Harper Conservatives' relentless attack on the internet
Connie Fournier
May 26, 2010
Whether you know it or not, we have a very, very serious problem in Canada right now. As you will see shortly, our government has been chipping away at our internet freedom and privacy in an alarming way. If this doesn't stop, Canadian cyberspace is going to be as tightly controlled as our television and radio airspace under the CRTC.
Alarm bells have been going off for me for awhile now, but even I was shocked when I took all of the government bills regarding the internet and put them in one place. Our freedom is in grave peril!
Below is a list of government bills that were proposed by Harper's Conservatives over the past few years. The bill number is a link to the text of the documents. I have also included the name of the MP who introduced each bill, the status of each bill, and a bit of commentary (from linked sources) that outlines the dangers of each bill.
Please take a good look at this list and pass it along to your friends. We have to stop this before it's too late!
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=3&Mode=1&Pub=Bill&Doc=C-22_1>C-22</a> An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (Protecting Children from Online Sexual Exploitation Act)
Indroduced by: Rob Nicholson
Status: Passed first reading on May 6, 2010
Details:
Bill C-58, reintroduced
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3832885&Language=e&Mode=1&File=29#1>C-27</a> An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act
(Electronic Commerce Protection Act)
Introduced by: Tony Clement
Status: Passed Third Reading, Reintroduced on May 25, 2010 after prorogue
Details
The ECPA designates the CRTC as the main regulatory agency responsible for pursuing administrative penalties against those who violate the Act (clause 14). The CRTC is given numerous powers in relation to this mandate, including the right to cause a demand to be served on a telecommunications provider to verify compliance with the ECPA, and to prevent disclosure of that demand for the purposes of protecting an investigation (clause 15).(19) The telecommunications provider, which is required to preserve data for the purposes of complying with the demand, is entitled to apply for a review if either the preservation of data or non disclosure would place an undue burden upon it (clause 16).
The CRTC also has the power to require that a person produce a document in his or her possession or control, or to require preparation of a document based on data, information or documents in the possession or control of that person (clause 17). Again, anyone subject to such a requirement has the right to apply for review on the grounds of unreasonableness or the possibility of disclosing privileged information, or to seek conditions on the disclosure (clause 18). The CRTC may also apply to a justice of the peace for a warrant to enter a place of business pursuant to the ECPA, and unless the warrant contains different conditions, may then examine anything found there, use any means of communication found there, and examine or use any computer systems, documents, and copying equipment found there. It may also remove, for copying or examination, anything found at the place it has entered, and it may prohibit or limit access to the place itself. The owner of the place is required to give all reasonably required assistance to the CRTC under such circumstances (clause 19).
http://www2.parl.gc.ca/Sites/LOP/Legisl ... violations
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=2&Mode=1&Pub=Bill&Doc=C-47_1>C-47</a> An Act regulating telecommunications facilities to support investigations (Technical Assistance for Law Enforcement in the 21st Century Act) -
Introduced by: Peter Van Loan
Status: Passed second reading, died in committee due to prorogue
Details:
Technical Assistance for Law Enforcement in the 21st Century Act (Bill C-47) will require Internet Service Providers (ISP’s) and other “telecommunications service providers” to install equipment facilitating the interception of communications, and to allow police access, without a warrant, to the personal information of users including names, addresses, telephone numbers, email addresses and internet protocol addresses.
Section 16 of the Technical Assistance for Law Enforcement in the 21st Century Act provides that the Commissioner of the Royal Canadian Mounted Police, the Director of the Canadian Security Intelligence Service and the head of a police service constituted under the laws of a province may designate a limited number of persons who may request particular personal information from a telecommunications service provider.
http://www.slaw.ca/2009/06/24/canada%E2 ... -concerns/
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=2&Mode=1&Pub=Bill&Doc=C-46_1>C-46</a>
Investigative Powers for the 21st Century Act An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act
Introduced by: Rob Nicholson
Status: Passed second reading, in committee, died due to prorogation
Details:
It is pretty much exactly what law enforcement has been demanding and privacy groups have been fearing. It represents a reneging of a commitment from the previous Public Safety Minister on court oversight and will embed broad new surveillance capabilities in the Canadian Internet.
- ISPs will be required to install surveillance capabilities in their networks.
- Second, the bill requires all ISPs to surrender customer name, address, IP address, and email address information upon request without court oversight.
- Police will be able to obtain transmission data about Internet-based messaging.
- Police can obtain a preservation order that would require ISPs to preserve (ie. not delete) data related to a particular subscriber or even a specific communication.
- There is an expansion of the police power to obtain a tracking warrant, by allowing police to "remotely activate existing tracking devices that are found in certain types of technologies such as cell phones."
- The law expands the computer virus provision in the Criminal Code and opens the door to greater international cooperation of cybercrime enforcement.
http://www.michaelgeist.ca/content/view/4069/125/
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=2&Mode=1&Pub=Bill&Doc=C-58_1>C-58</a> An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service
(Child Protection Act (Online Sexual Exploitation))
Introduced by: Rob Nicholson
Status: Passed second reading, died in committee due to prorogue
Details:
The bill extends beyond just Internet service providers by including those who provide Internet access, hosting, or email services. In other words, services such as Google, Hotmail, and Facebook are all covered.
http://www.michaelgeist.ca/content/view/4594/159/
This bill marks the second piece of legislation this year that opens the door to far greater ISP policing and monitoring of their networks. ISPs are quietly being deputized as law enforcement assistants, with new requirements to install surveillance capabilities and provide information on their subscribers and their activities.
Earlier this year, the government introduced lawful access legislation (Bills C-46 and C-47) that places Internet providers at the very centre of online crime investigations. The bills establish technological surveillance requirements with the government promising funding to offset the new equipment costs. They also feature mandatory disclosure of customer data, including name, address, IP address, and email address upon law enforcement request without court oversight. The bills even create the possibility of law enforcement paying ISPs for their time and trouble in handing over subscriber data. http://www.michaelgeist.ca/content/view/4594/82/
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=39&Ses=2&Mode=1&Pub=Bill&Doc=C-21_4>C-21</a> An Act to amend the Canadian Human Rights Act -
Introduced by: Chuck Strahl
Status: Royal Assent
Details:
This Act removed the section of the Canadian Human Rights Act that exempted people under the Indian Act. Basically, Canadians who were fortunate enough to have protection from Section 13, can now be targets. This is the Bill that MPs were told to refer to if constituents asked about CHRA reform. The "talking points" memo created a stir on the internet at the time.
http://forlifeandfamily.blogspot.com/20 ... ights.html
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=39&Ses=2&Mode=1&Pub=Bill&Doc=C-61_1>C-61</a> An Act to amend the Copyright Act
Introduced by: Jim Prentice
Status: First Reading, Being reintroduced with an intent to be passed in June: http://www.michaelgeist.ca/content/view/5008/125/
Details:
“The effects of a draconian copyright bill in Canada can be far reaching. Things Canadians take for granted, like copying your music from your computer to your music player and vice versa, can be deemed illegal with this new bill,” Gary told TorrentFreak.
“ISPs can be forced to handover private information of users on a whim without due process. They may be further encouraged to throttle P2P traffic, even for entirely legitimate uses like game files distribution. The new bill also is unlikely to provide fair exceptions for breaking DRM for purposes that doesn’t violate copyright, which unfairly prohibits one’s tinkering with electronics he owns,” Gary added.
Gary’s warnings are justified. Although it is not completely clear what the details of the new bill will be, it is expected that it will be the Canadian equivalent of the US Digital Millennium Copyright Act. This means that copyright takedown request become a censorship tool while consumers lose several ‘fair use’ rights.
http://acurrie.mp/?s=152813
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<a href=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=39&Ses=1&Mode=1&Pub=Bill&Doc=C-44_1>C-44</a> An Act to amend the Canadian Human Rights Act
Introduced by: Jim Prentice
Status:Died in Committee
Details: Reintroduced as C-21 (see above)


