Harper Conservatives' relentless attack on the internet

[ChangingColours]

10 bills set to become law Wednesday
Bills on tougher sentencing, foreign asset freezes to receive royal assent
By Laura Payton, CBC News Posted: Mar 23, 2011 11:34 AM ET Last Updated: Mar 23, 2011 5:43 PM ET Read 128 comments128
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Ten pieces of legislation are set to become law Wednesday, coming in just under the wire as Parliament stares down a likely election.

Bills that cut the "faint-hope clause" for early parole for convicted killers, implement a minimum sentence for fraud over $1 million and give Canada greater powers to freeze the assets of dictators will all become law Wednesday.

The Conservatives managed to pass several bills from their justice and security agenda in the House, including four that will pass the final stage before becoming law when Gov. Gen. David Johnston signs them Wednesday afternoon on Parliament Hill.

The high-profile bills becoming law Wednesday include:

Bill S-6, which eliminates the chance of parole after 15 years for people convicted of first-degree murder.
C-21, which imposes a minimum two-year sentence for people convicted of fraud over $1 million.
C-61, which allows the government to freeze the assets of foreign dictators with less evidence than is currently required.
C-42 on aviation security, which allows airlines provide passenger information to countries they're flying over without the passenger's consent.
C-48, which allows judges to make people convicted of multiple murders wait longer for parole eligibility.
Other bills receiving royal assent Wednesday:

S-5: Vehicles from Mexico, which makes it easier to import used cars.
C-14: Fairness at the Pumps, which makes gas station owners ensure their pumps measure gas accurately.
C-22: Online Sexual Exploitation, which requires internet service providers to report child porn.
C-30: Response to R. v. Shoker, which allows judges to demand blood and urine samples to enforce a prohibition against taking drugs or drinking.
C-35: Crooked Consultants, which sets up stronger rules for people who charge money to help others immigrate to Canada.
There are two major private members' bills in front of the Senate right now, C-393, which would make it easier to send generic AIDS drugs to developing countries, and C-389, which would make it illegal to discriminate against transgendered people. Those would have to be re-introduced if there's an election, but private members bills can restart at the same stage they were at prior to the election.

But the government's update to the Copyright Act and several other bills will die if they do not pass the Senate and receive royal assent before Parliament is dissolved.[b] <a href="http://www.cbc.ca/news/politics/story/2011/03/23/pol-royal-assent.html">Source (CBC)</a>

[doggedlyright]

Changing Colours wrote:

C-22: Online Sexual Exploitation, which requires internet service providers to report child porn.

Connie, it looks like it does not matter if the government fails. No more warrants needed to release private internet information. This law will be used and abused.

[Connie Fournier]

Good catch, doggedlyright. This is what Michael Geist wrote about a previous version of the bill:

Legislative Proposals Signal New Policing Requirements for Internet Providers

Monday November 30, 2009

Appeared in the Toronto Star on November 30, 2009 as Will Web Child-Porn Bill Do More Harm Than Good?
http://www.michaelgeist.ca/content/view/4594/82/

Last week federal Justice Minister Robert Nicholson introduced new legislation that, if enacted, will establish mandatory disclosure requirements for Internet providers to report child pornography websites or subscribers they believe are using their service to violate child pornography laws.

Bill C-58 shares similarities with several provincial laws, including one enacted last year in Ontario. It contains tough penalties such as fines or imprisonment for failure to report as well as requirements to preserve evidentiary computer data for several weeks. Internet providers also are prohibited from disclosing the disclosure to the suspected individual or website.

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.

While few will criticize a bill targeting child pornography - everyone agrees that it is abhorrent and we need to ensure that we have laws to deal with the problem – the bill still gives pause, for two reasons.

The first stems from whether the bill actually accomplishes anything new. Although all of these provisions give the appearance of a significant step forward in the fight against child pornography, the reality is that Canada is already a world leader in the area. Criminal provisions involving child pornography were enhanced in 2005 and Canadian law enforcement made the issue a priority, as evidenced by hundreds of arrests in recent years.

Cybertip.ca, an online tip service that works together with Internet providers and law enforcement, fields thousands of tips each year. Moreover, it maintains Project Cleanfeed Canada, an initiative that has resulted in ISPs blocking access to thousands of child pornography images.

While there are reports that Canada is a source of child pornography websites, a recent major European-based study concluded that focusing on the web and blocking content makes little sense in trying to combat child pornography since most dissemination occurs beyond the potential for tips envisioned by the new disclosure bill.

The second concern arises from the bigger picture shift of the role of Internet providers. 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.

When the lawful access bills are combined with Bill C-58, the vision of the ISP as a common carrier that merely serves as an Internet intermediary disappears, replaced with new legal obligations that forces ISPs to do far more policing on their networks. Some will welcome this change – indeed argue that it should be expanded to other issues such as defamation or copyright – yet deputizing ISPs brings with it challenging questions about our comfort with having Bell Canada, Telus, Rogers, Shaw, and other leading ISPs cast as supporting players for law enforcement.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

[Connie Fournier]

I honestly don't know how any conservative could go to the polls and support Stephen Harper. If some anonymous troll signed up here and used the PM system to send you an unwanted child porn image, and you told us about it, we are now required to report you and NOT TELL YOU that we reported you!

Don't tell me that the Liberals or some "coalition" boogieman would be worse. There is NO EXCUSE for the kind of laws that this bunch have been passing! Harper has to GO!

[ChangingColours]

Depending on how this election turns out, could make for a lively convention in June.

Maybe get some fresh blood at the helm.

[LAR]

Spending gazillions to battle police states around the globe while they spend more gazillions to set up a police state here at home.
What's even more frightening is I doubt they even realize it.