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Proposed Canadian Law Would Allow Warrantless Searches

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."

15 of 195 comments (clear)

  1. Despicable. by giesen · · Score: 4, Insightful

    'Nuff said.

    1. Re:Despicable. by Nakor+BlueRider · · Score: 4, Insightful

      I'd personally recommend avoiding more extreme terms like "police state" in such emails or letters, as you might be more likely to be disregarded or passed off as an outlier.

      That said, I agree that all Canadian /.ers should be sending letters or emails such as this to their MPs. The points you make in your email are well described.

  2. Re:Children by Anonymous Coward · · Score: 3, Insightful

    no, apparently some people in Canada are thinking of the children a bit too much...

    in the nude.

  3. Be reasonable... by evil_aar0n · · Score: 4, Insightful

    It's for the good of the country, you know. And if you don't support this type of legislation, you must be some sort of "pedophile, terrorist or gangster."

    --
    Truth, Justice. Or the American Way.
  4. Come on, people! by emudoug42 · · Score: 5, Insightful

    Do people really hate the police that much? I mean, asking for them to get a WARRANT before they invade your invade your life? Do you have any idea how much of a hassle that is? We should just hand them over every little piece of information about our lives at the drop of a hat! It's the least we can do.

    </heavy sarcasm>

  5. This is a sad trend by Klistvud · · Score: 5, Insightful

    And it is showing us that civil liberties won't end with a bang, they will end with a pathetic, humiliating trifle. Apparently, we will forfeit our liberties not in order to fight terrorism, AIDS, exploitation, or poverty, but to "protect" some copyrighted content or to prevent some teenager from downloading porn. A really sad way to go, Democracy!

    --
    Intellectual Property: an immaterial non-entity, most fiercely contended by those with no proper intellect to speak of.
    1. Re:This is a sad trend by T+Murphy · · Score: 4, Insightful

      Luckily we have the Iranians to demonstrate for us how a democracy should work.

  6. I like that phrasing. by Chris+Burke · · Score: 5, Insightful

    "Police lobbied for the bill as means of 'combatting gangsters, pedophiles, or terrorists,'"

    I like that phrasing, it's like they aren't really sure. "Why do we need these powers? To combat gangsters, pedophiles... or terrorists, yeah terrorists too. Or maybe identity thieves? Whatever makes you turn your brain off and do what we want. That's why we need them."

    --

    The enemies of Democracy are
    1. Re:I like that phrasing. by Rycross · · Score: 4, Insightful

      Its gotten to the point where I'm inherently distrustful of anyone that claims to want to protect me from terrorists, or want to protect children. It's like code-words for "I want to introduce some legislation that violates your rights, and have to make this palatable."

  7. It's not like... by Sibko · · Score: 4, Insightful

    Gray says the public doesn't need to worry about invasion of privacy because getting information from an ISP is only one small step in an investigation. She also says it's not like police knock down doors as soon as they have a name connected to an Internet address.

    What??? That is EXACTLY what happens when the police don't need warrants.

    This bill makes it possible for it to happen, with no safeguards whatsoever. A well intentioned, but poorly thought-out piece of legislation that gives the police far too much power.

  8. Re:Why so surprised? by davester666 · · Score: 5, Insightful

    Ah yes, it's new, therefore existing rules don't apply.

    Maybe the rules should be rewritten so that the police can open all mail without a warrant because it's passing through a public domain?

    Maybe CanadaPost could be grandfathered in to 'still needs a warrant' but for the newbies, Fedex and UPS, they would be required to have a station at all their sorting locations for the police to process every single item going through their system.

    --
    Sleep your way to a whiter smile...date a dentist!
  9. Re:Why so surprised? by JobyOne · · Score: 4, Insightful

    The internet is a public domain, huh? I can't tell if you're a troll so I'll answer in all seriousness.

    The internet is primarily a communication tool, right? So are private gatherings, phones, snail mail, etc. How would you feel if the man were allowed to peer into those without oversight? The police reading your email or tracking what you do online is ultimately no different from tracking what you do on the phone or in your own home. You have a reasonable expectation of privacy, and that must be respected if we want to live in a free society.

    P.S. I'm an upstanding citizen and really do have nothing to hide, it's a matter of principle.

    --
    Porquoi?
  10. Re:Easy by twidarkling · · Score: 4, Insightful

    This isn't even the first time the bill's been proposed. As another provided a link to a Michael Geist post, this almost exact bill has been proposed by the Liberals previously. The fact that both the Liberals AND Conservatives have proposed it lends credence to your point.

    Further more, even if it WAS a legitimate push, it's only been introduced. The amount of stuff that's introduced and just dies in committee is rather staggering. If this makes it past first vote, I'd be stunned.

    Still writing my rep to let them know my thoughts, though.

    --
    Canada: The US's more awesome sibling.
  11. Re:Easy by BabyDuckHat · · Score: 3, Insightful

    Actually, you may not be far off. It's a common tactic to propose a bill that actually asks for far more than you want. That gives the opposition the chance to gut it or to come together for a sunshine-time compromise, while still allowing what you really wanted to get passed.

    EvilPerson1: How can I make it legal to beat people with boards?
    EvilPerson1: "I propose we give law-enforcement the authority to pull off peoples ears with with pilers and beat them with boards with nails in them."
    EvilPerson2: "Objection! That's just barbaric!"
    EvilPerson1: "Fine, let's compromise: They can't do the pliers thing, but they can still hit them with boards."
    EvilPerson2: "Getting there, but I'm still not comfortable with the nails."
    EvilPerson1: "You wimp. Fine, no nails." Sucker.
    EvilPerson2: "That's better."

  12. Re:That's it, I'm moving to ... by Anonymous Coward · · Score: 5, Insightful

    Ummm... where's this fantasy version of the US you speak of? Everything you've said doesn't even remotely describe the United States.

    The US is very divided and there's a strong right-wing group but by no means in the entire US conservative. Usually people in rural areas tend to be right wing while people in urban areas tend to be liberal. Liberal is really only used as a swear word on Fox News which exists solely to be a right-wing news network.

    I've never thought of Canada as violent but you sure make it sound like it is. You make it seem like everybody and their grandma has a gun in Canada with the number of people you listed with a gun. I grew up in the US and I have never known a single person who owned a gun. Gun owners are most definitely a small minority in the US. Americans would generally take for granted that a house does NOT have a gun. And most people that do own a gun claim to do so for protection.

    Extremely nationalistic? Sounds to me like you've been watching too many TV stereotypes. Do you think that every American wears a cowboy hat and shouts "Yee-haw!" too? Being extremely nationalistic and ignorant of the rest of world is a stereotypical trait of rural red necks.

    Funnily enough, you have shown that you are quite ignorant of even your neighbouring country. You shouldn't base your assumptions on what you see on TV. Even if the content is from the US, it's full of over blown or outdated stereotypes. You should actually try visiting a country before making a bunch of absurd assumptions. Even if those assumptions are in part based on Americans you have met you do have to remember that most Americans don't have a passport and hence don't travel abroad thus the people you do meet outside of the US aren't exactly representative of the country.

    After all, if I based my assumptions on you, I'd think Canadians are quite ignorant and simple minded(for assuming that a country of 300 million people could be imbued with such over simplistic stereotypes) but I've actually been to Canada and know better.