even counting POP, here) server which processes about 60k messages per day. We don't use unusually verbose logging, and we generally keep 24 hours of logs on rotation. Each 24 hours varies from about 120-200 MB. Okay, the math is easy enough to do. Let's monitor all e-mail transactions for 6 months (using the more conservative 120 MB figure): 120 x 7 x 4 x 6 = about 20.2 GB. That's not too bad in terms of our MP3 and DivX collections, but text logs? Yuck! I don't want to keep 20 gigs of logs on my server! If anyone comes to me (from an authority of some sort) and asks for logs that old, I have no problems givng them the explanation, "Sorry, we rotated them out. Buy me a new SCSI hard disk and pay us for the time to install it on our box, then we'll talk about old logs."

  19. This is absolutely Disgusting. by euxneks · · Score: 2

    I am seriously concerned about the state of affairs everywhere. Noone would have ever even thought about doing this before 9/11. Every time something like this pops up, they say it's for my own safety? To protect me from terrorists that may use the internet as a tool to send messages to each other? That is utter bullshit. EVERYONE IS NOT A TERRORIST OR A CRIMINAL!! Whatever happened to "considered innocent until proven guilty"? Is everyone in Canada a suspect for a crime now? Everyone who has an internet connection should be worried about what type of precedent this sets. Even though I recognize that the events of 9/11 and other terrorism acts are truly atrocious, I cannot help but think that simple civil liberties are being abandoned for the sake of "safety".

    What good is safety if I have no freedom to enjoy it?

    --
    in girum imus nocte et consumimur igni
    1. Re:This is absolutely Disgusting. by WildBeast · · Score: 2

      Actually they wanna make you believe that it's because of the whole 9/11 thing. But the truth is that our Canadian government is making immigration laws and student visas a lot easier now that it's harder in the US. In short, the government will do anything that gives it more money and/or more power.

  20. Oh man... I'm sorry... by tcc · · Score: 2

    I'm sorry for saying "wow, I'm so glad I am living in Canada when I see all the stupidity that Bush and his corporate cartel is pulling...." Seems like I should have kept my mouth shut.

    Still, I'm surprised at this... I never thought I'd see this coming HERE in canada. Our prime minister is a Wanna-be, acts like one, and about everyone with common sense in Canada is often ashamed of him when he's doing public display. He wanted Canada to follow the war on afghanistan with united states to be in Bush's good will, just like that little guy trying to hang with the school's bully, while I understand this behaviour (and it was funny because our military here is such a joke. Not the soldiers themselves, but the vehicles are such a mess and almost a shame to drive/fly), ANYWAYS, that type of following is understandable (and for those who opposed, it's stille excusable in some perspective)

    but if that kind of blattantly syping CRAP goes through, we might as well adopt the US dollar, adopt US legislation, give them 1/2 of our land in return to clear our debt and let them dump their waste here, and while at it, let them clear-cut our forrests so that there are no more Wood disputes with crazy duty taxes at the borders. I won't feel like I am in Canada anymore, sheesh... I can't beleive that only European countries are not dumb enough to be dictated by a few people and especially from other countries... Not that I hate the US, but I sure wouldn't want to live there as long as Bush is running the Country, I'd rather have a monkey with a water pistol as a president, than a monkey with a uzi.

    --
    --- Metamoderating abusive downgraders since my 300th post.
    1. Re:Oh man... I'm sorry... by WildBeast · · Score: 2

      What does Chretien have to do with this? Sure he's got a little part to play, but that means that most other politicians in here are okay with this.

      You just learned that all governments suck?

    2. Re:Oh man... I'm sorry... by AgTiger · · Score: 2

      > Still, I'm surprised at this... I never thought
      > I'd see this coming HERE in canada.

      If you go back and look at how many foreign and domestic policies/laws/regulations in Canada follow closely on the heels of the same in the United States, it'll cease being such a surprise.

      Doing so is an eye-opening experience. Note, I don't guarantee that it'll be a pleasant one.

  21. Surprised? by philipsblows · · Score: 2

    While I agree that this is definitely double-plus ungood, this has to make the front of national newspapers (in US and Canada) and be an issue that makes the evening news before anyone can even think of putting up a fight.

    Big brother help us if this eavesdropping prevents a terrorist act or, more topical (and I don't mean to sound callous), another little girl from being abducted and murdered. There will be no going back there, since it WILL make the news with the wrong spin.

  22. Just Won't Happen by Inexile2002 · · Score: 5, Informative
    This seems to happen around once or twice a year in Canada. Some beaurocrat or treaty negotiator gets excited, puts something up for review and once the government figures out that it would violate the Charter of Rights and Freedoms (this clearly would) or just generally piss people off, it gets dropped.

    Look at the knee jerk terrorism laws that were suggested after 9/11. Once the MPs looked at them seriously, cooler heads prevailed nothing happened. Same shit all over again.

    As for the Charter of Rights,this law would easily be shot down in court on a number of counts including:
    1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

    2. Everyone has the following fundamental freedoms:
    a) freedom of conscience and religion;
    b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
    c) freedom of peaceful assembly; and
    d) freedom of association.

    7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

    8. Everyone has the right to be secure against unreasonable search or seizure.

    24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
    (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
    Any law that infringes on this even a little will get thrown out by the courts the first time the police come hunting for a search warrant. The fact that the ISPs are not stupid means they will not be willing to shell out the cash for an infrastructute of a law that would collapse on the first court challenge.

    Just won't happen.
    1. Re:Just Won't Happen by Bishop · · Score: 2
      This draft is not in conflict with section 8 of the Charter. Read the actual "discussion draft" and you will see that the proposal states:
      The central tenet of the proposal is that service providers would be required to have the technical capability to provide access to the entirety of a specific telecommunication transmitted over their facilities, subject to a lawful authority to intercept. This would include the content and the telecommunications-associated specific data associated with that telecommunication.
      draft

      Note "subject to a lawful authority to intercept." This indicates that a court order would be required prior to the interception and collection of any data as per The Charter of Rights and Freedoms.

      I believe that your arguement under para 2.b is probably valid.

      At any rate this draft will not become law. It won't even make it to a draft bill. Canadians won't stomach it. Ask anyone who does tech support and they will tell you that they often recieve calls from older men (and teenaged boys) asking how to clear the Netscape URL drop down menu before the wife (or parents) get home. These same people would rather believe that it is harder to intercept their surfing habits, and that there isn't infrastucture in place to be used at a moments notice.
    2. Re:Just Won't Happen by Citizen+of+Earth · · Score: 2

      the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

      Whereas in America, they exclude the evidence regardless of how many rapists/killers/executives it lets back onto the street.

    3. Re:Just Won't Happen by Sentry21 · · Score: 2

      Well spoken. I'll add one comment too...

      Even if the MPs all vote it forward, it still has to be approved by the Senate, and Senators don't have to follow party line - or do anything else, really.

      Our first prime minister created the senate because he had a tendancy to hit the bottle, and wanted some 'sober second thought' - perhaps the reference isn't related to alcohol, but hey, it may as well be.

      Even if this crap DOES get past the MPs (if you don't like it, write yours), the senate will take their time tearing it up. No worries here.

      --Dan

  23. Exaggeration alert by ozonator · · Score: 3, Informative

    Having looked at the document on the Department of Justice's web site, it seems to me that the C|Net report exaggerates more than a little bit.

    The document isn't itself a proposal, it's a "Consultation Document," and has as its purpose to guide the modernization of Canada's Criminal Code, with respect to "lawful access" to electronic information. There are laws that are explicit about what the authorities have to do to be allowed to search my home and seize documents, for example; this document is directed towards coming up with similar laws for dealing with electronic property, which currently isn't so explicitly covered in the Criminal Code. The document lists many of the issues involved, and raises the questions that result, such as how long should an ISP be expected to preserve data when ordered to do so (i.e., not by default), and such as how the Criminal Code should cover interception of e-mail.

    The only thing really proposed is this: "that all service providers (wireless, wireline and Internet) be required to ensure that their systems have the technical capability to provide lawful access to law enforcement and national security agencies." That's it; the rest of the document deals with how this should be implemented.

    There. That should keep CSIS (Canada's version of the CIA) from putting me at the top of their "must eavesdrop" list. At least for a while. :)

  24. So.. you're asked to write the code.. what next? by pedro · · Score: 2

    Assuming that most coders who would be asked to do sucha despicable thing such as this, here are a few options:
    1) Write it badly and/or ineffectually. Who'd know? They're all suits!
    2) Backdoor it all to hell.. ala Ken Thompson's C compiler follies. Pass r00t access about globally via IRC. Render it all useless.
    3) Share it with all your hacker buddies, via snail-mail.. (no radar)

    I think it utterly impossible that these boobs can find enough skillful lackeys to carry these mandates out without creating a situation far more dire than the one they're fearful of.

    Rebel! Don't collaborate!

    They can't do this without US!

    Don't be a Traitor!

    Be a PATRIOT!

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  25. Re:So.. you're asked to write the code.. what next by pedro · · Score: 2

    Sorry for the grammatical irregularities.
    I should have previewed more carefully.
    You should get my drift :)

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  26. ka-ching by ToasterTester · · Score: 2

    I'd like to have the contract to sell them all the storage to hold 6 months of logs for every ISP.

  27. Welcome to Canada by WildBeast · · Score: 2

    Canadian officials say such laws are necessary to fight terrorism and combat even run-of-the-mill crimes.

    Okay, so why exactly is it now easier to get a student visa or an immigration? Oh I guess that doesn't count, because they'll be bringing in some money.

    If they're so concerned about our security, why have they yet to sign the Kyoto protocol?

    Apparently, ripping us off from our money is not enough, they also need to control us.

    1. Re:Welcome to Canada by saskboy · · Score: 2, Interesting

      Actually, it is harder to get Student Visas now. I know someone who was screwed around by us [Canada] when trying to get a re-entry visa last year. In Hong Kong, she was able to have the staff there provide the visa on the normal schedule without problems.
      I'm with you on that Kyoto thing, and this proposed law will not take effect since it is not domestically brewed. We'd prove the voting populace is a snivling bunch indeed if we allowed that sort of loss to our constitutional rights. I don't mind the ISPs keeping logs, just as long as no one looks at 'em. The RCMP now, and always should have iron clad reasons to obtain a proper search warrant before invading a citizen's privacy.

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    2. Re:Welcome to Canada by WildBeast · · Score: 2

      I know a couple of people who had no problem getting student visas here.

  28. Macro Virus T-Shirt - can I buy one already? by finnatic · · Score: 3, Funny

    Would this make the wearing of a T-Shirt, with say the source code for the "concept" Macro Virus printed on it illegal in Canada?

  29. Where will it stop? by jaaron · · Score: 2

    Can someone point out how this would be different than requiring the phone companies to keep 6 months of recordings of your home phone?

    I think if it were looked at that way, people would realize how stupid and wrong this is. Why don't we start wearing embedded tracking devices and keep logs on that too?

    --
    Who said Freedom was Fair?
  30. Re:CRTC by Malc · · Score: 4, Funny

    CRTC = Commission for Restrictions and Thought Control

  31. Re:great... by SpaceLifeForm · · Score: 2, Funny

    With Linux CDs in hand I hope.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  32. "crimes get solved," ... by tlambert · · Score: 3, Insightful

    "crimes get solved, missing people's last movements can be determined, terrorists located," ...

    ISP employees get paid off, battered women get located by abusive husbands, children kidnapped by non-custodial parents, victims tracked by their stalkers, ...

    All sorts of "good things"... yeah, right.

    "Don't assume that everyone in power is corrupt" ...

    Don't assume that everyone in power now will always remain in power (even if they do), or that there will never be a corrupt person in power, ever. The Clinton presidency "borrowed" a huge number of confidential FBI files. Adolph Hitler was democratically elected, and one of the first things he did was confiscate privately owned firearms using registration information that was not collected for the purposes of government confiscation.

    "If you're clever enough to surf anonymously" ...

    It's not the stupid bad guys we need to worry about.

    -- Terry

  33. Therefore I want biological weapons by BWS · · Score: 2

    Based on your arguments:

    All programs are a form of discrete mathematics, and mathematics is in my books an artform. The freedom and creativity involved in writing a program is infinite and the people who right viruses can be very crafty.

    I will say:

    All biological agents are a form of DNA/RNA sequences, and all the possible DNA/RNA sequences is in my books an artform. The freedom and creativity involved in manipulating a DNA sequence is infiniute and the people who create biological agents can be creafy.

    --
    -- Note: These Comments are Generated by ME! Not You! ME!
    1. Re:Therefore I want biological weapons by Fred+Ferrigno · · Score: 2

      Taken to the extreme, someone who kills in an "artistic" fashion, a form of self-expression, would not be guilty of murder. Of course, despite the seemingly absolute language of the law, our rights have relative value. If your method of free expression infringes on the more important rights of others (not being killed), it is no longer protected. Your right to swing your fist ends where my nose begins and all that.

      The question then is which is more important: the free expression of virus programmers or the undisturbed use of computer services. Everyone's likely to have their own opinion on the matter, and the issue is better left to the courts than Slashdot.

    2. Re:Therefore I want biological weapons by BWS · · Score: 2

      thanks for taking it to the next step :) I didn't think even of murder as an example :) thanks man!

      --
      -- Note: These Comments are Generated by ME! Not You! ME!
    3. Re:Therefore I want biological weapons by BWS · · Score: 2

      Okay... lets compare a computer virus and the smallpox biological agent...

      if a computer virus gets somewhere critical.. like ATC, 911, Nuclear Reactors, etc systems... it will cause deaths....

      if an biological agent spreads, people die.

      and to your argument: Of course, I'm sure someone is going to provide a link to an iron lung that failed due to a virus now -- but I think, again, people draw the other line at the point where the people operating and creating such equipment should have known better.

      by that logic.. if a critical comptuer gets infected, then the computer should've been operated and protected and build better..

      by the same logic... if we immunize everyone against smallpox (which we have an vaccine for). then it is the same thing right? why don't we do it?

      --
      -- Note: These Comments are Generated by ME! Not You! ME!
  34. MOD: +1 Insightfull by Bishop · · Score: 2

    After reading the article it is obvious that news.com's Declan McCullagh didn't read the discussion draft either.

  35. This is Worse than Phone Taps by serutan · · Score: 3, Insightful

    As has been asked here already, how is this different from the phone company keeping recordings of private phone calls? I'll tell you, it's an order of magnitude worse. Web browsing isn't even a conversation. It's like recording which magazine articles one reads and which ads one looks at. The because-we-can philosophy is no excuse to treat web browsing any differently from any other form of reading. The practice of recording surfing habits at the ISP level may very well provide crime-fighting information, but the inhibiting effects of this level of surveillance could harm society far more than any bomb could.

    Western governments may turn out to be Osama bin Laden's most effective weapon.

  36. Canadian Big Brother, eh? by Ilan+Volow · · Score: 2

    If you caught spreading a computer virus, the candian government would cram you in a jail with 11 other annoying "big house"-mates, put you on canadian televion for 24 hours a day, and the last person to get anally violated would get $500,000.

    --
    Ergonomica Auctorita Illico!
  37. go pr0n by commodoresloat · · Score: 3, Interesting
    If they had a filter, of some magical sort, that would filter out all the porn transfers and keep everything else in the log, most of us would be ok with them keeping records of our internet use.

    Well then thank God for pr0n. It's a sad comment on North American society that it's only the makers of commercial sleaze who are willing to stand up for our rights. You're right about it, most people wouldn't give a shit about restrictions on privacy or free speech if it wasn't for dirty little secrets. And the porn industry knows it, and laughs all the way to the bank. The sex industries have been at the forefront of free expression and privacy battles mostly because they directly concern their profits. But at least somebody's trying to draw a line in the sand. It's just too bad so few are willing to draw such lines on the principles involved, which are far more important than your (admittedly important) right to look at goatse man in the privacy of your own home, or to buy a lap dance....

  38. Re:Ban possession of viruses? by sv3n · · Score: 2, Insightful
  39. What Web Browsing Logs? by mikeplokta · · Score: 2

    If you browse using your ISP's proxy servers, there are log files generated that can be retained. But I never do that. If you're going direct to the web, I don't think there are any logs generated, unless your ISP logs every packet. So I don't see how they can retain them.

  40. ..."kept secure FROM the ISP?" by tlambert · · Score: 2

    ..."how would the data both be recorded by and kept secure FROM the ISP?"

    Short answer: it wouldn't.

    There have been several instances, not well publicized for obvious reasons, where soon-to-be-former (8-)) ISP empoyees have sold mail server logs to SPAM'mers to obtain sender and recipient email addresses.

    If the data is available, it's available. Even a crypto FS can be defeated (copy raw data, write zeros to file, read file, thereby retrieving the ciphertext pad, XOR - or whatever operation - the pad vs. the data, boom: cleartext back again, write data back to raw file: evidence of hack erased).

    -- Terry

  41. Not going to tackle larger problems by salimma · · Score: 2

    Sure, you can probably arrest a paedophile or two by monitoring his emails, but drug dealers and organised crime in general will be the first people to move to encrypting *all* their emails. Which is something even techies cannot do all the time. Why, you may ask. Well, it's simple: most e-mail users out there has no clue whatsoever about using encryption. When would Outlook Express, Mozilla Mail and Eudora have standard built-in OpenPGP encryption... (yes, I know plugins are available) Encrypt your mail today!

    --
    Michel
    Fedora Project Contribut
  42. Re:Ban possession of viruses? by Glenn+R-P · · Score: 2

    How do you stop non-techies from going "Oh, somebody loves me! I'll just read this message... OHNOS MY HARDDRIVE!"?
    - Peter


    How is this a troll? It's early and short, but looks on-topic to me.

    Every morning I possess about 20 KLEZ worms. After a few months
    of KLEZ mailbombing I got "POP3 Scan Mailbox" and set it to schedule
    anything over 50kbytes for removal, so at least they don't wear out
    my modem any more.

  43. Re:CRTC by Citizen+of+Earth · · Score: 2

    CRTC = Canadian Roadblock to Telecommunications Competition

  44. Re:User tracking is more than an annoyance for ISP by gclef · · Score: 2

    You back up that server regularly, right? As long as you include the logs in those backups, you're fine. You can just restore the backup somewhere else, and let the authorities look at them there. This is probably a better idea than letting them log onto your mail server (w/the rights to mess w/the logs) anyway.

  45. Re:CRTC by AgTiger · · Score: 2

    Not having lived in Canada for the past seven years, I was a little surprised to read that they even considered such a plan (but only a little, since I remember the Federal and Provincial governments just loving to be intrusive into people's personal lives).

    I looked up information on this issue, and found "CRTC WONT REGULATE THE INTERNET" at the CRTC website.

    Seems someone, somewhere, had a flash of insight about the magnitude of even attemping such regulation (thank goodness).

  46. The Point? by suwain_2 · · Score: 2
    I'm going to skip over the most obvious privacy issues, and mention the two major problems I see.

    First, if this is something else they're trying to use 9/11 as an example for... It won't do a bit of good. "Oh, there's one of the terrorists getting out of his car..." Six months after the fact, you can't stop the crime, and they've had six months to flee the country. Yes, maybe it'll catch a criminal or two, but I think actively trying to stop crime is more important than watching it happen six months in the past.

    Another issue is the sheer amount of space ~180 days of logs could take up. Let's take the example of a camera... A really good time-lapse camera might be able to squeeze 24 hours onto a single tape. But now rather than having a couple tapes and rotating them, you now need 180 tapes, and somewhere to store them. Storing the URL of every file I access could grow really quickly. And if they're investigating truly illegal use, the URLs might not even work six months later. So are they now going to save local copies of all the pages I visit? I have 3 Mbps. In 8 seconds, I could get 3 MB of space. My entire neighborhood could fill up a few terabytes real quick. This is going to add massive costs to ISPs, and a lot of them seem to be in financial trouble anyway.

    On a side note, if I advocated that the US Postal Service photocopy every envelope you send/receive (I won't even say that they open it), I don't think even the most conservative people would consider this a good idea. But why is it different if it's on the Internet?

    --
    ________________________________________________
    suwain_2 :: quality slashdot p
  47. Re:Ban possession of viruses? by tomhudson · · Score: 2
    the text states (page 5) :
    an offence in relation to computer viruses that are not yet deployed
    So, put it in the wild and you're legal

    Also, it says that ISPs won't have to pay to bring existing networks into compliance (pate 10, item 3)

    Since the internet is an "existing network", I guess this is just more blah-blah, blah-blah-blah, and that an argument could be made that, since the ISP doesn't have to pay, it doesn't have to comply

    The requirement for a "data-preservation order" (page 14) would mean that ISPs would have to preserve the virus.

    You shold be more worried about the rest, which includes new powers to search and sieze email

    I'd file this under "more stupid lawyer tricks"

  48. Re:CRTC by Glytch · · Score: 2

    Yeah. And he should take Sheila "Long Live The Cable And Satellite Monopolies" Copps with him. I can wait to see her out of public office for good.