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Supreme Court of Canada Rules That Text Messages Are Private

An anonymous reader writes "The Supreme Court of Canada has ruled that text messages are private communication (Official Ruling) and therefore police are required to get a warrant to gain access to the text messages of private citizens. The CBC reports: '[Supreme Court Justice Rosalie Silberman] Abella said the only practical difference between text messaging and traditional voice communications is the transmission process. "This distinction should not take text messages outside the protection to which private communications are entitled," she wrote.'" Quite different from the attitude in the U.S.

143 comments

  1. Good news, but mostly moot. by Anonymous Coward · · Score: 1

    Text messages are not generally stored on the telco's equipment. They log times and source/destination, but not the message contents. The contents are stored withing telco equipment until they are delivered and then they are deleted. If the recipient's phone always on.

    It would cost telcos money to store these things, and if they don't legally have to store them, they're not going to spend money to do so. It's akin to recording phone conversations - it's generally not done because there's no reason to pay for something which doesn't add value.

    (edit, captcha: "greedy")

    1. Re:Good news, but mostly moot. by Punko · · Score: 4, Informative

      My understanding is that this particular telco was storing the texts. It wasn't that the police were interested in intercepting the messages live, but rather they wanted their general warrant to let them have access to the copies of the messages.

      The Court ruled that a wiretap warrant is required for the police to have access to the copies of the messages.

      As as I am aware, this telco is the only major player storing texts.

      --
      If only we could fall into a woman's arms without falling into her hands
    2. Re:Good news, but mostly moot. by vux984 · · Score: 4, Interesting

      My understanding is that this particular telco was storing the texts.

      According to the ruling, they stored the texts 'breifly'. It sounded like the police needed a daily capture of the data in order to get everything.

      Its not like these were long term logs.

      I would guess it was an implementation of the SMS queue where when you send a text that's undeliverable because the destination phone is unreachable it hold its it for a while to attempt to deliver it later. It probably just put all messages into the queue, marked delivered messages when they were delivered, and then purged them daily.

      At least that's what it sounded like to me.

    3. Re:Good news, but mostly moot. by Synerg1y · · Score: 4, Insightful

      Simply put: why should the police have access to anything without a reason? are they better than us? do they know better? are they magical?

      Nope they're just people like you and me.

      Short or long term neither they, or you and I should have access to anybody else's non-public information without a compelling reason.

    4. Re:Good news, but mostly moot. by vux984 · · Score: 1

      I never suggested they should. I was just clarifying what the telco was doing, as some of the commentary made it sound like the telco was logging everyone's text messages, when that really isn't quite accurate.

    5. Re:Good news, but mostly moot. by Anonymous Coward · · Score: 0, Troll

      Nope they're just people like you and me.

      Incorrect. Most laws don't apply to them, much like the 1%. The phrase 'blue wall of silence' doesn't exist for nothing.

      Stop thinking that life is 'fair'. We live in a caste society. We're in the lower caste, where the people here are simply a commodity to be used up and thrown away, and the upper caste gets all the money from it.

      The sooner you realize this, the better, since you'll stop believing in fairy tales like free speech, innocent until proven guilty, fair trials, equality, and all those other make-believe things.

    6. Re:Good news, but mostly moot. by AdamWill · · Score: 1

      As I read the CBC story, the effect of the judgement is that the police will need a specific warrant to gain access to SMSes regardless of whether that means live intercept or requesting them from some kind of storage. Some of the justices argued that the warrant should be required for live intercept but not for accessing a copy of the messages that the provider had made for its own lawful purposes (so this particular case should be allowed, but the court should rule that direct intercepts would require the warrant), but that argument was rejected.

    7. Re:Good news, but mostly moot. by Anonymous Coward · · Score: 0

      SMS is a store and forward service. Mostly messages are delivered quickly, however if the recipient happens to be out of coverage the message remains in storage. The system won't necessarily try to deliver immediately when the mobile comes back into coverage, there is a timer that sets when it retries. So it could be an hour before it retries even if you were only out of coverage for a few minutes.
      The system I was involved with would not let ordinary help desk staff read messages, although they could see sender and receiver and length along with the delivery time. Naturally there were folks who could see the whole message, and they were kept in storage after delivery so a subpoena or warrant could have obtained the message.
      So as with all security situations, assume that anyone whose hands it passes through could read it if they so wished.

    8. Re:Good news, but mostly moot. by compro01 · · Score: 1

      Every Telco store SMS messages temporarily. SMS is a store-and-forward system.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:Good news, but mostly moot. by nblender · · Score: 4, Informative

      Telus has admitted that it stores text messages for '30 days' for diagnostic purposes... That's not "briefly", in my opinion.

    10. Re:Good news, but mostly moot. by m.ducharme · · Score: 1

      "briefly" in this case means, I believe, several months. We looked into retrieving them as customers for use (long story, not getting into it), and I think we had 6 months or more to make the request for the text messages.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    11. Re:Good news, but mostly moot. by vux984 · · Score: 1

      Interesting. Thanks. That's not the impression I had gotten from the original article or even the court ruling.

    12. Re:Good news, but mostly moot. by Anonymous Coward · · Score: 1

      They are not the only major player storing texts. I know for a fact that at another Canadian telecom that they are stored for 30 days regardless if they were sent. This backup copy is a closely gaurded database with only a select few having access. They are stored for this extended period of time for troubleshooting purposes. If a customer calls in and complains that they aren't receiving texts, it is a lot easier to (A) troubleshoot if you have a copy of the messages or (B)prove that the telecom never received any messages.

    13. Re:Good news, but mostly moot. by Kleen13 · · Score: 1

      That's what I understand. Previously they were able to gain access to the stored messages under a General Warrant which is much easier to obtain. Now an Intercept Warrant would be required and is covered under Canada's privacy laws and is much more difficult to obtain. There was also some discussion that Telus would be discriminated against as not all other telecom's "store" sms messages which is the reason they were able to use the general warrants to begin with before this ruling. Cops are cops. They're trying to do their jobs and are using the tools in the toolbox. I'm glad the courts are seeing things for what they are. Kinda refreshing, actually.

      --
      That sinking feeling deep in your gut when you KNOW you screwed up bad summed up with: {head desk} {head desk}
  2. Good for them by Reverand+Dave · · Score: 1

    however it's not going to stop the US telco's from bending over backwards to give up all the info they can at the slightest provocation...

    --
    I got here through a series of tubes
    1. Re:Good for them by i+kan+reed · · Score: 1

      Yep, I've been increasingly considering taking what money and skills I have and trying to immigrate to a more sane country. Then I think it's an extreme solution, then the next bit of U.S. insanity takes hold, and I'm considering it again.

    2. Re:Good for them by Jawnn · · Score: 3, Insightful

      Actually, I think they bend over the other way when holding up their end... of the deal. [rimshot] Thank you. I'll be here all week.
      Seriously, you are quite right. The U.S. telco's are totally complicit in the buggering of our civil rights. All save the late QWest, that is.

    3. Re:Good for them by Synerg1y · · Score: 1

      They're businesses they look at it like this:

      a. Fight the system > possible legal consequences > huge legal fees > lose anyways.
      b. Give the system what it wants > move on with your day.

      Notice how there's no laws governing either way: THAT is the real problem. Can't blame a business for being a business and being loyal to its stock holders, but then again teleco has never been known for doing the bare minimum in all aspects of business.

    4. Re:Good for them by tnk1 · · Score: 3

      I wouldn't bother. I don't think there is a completely sane government left. You flee one set of crap, but the new country has another of it's very own issues. Some of the Scandinavian countries sound okay, but they have some questionable issues too.

      Of course if you have money, most of those issues evaporate no matter where you are.

    5. Re:Good for them by BenoitRen · · Score: 5, Insightful

      He wasn't talking about a sane government, but a more sane country. Sure, every country (and government) has its issues, but the USA is so far gone that it's its own kind of insanity. You'd be forgiven for occasionally mistaking it for a third world country.

    6. Re:Good for them by Reverand+Dave · · Score: 2

      Sad but true. Corporate money and power has ruined our already fat, lazy, and stupid country.

      --
      I got here through a series of tubes
    7. Re:Good for them by Anonymous Coward · · Score: 1

      There's a strong case to be made, which hasn't yet been pushed to the US Supreme Court, that texts are most certainly the equivalent to "papers" part of the 4th ammendment, and that the telecos voluntarily giving them over is no different than the postal service handing over letters without a search warrant. Issuing a national security letter for the destination is very different than the contents; in the 17th century, you put the address on the envelope and handed it to the federal government (postal service). Pen traces and email headers are somewehre equivalent to that (you didn't hand those to the federal government) but the contents most certainly should require a properly executed search warrant.

    8. Re:Good for them by hawguy · · Score: 1

      Yep, I've been increasingly considering taking what money and skills I have and trying to immigrate to a more sane country. Then I think it's an extreme solution, then the next bit of U.S. insanity takes hold, and I'm considering it again.

      Maybe it would be easier to just encrypt your communications - modern smartphones are more than capable of encrypting txts, emails and voice communications.

  3. The Conservatives will be angry! by Anonymous Coward · · Score: 4, Insightful

    The only question now is how long before we can get the same protection for ALL forms of communication, regardless of the technology used.

    1. Re:The Conservatives will be angry! by ebno-10db · · Score: 3, Insightful

      You mean how long before the US reinstates the 4th Amendment? Good question.

    2. Re:The Conservatives will be angry! by Anonymous Coward · · Score: 0

      Nice troll. As a conservative I'm a staunch supporter of the 4th amendment. I believe all law enforcement should be required to get a search warrant every time, without exception. This includes peace time and war time.

    3. Re:The Conservatives will be angry! by Anonymous Coward · · Score: 3, Informative

      I suspect the OP was referring to the Constitutive Party of Canada who is currently in power and is trying to push for the same kinda of citizen spying shenanigans that are being pushed for by the US government.

    4. Re:The Conservatives will be angry! by Anonymous Coward · · Score: 1

      Conservative Party of Canada... way to not pay attention with the spell checker. :(

    5. Re:The Conservatives will be angry! by Anonymous Coward · · Score: 0

      Canada doesn't have a "4th amendment". And when I say "Conservatives" I am referring to the Conservative Party, the one that has been pushing this shit in Canada. Nice job making yourself and your ideology look stupid, though.

    6. Re:The Conservatives will be angry! by broken_chaos · · Score: 1

      As a conservative

      The rest of what you say does not paint you as what you claim to be, not as the term is in common use today.

    7. Re:The Conservatives will be angry! by eyendall · · Score: 1

      He says that he is a conservative, not a Republican. There is a big difference.

  4. Once again Canada leads the way. by Anonymous Coward · · Score: 0, Flamebait

    I think I want to move to Canada when I retire. They seem to have a lot more common sense than the idiots that run the US.

    1. Re:Once again Canada leads the way. by J+Story · · Score: 0

      I think I want to move to Canada when I retire. They seem to have a lot more common sense than the idiots that run the US.

      Canada is a fine place, but Americans should be warned that it lacks many wonderful products of "Murican" excess (like bacon-flavoured bacon bits, wrapped in bacon -- if that's a thing). And although most Canadians are proud of Canada and happy to be Canadian, flags do not wave on every building and in every front yard.

    2. Re:Once again Canada leads the way. by mark-t · · Score: 1

      Except for our idiotic (no matter from what side of the table you look at it) digital lock protections on copyrighted works, I agree, it's pretty good up here.

    3. Re:Once again Canada leads the way. by ebno-10db · · Score: 1

      bacon-flavoured bacon bits, wrapped in bacon -- if that's a thing

      Canada is a wonderful place, but one thing that Canadians do not know about is bacon. Hint: it's not ham. OTOH the British have great bacon (more meat than the American stuff). Go figure.

    4. Re:Once again Canada leads the way. by Anonymous Coward · · Score: 3, Funny

      sure it has more meat, horse is less fatty than pig, i would imagine :)

    5. Re:Once again Canada leads the way. by gstoddart · · Score: 5, Informative

      Canada is a wonderful place, but one thing that Canadians do not know about is bacon. Hint: it's not ham.

      Canadian bacon isn't ham, it's the same pork belly and loin as American bacon. Ham is the leg, it's an entirely different part of the animal.

      We have multiple kinds of bacon in Canada -- back bacon (which is the same as the British bacon you mention http://en.wikipedia.org/wiki/Back_bacon), Peameal bacon (http://en.wikipedia.org/wiki/Peameal_Bacon which is brined and rolled in pea meal), and plain old bacon.

      Well, I guess we also have that mysterious bacon which doesn't need to be refrigerated, which I assume is an invention of the US food industry.

      We know bacon, we just know more kinds than you do.

      --
      Lost at C:>. Found at C.
    6. Re:Once again Canada leads the way. by Gravitron+5000 · · Score: 1

      bacon-flavoured bacon bits, wrapped in bacon -- if that's a thing

      Canada is a wonderful place, but one thing that Canadians do not know about is bacon. Hint: it's not ham. OTOH the British have great bacon (more meat than the American stuff). Go figure.

      Sorry, but as a Canadian, if I ordered bacon and got ham, I would be quite perturbed, flabbergasted even. What you call Canadian Bacon, is known as back bacon up here. What we call bacon is the same as what you 'Merican's call bacon. Also, I was in a subway chain in the the US and ordered a BLT. They were using deep fried bacon. What an abomination. Fried all the flavour out of that poor excuse for bacon. What sort of deviant deep fries bacon, Eh?

    7. Re:Once again Canada leads the way. by wjwlsn · · Score: 2

      False. In Toronto, I've had bacon & bacon (with cheese!) on a kaiser. Yes, that's right... Canadian bacon topped with regular bacon (and cheese!). Even better, the same place had ham & bacon & bacon sandwiches too.

      Canadians (except the Jewish or Muslim varieties) love them some pork.

      --
      Getting tired of Slashdot... moving to Usenet comp.misc for a while.
    8. Re:Once again Canada leads the way. by mrsquid0 · · Score: 1

      Bacon in Canada is the same as bacon in the US. Perhaps you are thinking of back bacon, which Americans sometimes (erroneously) call Canadian bacon.

      --
      Just because you are paranoid does not mean that no-one is out to get you.
    9. Re:Once again Canada leads the way. by anethema · · Score: 1

      Actually "canadian bacon" does not come from the belly. It comes from the loin on the back of the pig. Plain ole bacon is pork belly bacon, which is the same here in Canada or in the USA (Though if you go elsewhere in the world, just asking for bacon often gets you back bacon).

      --


      It's easier to fight for one's principles than to live up to them.
    10. Re:Once again Canada leads the way. by Anonymous Coward · · Score: 0

      "Canadian Bacon" is an Americanism. In Canada (and the rest of the English speaking world) we generally call it "Back Bacon", or if it's rolled in cornmeal we call it "Peameal Bacon" (Which is a more specifically Canadian thing). Also, sometimes small boneless hams are sold as "Canadian Bacon" in the US, but this has nothing to do with us.

      Bacon is cured meat from the torso of a pig. Ham is cured meat from the hind leg of a pig. Different parts of the torso of a pig give different kinds of bacon. Streaky bacon comes from the belly, back bacon comes from the tenderloin.

  5. This comes just after... by Anonymous Coward · · Score: 1

    This comes just after some fat-ass cock sucker border crossing guy in Canada went through my phone and read all my text messages. He even laughed at some of them. He took up a lot of my time and then let me proceed into Canada. Hmm maybe this ruling wouldn't have helped... I'm not a Canadian citizen.

    1. Re:This comes just after... by Anonymous Coward · · Score: 1

      At least you go a free blow job out of it.

    2. Re:This comes just after... by Anonymous Coward · · Score: 0

      uh, he only went through your phone after he asked and you let him. you didn't have to waive your rights.

    3. Re:This comes just after... by J+Story · · Score: 4, Insightful

      uh, he only went through your phone after he asked and you let him. you didn't have to waive your rights.

      That's as may be, but it seems to me that the border, on both sides, is a kind of "no man's land", where the usual civil liberties don't apply. When US border agents have the authority to arbitrarily deny you admission to the US for years, it seems to me that refusing a "request" can be a high-risk game for the uninformed.

    4. Re:This comes just after... by Anonymous Coward · · Score: 0

      for not letting them check your phone? they won't detain you for that. not without probable cause.

    5. Re:This comes just after... by Anonymous Coward · · Score: 0

      they don't have to detain you, just deny you entry and tell you to fuck off.

  6. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  7. Canada and the US by ThorGod · · Score: 2

    The thing to remember is that the US is a much larger country. This is in terms of population. For that reason, there are likely to be more extremes in the US, just as a numerical property of a larger population.

    (Not really a complete thought, just thinking on /.)

    --
    PS: I don't reply to ACs.
    1. Re:Canada and the US by Anonymous Coward · · Score: 0

      Is funny how on one border you have this in the us http://yro.slashdot.org/story/13/03/26/2328250/real-time-gmail-spying-a-top-priority-for-fbi-this-year and in canada the oposite idea.

    2. Re:Canada and the US by MachDelta · · Score: 1

      That should make China and India some pretty extreme countries, no?

      Occam's razor might instead pin the weirdness on America, though. And I don't mean that to be insulting in any way, just to point out that that cultural perspectives are a hell of a thing.

    3. Re:Canada and the US by gstoddart · · Score: 1

      That should make China and India some pretty extreme countries, no?

      And you'd be right. Both countries have extreme poverty, and extreme wealth.

      And certainly I doubt that the majority of Indians will accept that a woman out after dark deserves to be gang-raped, yet some of their politicians made the suggestion that 'nice women' wouldn't be out alone in the first place.

      --
      Lost at C:>. Found at C.
    4. Re:Canada and the US by dunkelfalke · · Score: 1

      Both countries have extreme poverty, and extreme wealth

      And what does it have to do with country size? The same extremes do exist in tiny countries.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  8. Re:I don't get why this is hard to understand by Githaron · · Score: 3, Insightful

    How can anyone be in favor of both warrantless spying and democratic form of government?

    Those that are in favor are those in power or those that "think of the children" without actually pausing to consider what it means when those children become adults.

  9. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 3, Insightful

    It seems many people would rather the government give the appearance of trying to stop the terrorist bogeyman than respect people's freedom and privacy.

    --
    Filthy, filthy copyrapists!
  10. Re:I don't get why this is hard to understand by realityimpaired · · Score: 4, Interesting

    There are extreme circumstances where obtaining a warrant will take more time than you have, and in such cases, I don't oppose implementing a wire tap or intercepting communications to get the information needed, on two very important conditions: there is disclosure after the fact, and a warrant is subsequently obtained. The first speaks for itself, and for the second: If the warrant is not obtained for any reason, then any information gathered by this means can't be used in criminal proceedings. Given how much information can be gotten through such a tap, you'd better be absolutely certain that there is an urgent and immediate need to implement a tap, and that your evidence to justify it is adequate, otherwise you can throw your own case out by doing it.

    It is still possible to have that form of warrantless information gathering while still having an open and democratic government, but you need to be open about the information gathering too, when it happens. What passes for democracy in the states is a far cry from how I actually envision it.

  11. Summary incorrect by Anonymous Coward · · Score: 2, Informative

    As always, TFS is incorrect. Reading THE FIRST PARAGRAPH of the linked decision will tell you that.

    The police in this case obtained a general warrant and related assistance order under ss. 487.01 and 487.02 of the Criminal Code requiring Telus to provide the police with copies of any stored text messages sent or received by two Telus subscribers. The relevant part of the warrant required Telus to produce any messages sent or received during a twoweek period on a daily basis. Telus applied to quash the general warrant arguing that the prospective, daily acquisition of text messages from their computer database constitutes an interception of private communications and therefore requires authorization under the wiretap authorization provisions in Part VI of the Code.

    The police HAD a warrant. The court determined that a general warrant was not sufficient and that they required a specific WIRETAP warrant.

  12. How about facebook/google+/etc? by StripedCow · · Score: 1

    The next question: How is sending a written message to a selected number of friends on a social network different from doing the same with text messages on a phone?

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:How about facebook/google+/etc? by Schmorgluck · · Score: 1

      Because unless you use the private message feature (if there's one), it's not actually private. And even then it's just as private as the terms of service state it is.

      --
      There's nothing like $HOME
  13. Why wasn't this the law in the first place? by Anonymous Coward · · Score: 0

    If Canada has such an awesome legislative body, why did a court have to make this ruling? Wouldn't have this been on the books all along? /Am I not being anti-American enough for Slashdot?

    1. Re:Why wasn't this the law in the first place? by green1 · · Score: 2

      It was. That's what the court determined.
      Thing is, the law didn't talk about "text messages" it talked about communication. text messages didn't exist when the law was written. What the court ruled is that just because the tech didn't exist, doesn't mean that it isn't covered.

      Courts don't write laws. they interpret them. This time they interpreted what the original law "would have said" had it been written in an age where text messaging existed.

      We don't need a new law for every new piece of technology that comes along. What we need is laws that give the general outline, and courts that realize what the intent was originally and rule within it. "on a phone" or "on a computer" doesn't change what you're doing, it only changes how it is done, rule based on what was done, not how.

      The same court also ruled recently that Police need a warrant to search through your phone if it's password protected, but not if it is not, basically making it akin to your physical papers where they'd need a warrant to look through them if they were locked in a safe, but not if you left them lying on the desk and they were otherwise entitled to look at the desk.

      At the moment I'm relatively happy with our supreme court... (and I'd like to give some credit to TELUS on this one, as it was TELUS who challenged the general warrant in this case and pushed for the wiretap order instead. good on them holding the government to account.)

  14. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 3, Insightful

    There are extreme circumstances where obtaining a warrant will take more time than you have

    Too bad. Get a warrant.

    --
    Filthy, filthy copyrapists!
  15. Re:I don't get why this is hard to understand by fustakrakich · · Score: 0

    98% of the voters (in the US) voted for warrantless spying in the last election and the two previous ones before that. What could possibly be more 'democratic'?

    --
    “He’s not deformed, he’s just drunk!”
  16. Think about what you asked there. by Anonymous Coward · · Score: 0

    Think it through real hard.

    If you don't get the cognitive dissonance you are not smart enough to ask those sorts of questions.

    hint: If you so disdain the opinions of people who are going to be a (major) part of the democracy, why in the world would you want a democratic form of government?

    ironic captcha: wretch

  17. summary is incorrect by sdavid · · Score: 4, Informative

    The Supreme Court decision requires a wiretap authorization, which is harder to get than a warrant. A warrant was always required and no one was arguing that it wasn't. Telus, for whatever reason, stores its text messages for some time. In this case the cops wanted to access these stored text messages as they were coming in. To work around the more difficult requirements of a wiretap authorization, they used a general warrant on the grounds that this was saved correspondence, not live communication. The majority of the Court didn't buy that argument, saying that this went against the purpose of the wiretap provisions, which is to protect interactive communication. What's interesting is that the majority didn't get tied up in the specifics of how the messages were handled and went with this purposive analysis.

    1. Re:summary is incorrect by green1 · · Score: 2

      Which is exactly as it should be. the laws are all about intent, nobody cares how you do something, they care about the end result. "on a phone", "on the internet", "on the computer", "over text message" appended to the end of any existing action doesn't change the action. Laws should always be interpreted in a technologically agnostic way. Otherwise you'll never keep up with every new device invented that you failed to write in to the last version of the law.

      If you need special paperwork to eavesdrop on my phone, you'd better need the same paperwork to eavesdrop on my text messages, my instant chat, my VoIP account, and my future telepathic satellite link.

      I'm glad the Supreme Court of Canada seems to have figured this out, I'm just sadened that south of the border their courts don't get it (and unfortunately that usually comes back to bite us up here eventually)

  18. I wouldn't bet on it by stenvar · · Score: 1

    This can be changed with a simple new law, and Canadian conservatives have been pushing for that. Like many other nations, there are also numerous exceptions. Furthermore, AFAIK illegally obtained evidence is still admissible in Canadian courts, which is a huge loophole.

    1. Re:I wouldn't bet on it by m.ducharme · · Score: 4, Informative

      Illegally obtained evidence can be ruled still admissible in Canadian courts. It's not automatic, the trial judge would have to rule on the admissibility on a case by case basis, depending on
      1) the seriousness of the Charter-infringing conduct of the State
      2) Impact of the Charter-Protected Interests of the Accused
      3) Society's Interest in an Adjudication on the Merits

      Basically, if the charge is serious and the cop can come up with a good reason for the breach, the evidence will probably go in. If the officer in charge basically just didn't care about your rights and dumped all over them, well then the Crown would have some trouble.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
  19. Yes!!! by houbou · · Score: 3, Insightful

    As it should be. However, telephone companies should not be archiving them, without permission from the client.

    1. Re:Yes!!! by hawguy · · Score: 1

      Has any telco stated (or even implied) that txt messages are deleted from their system upon delivery? Since they have to store messages for some period of time to queue them for delivery and pass them around their network, I wouldn't be surprised if they end up on backup tapes and stored for quite some time.

    2. Re:Yes!!! by green1 · · Score: 1

      From what I understand the archive is for troubleshooting purposes. and is kept for 30 days. Without a lot more information about how they actually troubleshoot text message problems, it's hard for me to say if that's reasonable or not.
      I can however say I'm glad that TELUS pushed back on this, even with a general warrant they didn't release the information, even after loosing on appeal, they still pushed all the way to the Supreme Court to push for a wiretap order instead of the warrant. I am quite surprised that any company would go to all that effort to protect it's clients.

  20. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 1

    98% of the voters (in the US) voted for warrantless spying in the last election and the two previous ones before that. What could possibly be more 'democratic'?

    There was nothing on my ballot about that. If you're saying that voting for Candidate A is an automatic endorsement of all the policies claimed by that Candidate, then Go Fuck Yourself. Half the time they are lying, the other half the time they're contradicting themselves.

  21. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    98% of the voters (in the US) voted for warrantless spying in the last election and the two previous ones before that. What could possibly be more 'democratic'?

    Really? I find that interesting because I voted and there was nothing about warrentless spying on my ballot. Also there is no single issue that 98% of Americans agree on. We are a rather polarized country right now.

  22. Hurray, but... by ThatsNotPudding · · Score: 2

    How many warrant requests - even in Canada - are not automatically rubberstamped by Judge Judy when handsome Constable John Law comes calling? Especially when there is no one arguing against the request or even know it's occuring.

    It's the right ruling, but the effect will be depressingly miniscule.

    1. Re:Hurray, but... by TheGratefulNet · · Score: 1

      this is a problem that no one addresses.

      yeah, 'get a warrant' is bullshit if its rubberstamped.

      what we need is a check-balance system that involves CITIZENS (not those in power or officials or politicians or judges). citizens will more likely push back on invasions of their privacy. who else speaks for us? only us!

      therefore, I would propose that every single fucking warrant gets reviewed (afterwards) and if the citizen committee finds that it was not just, there would be PAIN involved for those that committed the crime (the crime being invasion of privacy). pain would be in the form of money that really hurts (if you are super rich, you get super fined, etc); and/or jail time. something with teeth to make those in power think twice about pulling this bullshit. and yes, even the judge who signs the warrant would be held in contempt and see real actual jail time.

      those who control things have nothing to fear in today's america.

      this is wrong and should be fixed.

      (no, I'm not holding my breath; only talking about what I think -should- be; not what I think this country will actually do to fix the problem).

      --

      --
      "It is now safe to switch off your computer."
  23. Re: I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    There are extreme circumstances where obtaining a warrant will take more time than you have

    BS. In this province, police can get a warrant via video conferencing combined with fax/e-mail, and IIRC that's 24 x 7.

    The only way that could take too long is either if the judge delays in issuing the warrant (which would because the police haven't presented adequate grounds for a warrant), or if there is a life threatening emergency (in which case there is sufficient evidence in plain sight to arrest the perpetrators; i.e. no warrant would be immediately needed).

  24. Re:I don't get why this is hard to understand by Reverand+Dave · · Score: 1

    So it's okay to get a warrant to obtain information using information obtained without a warrant? Or if you suspect you need a warrant but can't get one and you're afraid it might be too late? How about we just start preemptively start pulling people over for speeding because they are going downhill. I guess the whole concept of innocent until proven guilty is kind of lost here isn't it.

    The authorities should not have a right to go on a fishing expedition and hope they find something incriminating. If they need evidence they need to obtain it legally, that is what they are supposed to do because that is the law. If they need to break the law to enforce the law, doesn't that just tell you how silly it is to begin with?

    When it comes to the point that the authorities cannot follow their own rules to enforce them then where does the line between good guy and bad guy lay? I mean if we as a society condone using bad guys to catch bad guys then why bother with the whole charade to begin with?

    --
    I got here through a series of tubes
  25. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    Too bad. Get a warrant.

    There was a case in my country some years ago when a teenage girl disappeared. If I remember correctly the police took about a day to get a warrant to use her mobile phone to locate her. She was later found dead (I don't remember if her phone did play a role in finding her and guy who killed her). There was a small media controversy if that was the right approach, or if they should have the right to do it without a warrant in such cases. In the end it turned out that she was already dead at that time, so it would not have mattered, and the controversy turned down.

    I think this is a valid example for a case where the police should have the right to just do it and get the warrant retrospectively. Such a policy has a good chance of saving some lives over the years; it doesn't even need to be a crime, there was a case recently where a car crashed on a forest road and ended up at the lower end of a slope, out of sight of the road, and was not found for several days. Of course there should be checks and balances, e.g. the cases where they are allowed to do so should be exclusively enumerated to prevent misuse of that privilege, and if the warrant is not granted they should have to end surveillance immediately and delete all data.

  26. Post-warrant by phorm · · Score: 1

    I was under under the impression that there was the ability to have immediate action based on critical need (lives endangered etc), after which the warrant could be requested. The caveat being that frivolous use of this would be dealt with harshly.

    E.G. if it's used in a non-critical event, any evidence obtained would be considered tainted/inadmissible.

    1. Re:Post-warrant by realityimpaired · · Score: 1

      That's kind of exactly the exemption I was talking about....

  27. Let me translatarate... by denzacar · · Score: 1

    The thing to remember is that the US is a much larger country. This is in terms of population. For that reason, there are likely to be more extremes in the US, just as a numerical property of a larger population.

    The grandparent poster meant "extremes" as in "people who lean towards extreme positions on some scale".
    The actual word he was looking for is "extremists".

    And yes, a larger population would have a greater number of extremists - all other things being equal.
    Which they are kinda not.

    Total number of extremists in a given population is a function of the percentage of their prevalence in said population and the size of that very same population.
    2 million gingers in a country of 200 million here they represent 1% of population, is not the same situation as 2 million gingers in a country of 4 million where they are 50% of population.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  28. Re: I don't get why this is hard to understand by realityimpaired · · Score: 1

    or if there is a life threatening emergency (in which case there is sufficient evidence in plain sight to arrest the perpetrators; i.e. no warrant would be immediately needed).

    Unless, say, the whereabouts of the suspect was unknown, in which case you'd need a warrant to subpoena their cell phone data to get a location....

  29. Re:I don't get why this is hard to understand by realityimpaired · · Score: 1

    So it's okay to get a warrant to obtain information using information obtained without a warrant? Or if you suspect you need a warrant but can't get one and you're afraid it might be too late? How about we just start preemptively start pulling people over for speeding because they are going downhill. I guess the whole concept of innocent until proven guilty is kind of lost here isn't it.

    That's a slippery slope, and you know it. Any lawyer worth their salt would have a field day in court against police using a warrant in such a manner. In fact, I do believe that's how Gotti managed to get off a few times....

    The exemption I'm talking about is in the case where there's a life threatening emergency, and you simply don't have the time to get a warrant, in which case as long as the need was immediate, you disclose that it's been done, and the warrant is issued after the fact (on basis of the information you already had), then I don't see any wrong having been done. When I went to the point of saying that anything you got would be inadmissible if the warrant wasn't subsequently issued, I have no idea how you're stretching that to mean what you claim it would...

  30. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 4, Insightful

    Such a policy has a good chance of saving some lives over the years

    I'd much prefer that a few lives be lost than allowing for random exceptions. As I keep saying, I'd be against the TSA even if it was actually effective.

    --
    Filthy, filthy copyrapists!
  31. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 1

    There was a case in my country some years ago when a teenage girl disappeared. If I remember correctly the police took about a day to get a warrant to use her mobile phone to locate her.

    They could have just as easily asked the parents/guardians of said teenage girl (read: minor) if they couldl tap her cell phone to locate her.

    Police don't need a warrant to search your home if they simply ask and you invite them in; the warrant merely allows them to not take no for an answer.

  32. Re:Oh, Canada (rolls eyes). by Anonymous Coward · · Score: 0

    Canada is a ridiculous right wing myth. There is no Canada.

  33. Lock your phones with a password anyway! by wjwlsn · · Score: 2

    Just last month, the Ontario Appeals Court ruled that a cellphone that's not digitally locked (such as with a password) can be searched without a warrant... but if locked, a warrant is required.

    http://yro.slashdot.org/story/13/02/21/1343231/cellphone-privacy-in-canada-encryption-triggers-need-for-warrant

    Now the Canadian Supreme Court says that access to text messages requires a warrant. This is interesting because the Ontario case from last month involved text messages that were searched without a warrant.

    http://arstechnica.com/tech-policy/2013/02/cops-can-search-mobile-phoneonly-if-its-not-password-protected/

    I would assume that the Canadian Supreme Court ruling takes precedence over the Ontario Appeals Court ruling... for text messages. However, photos, video, chat logs, etc apparently don't get the same protection.

    So... lock your phone with a password, no matter what... even if it's just a minimal one that's easy to type.

    --
    Getting tired of Slashdot... moving to Usenet comp.misc for a while.
    1. Re:Lock your phones with a password anyway! by Anonymous Coward · · Score: 1

      this is about warrants to the service provider, not physically searching someone's phone.

    2. Re:Lock your phones with a password anyway! by wjwlsn · · Score: 1

      Ha... that's what I get for skimming!

      --
      Getting tired of Slashdot... moving to Usenet comp.misc for a while.
  34. Good thing it's not a warrant they need then... by denzacar · · Score: 2

    It's "wiretap authorization". And more...

    From the ruling:

    The technique sought to be authorized here is not the substantive equivalent of a wiretap authorization. On the facts of this case, a wiretap authorization alone would not allow the police to obtain the information that Telus was required to provide under the general warrant. Three separate authorizations would be required in order to provide the police with the means to access the information provided to them under the general warrant. Therefore, even if one were to accept reading into s. 487.01(1)(c) a âoesubstantive equivalencyâ test, neither the facts nor the law would support its application in this case.

    I.e. What they were asking for was not covered by a single type of warrant. They would need three different authorizations for all that.

    The conditions for issuing a production order are similar to those for a search warrant. The issuing justice or judge must be satisfied by information on oath that an offence has been or is suspected to have been committed, the documents or data will afford evidence respecting the commission of the offence and that the person to whom the order is directed has possession or control of the documents or data (s. 487.012(3)). In addition, the person to whom the order is directed cannot be a person under investigation (s. 487.012(1)).

    unlike search warrants and production orders that may be issued by judges or justices of the peace, general warrants may only be issued by judges (s. 487.01(1)). Second, âoethe judge [must be] satisfied that it is in the best interests of the administration of justice to issue the warrantâ (s. 487.01(1)(b)). Third, a general warrant must âoecontain such terms and conditions as the judge considers advisable to ensure that the search or seizure authorized by the warrant is reasonable in the circumstancesâ (s. 487.01(3)). Fourth, a general warrant may be issued only if âoethere is no other provision . . . that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be doneâ (s. 487.01(1)(c)). In other words, a general warrant may not be used to authorize a âoetechnique, procedure or device to be used or . . . thing to be doneâ if there are other provisions in the Code (or elsewhere) that could authorize it.

    An authorization to intercept private communications under Part VI of the Code allows police to receive messages as they are being sent or received by subscribers. These sorts of authorizations are subject to even more strict conditions than those which apply to general warrants. They may only be issued by a judge of a superior court of criminal jurisdiction. The Attorney General, the Minister of Public Safety and Emergency Preparedness or a specially designated agent must bring the application (s. 185(1)). There are specific and detailed provisions relating to what must be placed before the judge. The issuing judge must be satisfied not only that it would be in the best interests of the administration of justice to issue the authorization but also that the so-called âoeinvestigative necessityâ test has been met (s. 186(1)). This means that the judge must be satisfied that âoeother investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative proceduresâ (s. 186(1)). The authorization may generally not be valid for more that 60 days (s. 186(4)(e)) and there are notice and reporting requirements (s. 196).

    In short, they'd need to "rubberstamp" the Attorney General or the Minister of Public Safety and Emergency Preparedness.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:Good thing it's not a warrant they need then... by Fierlo · · Score: 1

      Somehow, I think Vic Toews would be okay with wiretapping everyone. After all, you're either with him, or the child pornographers.

  35. Re:I don't get why this is hard to understand by Zeromous · · Score: 1

    It's called Fascism, and most people have forgotten what it looks like.

    --
    ---Up Up Down Down Left Right Left Right B A START
  36. Re:Oh, Canada (rolls eyes). by ebno-10db · · Score: 1

    It's a Potemkin country. I went up "there" once, and somebody obviously went through a lot of trouble to create a fake country. But for all the effort, they didn't do a very good job. They didn't even change the accents.

  37. Re:I don't get why this is hard to understand by fustakrakich · · Score: 0

    ...Go Fuck Yourself...

    I suppose I could do that, but it wouldn't change the fact that a vote for a candidate is an endorsement of his actions. You shouldn't pay attention to what they say, especially when it conflicts with what they do. This seems to be a point that flies high over peoples' heads.

    --
    “He’s not deformed, he’s just drunk!”
  38. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    ...there was nothing about warrentless spying on my ballot...

    Reelecting a politician that authorized it is a vote for warrantless wiretapping. Maintaining the status quo is a single issue that over 98% of the voters agree on.

    --
    “He’s not deformed, he’s just drunk!”
  39. Re:I don't get why this is hard to understand by Reverand+Dave · · Score: 3, Interesting

    No shit it's a slippery slope. The whole thing is a slippery slope which is why you have to objectively say "no" right out of the gate. There are already a special set of rules for life threatening situations. The police don't need a warrant to enter your house if you're holding a gun to someone's head. The don't need a warrant to arrest you if you're waving a gun around in public. Those are separate issues than spying on someone and if a threat is really imminent enough that you need to illegally tap a phone to save a life, you're kind of already too late. Make the police do the job they were hired to do like everyone else. No cutting corners. Period.

    --
    I got here through a series of tubes
  40. Some judges actual have common sense by kualla · · Score: 1

    "The CBC reports: '[Supreme Court Justice Rosalie Silberman] Abella said the only practical difference between text messaging and traditional voice communications is the transmission process." I wish judges in USA all were this intelligent... So many laws have been passed to benefit big business that I think judges get confused and forget about the basic fundamental laws.

  41. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    What passes for democracy in the states is a far cry from how I actually envision it.

    Democracy is process for allowing governed people a voice in the laws that govern. It is only a process, a means, it is not the object or ends. The majority cannot have unlimited power, if the government is to have limited power. The purpose of a constitution is to limit the power of government, or of the majority, over the individual citizen. Without a constitution (hard limits on power) that is accepted by the all, and protected by all, the government will constantly encroach on peoples liberties and freedoms. I would say the constitutional government of the states is a far cry from what one might expect.

  42. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    ...there was nothing about warrentless spying on my ballot...

    Reelecting a politician that authorized it is a vote for warrantless wiretapping. Maintaining the status quo is a single issue that over 98% of the voters agree on.

    Making up statistics doesn't make them real. If it were an actual statistic you would cite the source.

    Voting for someone who I agree with on the majority of issues but disagree with on a minority of issues is not condoning warrantless wiretapping, even if that individual once authorized it. If we followed your logic, we become morally bankrupt when we cast a vote for any politician that we even slightly disagree with. It is nonsensical to expect that every person that votes for someone agrees with 100% of the candidate's issues.

    Who exactly is it that I voted for that condones warrantless wiretapping? Oh yeah, you don't even know who I voted for.

    Who do you think you are to be so morally high that you can be didactic to me about who I vote for? I am entitled to my freedom to vote for whomever, and no one ever needs to justify who they voted for.

  43. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    It's called Fascism, and most people have forgotten what it looks like.

    Maybe if you were completely ignorant of what Fascism means, then perhaps you have a case. As long as the US is a democracy with free elections and a capitalistic economy, there is no way you can remotely call us Fascist. Why? The US employs checks and balances. Term limits for presidents, for one, completely unravels your argument.

  44. Re:I don't get why this is hard to understand by fustakrakich · · Score: 0

    You're making shit up. I never told you who to vote for. However, if you vote for a politician that voted for warrantless wiretapping, then you did too. It's that simple, regardless of the other issues. On that 98%, 51.1% voted democrat. 47.2% voted republican. You do the math.

    --
    “He’s not deformed, he’s just drunk!”
  45. Re:I don't get why this is hard to understand by Darinbob · · Score: 1

    I still think the warrant must be obtained in advance. Otherwise the ability to do this will be abused. It's better to let a few guilty people go in this case. For special circumstances we already have special police-friendly courts that rubber stamp warrants. This is a fundamental principle that we shouldn't relax.

    The government and law enforcement agencies around the world have proved through long experience that they will not voluntarily restrict their powers but will instead stretch it as far as they can.

  46. Re:I don't get why this is hard to understand by Darinbob · · Score: 3, Insightful

    I think the correct response in this situation is that the police break the law, save the girls life, then go to jail with a clear conscience. If it is important enough to not require a warrant then it should also be important enough to accept the consequences of not having a warrant.

    But once you give special exemptions that don't require warrants, law enforcement agencies will continue to expand that loop hole until it encompasses anything they want.

  47. Re:I don't get why this is hard to understand by Xeno+man · · Score: 1

    If everyone only voted for someone they agree with 100% on all issues and policies, than 99.999% of all people wouldn't vote. The only people that you will agree with 100% is yourself. What it boils down to is that someone is going to be in charge and of the options presented you are going to support either the guy you mostly agree with or the guy that doesn't support that thing you really hate.

  48. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    Taking the opposite extreme only makes the other side dig in deeper. A middle ground is best.

  49. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    You're making shit up. I never told you who to vote for. However, if you vote for a politician that voted for warrantless wiretapping, then you did too. It's that simple, regardless of the other issues. On that 98%, 51.1% voted democrat. 47.2% voted republican. You do the math.

    You were clearly being didactic, sir, and you were clearly saying that the reelected parties should not have been elected, thus you were telling me, as I am sure you define me in your 98%, who I should be voting for. I say its not your business, and I'll vote without fear of your judgements.

    "Its that simple," you say. I say there is nothing simple about warrantless wiretapping, and your attempts to blame 98% of voters is unfounded.

    You still have to CITE A CREDIBLE SOURCE. You haven't even defined who these elected people are, or what specific election this involves. No, you just write down some numbers and say I told you so. Your math does not work because I rejected the assumptions you based those numbers on.

    You have no credible argument just unsupported opinions.

  50. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    Taking the opposite extreme only makes the other side dig in deeper.

    What?

    A middle ground is best.

    That's your opinion. Obviously I disagree that the "middle ground" is the best choice here. I don't care for them having the ability to take action without a warrant for things that a judge would possibly never have given a warrant for to begin with, which is what would happen in some cases if such a thing was allowed.

    --
    Filthy, filthy copyrapists!
  51. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    ...you were clearly saying that the reelected parties should not have been elected...

    You will have to point to where I said that. I'll wait...

    --
    “He’s not deformed, he’s just drunk!”
  52. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    You're making shit up. I never told you who to vote for. However, if you vote for a politician that voted for warrantless wiretapping, then you did too. It's that simple, regardless of the other issues. On that 98%, 51.1% voted democrat. 47.2% voted republican. You do the math.

    Do you know what the word didactic even means? Here let me tell you what the Oxford English dictionary says:

    Having the character or manner of a teacher or instructor; characterized by giving instruction; having the giving of instruction as its aim or object; instructive, preceptive.

    As you were clearly trying to give us instruction on this 98% number, you thus became didactic. I never said you told me explicitly who to vote for, but I reject your judgement of this so-called 98%, and I further reject you basic assumptions regarding voting and how voting for candidates somehow becomes voting directly on the issues.

    There is nothing simple about warrantless wiretapping.

    Your numbers do not add up because I rejected your premise. Next time try citing credible sources before you make your argument, because at this point you have no argument, just an opinion, and some numbers you made up. I must conclude they are made up because you have not provided a credible source, even after you decided to break it down by party.

  53. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    "98% of the voters (in the US) voted for warrantless spying in the last election and the two previous ones before that. What could possibly be more 'democratic'?"

    Your use of both a made up statistic and the rhetorical mechanic of a question with quotations around democratic denotes contextual negativity and thus reveals your opinion about who should be elected.

  54. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    Since you insist on trying to deflect the issue, I will tell you this, if your vote can have a negative effect upon me, then I have every right to try to influence that vote. Your compromising has consequences that extend beyond yourself.

    And yes, some things are that simple. Needless complications are nothing but distractions and contribute nothing useful.

    --
    “He’s not deformed, he’s just drunk!”
  55. Tell me more about this word... by SuperCharlie · · Score: 1

    What is this word "private" .. it interests me.

  56. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    Yeah well, when the guy you vote for can have me thrown into prison, I won't be shy to tell you how I feel about it.

    --
    “He’s not deformed, he’s just drunk!”
  57. Re:I don't get why this is hard to understand by godless.temple · · Score: 1

    I've unravelled every argument you tried to make, and yes I found my slashdot login. You asked me where you said whom I should vote for and I quoted you and explained how to derive my interpretation from your words. Now you claim that I am deflecting things. I'm deflecting nothing. I am attacking your opinion that you disguise as an argument. You have every right to post to this board and attempt to to sway public opinion. I have every right to publicly say you don't get to decide who anyone votes for but yourself. I have the right to reveal your use of an opinion as an argument. No. Its not simple. Just saying its simple does not make it so. Using made up statistics doesn't make it so. Warrants and what the police are allowed to do in any nation is not simple. By attempting to reduce it to simplicity you are attempting to minimalism the actual argument that people need to discuss. Is warrantless wiretapping wrong?

  58. Re:I don't get why this is hard to understand by godless.temple · · Score: 1

    What are you hiding that an warrantless wiretap would reveal? You don't know who I vote for. I never said whom I vote for. You didn't define what candidates your referencing or even what election its from. You never even asked me if I support warrantless wiretapping. Now please explain to me how the guy I voted for is going to put you in prison. You cannot. I won't be shy about attacking your line of thinking.

  59. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    Is warrantless wiretapping wrong?

    Yes. The institutional authority that perpetrates it is corrupt, by nature, especially for the lack of oversight.

    Made up statistics? No, the official vote count. That's the best we can go by. 98.3% voted to maintain things as they are.

    You can rationalize that any way you like, but there it is.

    --
    “He’s not deformed, he’s just drunk!”
  60. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    What are you hiding...?

    Ah, thank you!

    You don't know who I vote for.

    Fine.. If the guy you vote for can have me thrown into prison...

    --
    “He’s not deformed, he’s just drunk!”
  61. Re:I don't get why this is hard to understand by godless.temple · · Score: 1

    Is warrantless wiretapping wrong?

    Yes. The institutional authority that perpetrates it is corrupt, by nature, especially for the lack of oversight.

    Made up statistics? No, the official vote count. That's the best we can go by. 98.3% voted to maintain things as they are.

    You can rationalize that any way you like, but there it is.

    I agree that warrantless wiretapping is wrong. That is my opinion. Governments are not corrupt by nature, nor is an entire government suddenly corrupt because an elected official supports warrantless wiretapping. Again I ask what election and what candidates? Are you so crass as to base this futile opinion on a presidential election? We have two choices. I chose the one I believe in.

  62. Re:I don't get why this is hard to understand by Sabriel · · Score: 1

    Hmm. Are the hypothetical situations you named really all that different? Every one of them is about an immediate life threatening situation, whether it's entering a house (officer discovers you're about to shoot a hostage) or tapping a phone (officer discovers you're about to order where to plant a bomb), and the same rules can be applied (a short period after the fact to prove to a judge your decision was justified or kiss your badge goodbye).

    Makes me wonder if you might live in one of those places where you're already on the slippery slope and looking for a brake.

  63. Re:I don't get why this is hard to understand by Sabriel · · Score: 2

    Dear AC, if you think term limits for presidents "completely unravels" an argument that a country is fascist, you're out of your gourd.

    As for checks and balances, see http://en.wikipedia.org/wiki/Iron_triangle_(US_politics) and http://en.wikipedia.org/wiki/Tactical_voting - real life is not as simple as you'd like it to be.

    Free elections and a capitalistic economy do not guarantee a non-fascist democracy if the outcome is predetermined. Sort of analogous to an ocean with big undercurrents on a calm day. You wanted to swim that way? Swim all you like, you're going another way, and if there's not enough reference points you don't even realise it, let alone why.

    And is the US fascist? I think... no. Not yet. But it's generally the mark of the insane to just close your eyes and recite 'la la la I can't hear you' when anyone dares point out any cracks in the brickwork.

  64. Re:I don't get why this is hard to understand by fustakrakich · · Score: 1

    The tiniest bit of dabbling in laws of nature will clearly reveal the inherent corruption (from a supposedly human standpoint) of all powerful institutions and individuals. Our philosophy has yet to confront, much less overcome our biology.

    We have more than two choices. I must assume from your post that you chose between the two dominant ones, I hope not based on some 'lesser evil' crap. If you did, I will also have to assume that warrantless wiretapping isn't really a priority of yours. Feel free to state otherwise. The numbers are from the 2012 presidential election. I don't understand your obsession over this, or why I must spoon feed everything to you, aside from a diversion.

    --
    “He’s not deformed, he’s just drunk!”
  65. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    The situations he described seem to all include people who are in plain sight and putting other people's lives in harm's way; no searches are required in such situations.

  66. Re:I don't get why this is hard to understand by taucross · · Score: 1

    It's a tricky discussion for most because there can always be extenuating circumstances. If one's child were abducted, they knew it was the other parent (as is mostly the case), and there was imminent harm, a policy of retrospective warrants should be considered as a possibility.

    This isn't a "think of the children" argument, it's just that I would make a small sacrifice (of personal liberty) to perhaps save someone that someone else holds near and dear. And I would hope that they would make that sacrifice for me if the worst should happen. Lots of people think that way. It's not that I don't think privacy is important, I just think there are lots of more important things I can trade it for.

    --
    "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
  67. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    This isn't a "think of the children" argument

    It's an argument not dissimilar to one the TSA would make, with the only real difference being that it's not about the terrorist bogeyman.

    it's just that I would make a small sacrifice (of personal liberty) to perhaps save someone that someone else holds near and dear.

    That's where you and I differ. I think we've been making far too many 'small' sacrifices as of late and that this 'protect us at the expense of freedom' mentality is poison.

    --
    Filthy, filthy copyrapists!
  68. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    (-1 Troll) Oh my! The shills are really on the attack!

  69. Not just a warrant, but a wiretap warrant by Anonymous Coward · · Score: 0

    They ruled that police don't just need a warrant, but a wiretap warrant (takes longer to get, more restrictions). There is only one ISP - Telus - that this primarily applies to as the other ISP's don't store text messages at all. Telus stores them for 30 days (and I don't know why). The court ruled that texts are just like phone calls, and are protected in a similar way.

  70. Not so fast there Baba Louie⦠by dogsbreath · · Score: 1

    ⦠a friend of mine and his wife just passed the Canadian citizenship test. I said 'Congrats! You have just earned the right to bitch about everything along side the rest of us. And what's the deal with the Oilers eh?'

    He said that's exactly what his wife said (minus the hockey bit).

  71. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    If everyone only voted for someone they agree with 100% on all issues and policies, than 99.999% of all people wouldn't vote.

    They don't need to vote for candidates they agree with 100%; they just need to not vote for people who want to take away our freedoms.

  72. Re:I don't get why this is hard to understand by Zeromous · · Score: 1

    Indeed, I never said the US was fascist. I said Fascists generally start with:

    > both warrantless spying

    and continue the appearance of:

    > democratic form of government?

    --
    ---Up Up Down Down Left Right Left Right B A START
  73. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    >I think we've been making far too many 'small' sacrifices as of late and that this 'protect us at the expense of freedom' mentality is >poison.

    That's just your opinion, and it is subjective.
    What gives you the right to force your ideals on other people at the expensive of their lives?

  74. US Values by DarthVain · · Score: 1

    http://www.wired.com/threatlevel/2011/09/cellular-customer-data/

    At least in the US most keep it for a period of time.

    I would assume the same in Canada, but I would hope the interval is shorter.

  75. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    That's just your opinion, and it is subjective.

    Correct. Notice the "I think."

    What gives you the right to force your ideals on other people at the expensive of their lives?

    What gives you or I the right to do anything? I don't think your question is very meaningful because it seems to assume that there is some entity that gives us the right to do things, and there is no evidence to suggest that that is the case. I simply advocate for things that I agree with, just as you do.

    That said, I could just as easily say, "What gives you the right to force your ideals on other people at the expense of their freedoms?"

    A bit amusing is the fact that this is something that I'd imagine would come out of a TSA supporter's mouth...

    --
    Filthy, filthy copyrapists!
  76. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    Personally I'm neutral on the TSA. All the TSA means to me is that the airport security guys have a badge that says TSA.
    Before 911, the airport security guys had a badge that said something different on it.
    How does the TSA impinge freedom any more than the pre-911 system?
    I honestly don't know, so if anybody knows the answer I am happy to read and learn.

  77. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    Before 911, the airport security guys had a badge that said something different on it.

    Before 9/11, you weren't getting fondled and searched by goons from a government agency. If you need to ask how your rights are being violated, I don't really know what to say.

    --
    Filthy, filthy copyrapists!
  78. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    So you were ok with the fondling and searching when it wasn't done by a government agency?

  79. Re:I don't get why this is hard to understand by Anonymous Coward · · Score: 0

    I feel that my rights are violated by red traffic lights.
    I assert my rights by running these red lights and getting traffic tickets.
    Civil disobedience at its best.
    My freedom to drive how I feel fit trumps other people's rights to perceived safety from car accidents.

  80. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    I don't remember getting fondled at all before 9/11, truth be told. Furthermore, a search conducted by the government is different from a private company scanning your luggage with a metal detector.

    --
    Filthy, filthy copyrapists!
  81. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    I suppose you thought you were being clever by implicitly saying that I believe that the freedom to do something trumps safety in all cases, but I must inform you that that's not really what I believe. Or is my interpretation incorrect?

    --
    Filthy, filthy copyrapists!
  82. Re:I don't get why this is hard to understand by cheekyjohnson · · Score: 1

    I don't remember getting fondled at all before 9/11, truth be told.

    And I'd be against any such fondling if it were being done by a private company. I definitely wouldn't go to any such airports. I may even go so far as to say that they shouldn't even be allowed to do that to begin with.

    Oh, and I'd be perfectly happy even without metal detectors. Take your security theater elsewhere, and I'll gladly fly on a plane knowing that there's an absolutely minuscule chance that a terrorist will not only break through the secured cockpit doors (the only decent change since 9/11) but also not cause every citizen on board to murder him/her.

    --
    Filthy, filthy copyrapists!