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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."

23 of 195 comments (clear)

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

    'Nuff said.

    1. Re:Despicable. by Tanktalus · · Score: 5, Informative

      I've sent an email to my MP. I hope all other Canadian /.ers do likewise. Here is what I wrote. Be sure to add your name and full address to yours, and cc the Honorable Peter Van Loan (vanlop@parl.gc.ca) as well. Feel free to modify to suit your own political beliefs. (Not that you need my permission for that, just being honest and transparent.) If you don't have their email address, you might want to look that up.

      In regards to a proposed new bill:

      http://www.news1130.com/more.jsp?content=20090617_213536_8084

      The point of laws regarding privacy, and court-sanctioned warrants overriding privacy, is not to make it easier for the police to solve crimes, but to weigh carefully the right to privacy on one hand and the reasonable evidence pointing to a particular suspect requiring further information on the other. The police, being human beings, can easily get emotionally attached to the pursuit of an individual, and invade what could easily turn out to be an innocent person's privacy. The whole point of a warrant being issued by a judge is for oversight to ensure that the police aren't cutting corners prior to actually invading someone's privacy.

      By removing this level of oversight, I feel we are going in the wrong direction on personal liberties and freedoms, and are sliding towards a police state.

      It's not that I have an issue with ISPs keeping logs, the same way corporations are supposed to keep account of their transactions in case of an audit. But it requires some oversight to keep the police from accessing just anyone's account without reasonable evidence otherwise. As long as the logs are protected by similar privacy laws that any other aspect of citizens' private lives, and only released under proper court warrants, the police continue to have the tools they need to pursue internet crimes while continuing to protect citizens' privacy, thereby protecting liberties and freedoms we all enjoy.

      I hope you will incorporate proper privacy protections in this bill, requiring the police to act the same as they do with any other aspect of our private lives.

    2. 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. 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.
    1. Re:Be reasonable... by PoliticalGamer · · Score: 4, Funny

      Why yes, only those with something to hide have anything to fear!

    2. Re:Be reasonable... by Anonymous Coward · · Score: 5, Interesting

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

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

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

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

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

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

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

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

  3. 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>

  4. That's it, I'm moving to ... by dkleinsc · · Score: 4, Funny

    Cana ... oh, ummm, crap, now I'm in trouble.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:That's it, I'm moving to ... by illiter4te · · Score: 4, Interesting

      Its so funny to see people say that kind of stuff... "Thats it! Govt is too big, lets move to Canada!" C'mon... Canada is more liberal and has bigger government than we do here. I think you mean you need to move to Mexico where the govt doesn't use its power to protect its people...

    2. 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.

  5. Write to the minister! by Anonymous Coward · · Score: 5, Informative

    This is ridiculous. If this passes, I'm never voting Conservative again (leaving me with no other options!)

    Write to Van Loan:

    The Honourable Peter Van Loan
    Minister of Public Safety

    Parliament Hill Office
    Room 157
    East Block
    Ottawa, Ontario
    K1A 0A6

    T 613-996-7752
    F 613-992-8351
    E vanloan.p@parl.gc.ca

    Constituency Office
    45 Grist Mill Road, Unit 10
    Holland Landing, Ontario
    L9N 1M7 ... in the Grist Mill Plaza,
    Mount Albert Road between Old Yonge Street and 2nd Concession

    T 905-898-1600 or
                                1-877-738-3748
    F 905-898-4600
    E vanlop1@parl.gc.ca

  6. There goes my pedestal by atomic777 · · Score: 5, Funny

    .. from which to look down my frost-bitten nose at the suckers having their rights taken away down south. Now i'm putting up with bad weather for no good reason!

    Doesn't our government understand a fundamental principle of governing a country with a predominantly harsh climate like Canada: we must do everything significantly better than our neighbours to the south to prevent brain drain.

  7. 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.

  8. 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 Duradin · · Score: 4, Funny

      It would have been even better if they pitched the idea under the pretense of going green by reducing the amount of paper used.

      "You want us to get a warrant? Do you know what the carbon footprint of a warrant is? Why do you hate the Earth?"

    2. 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."

    3. Re:I like that phrasing. by Chris+Burke · · Score: 4, Funny

      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.

      So true, so true.

      On the other hand, I inherently believe anyone who claims to want to harm children.

      --

      The enemies of Democracy are
  9. a bit more complicated then that.... by Chirs · · Score: 4, Informative

    As is usual, the summary is inflammatory. As described at http://www.privacylawyer.ca/blog/labels/lawful%20access.html/ a warrant would still be required for eavesdropping, but "basic subscriber information" (name, address, telephone number and Internet Protocol (IP) address, e-mail address, service provider identification and certain cell phone identifiers) would be available without a warrant.

    I'll be writing to my MP in any case.

  10. 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.

  11. 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!
  12. 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?
  13. 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.