'Lawful Access' Legislation Missing From Omnibus Crime Bill, But Online Spying Fight Isn't Over

Lawful Access Online Spying Harper Toews

The Huffington Post Canada   First Posted: 09/20/11 02:13 PM ET Updated: 11/20/11 05:12 AM ET

Has Stephen Harper’s government had a change of heart about introducing new online surveillance laws? Or are they just biding their time?

That’s the question on the lips of digital economy experts and privacy advocates after the omnibus crime bill introduced in Parliament Tuesday made no mention of the controversial provisions, which would vastly expand the ability of police to track people online without a warrant.

“While there is every reason to believe lawful access will be introduced some time in the future, excluding them from the crime bill will provide more time for review and committee hearings,” internet law professor Michael Geist blogged.

But for the time being, opponents of the proposed laws -- known on Parliament Hill as “lawful access” legislation -- are sighing with relief, and taking the potential delay as a political victory.

The online rights group OpenMedia declared that the bills disappeared “under the intense pressure of a 70,000+ signature petition.” OpenMedia was behind the petition in question, which was dubbed “Stop Online Spying.”

The proposed set of laws, which didn’t make it through the previous parliamentary session, would have allowed police to demand information about internet users from internet service providers (ISPs) without a warrant. It would also require ISPs to retrofit their internet networks so that surfers could be surveilled in real time. And ISPs would be required to track the web surfing activities of their customers.

A recent survey from the Privacy Commissioner of Canada found that eight in 10 Canadians oppose allowing police to monitor internet activities without a warrant.

The NDP, now the official opposition, took a strong stance against the proposed laws last week, with the party’s digital affairs critic, Charlie Angus, saying Canadians believe the proposed law “gives the government and police way too much power to snoop into our lives.”

“This access is anything but lawful,” NDP MP Charmaine Borg said in a statement. “This isn’t a question of whether abuse will occur, it’s how extreme the abuse will be.”

“After months spent decrying the bills as invasive, costly, and poorly thought out the government’s move to remove warrantless electronic surveillance from the omnibus is a clear step forward,” Steve Anderson, OpenMedia’s executive director, said in a statement. “This online spying plan ... would could cost Canadian Internet users and businesses millions.”

But the lawful access legislation may never return to Parliament in the form it was presented over the past few years. A spokesperson for Public Safety Minister Vic Toews told the Canadian Press last month that the government would not support allowing police access to data without a warrant.

However, no official statements have been made indicating an overhaul of the lawful access legislation, and the government has not set a timeline for introducing the proposed laws.

Will the Harper government bring back its "online snooping" legislation?

  • Yes. They're just waiting for a better time to introduce it.

  • Yes, but it will be different from the snooping law they proposed last year.

  • No. They're afraid of a public backlash.

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Has Stephen Harper’s government had a change of heart about introducing new online surveillance laws? Or are they just biding their time? That’s the question on the lips of digital economy expe...
Has Stephen Harper’s government had a change of heart about introducing new online surveillance laws? Or are they just biding their time? That’s the question on the lips of digital economy expe...
 
 
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HUFFPOST SUPER USER
piceaglauca
The picture says it all....
12:19 AM on 10/06/2011
It's a soft approach to getting something started. The punch line is up the raod.
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HUFFPOST SUPER USER
Jeffery Cuneo
09:30 AM on 09/21/2011
When Facebook builds in small measures that infringe on personal privacy in ultimately inconsequential and voluntary ways (you don't have to post photos on FB or even have an account), the media swarms, panels are launched to investigate everything, and the public outcry is more then audible.

When our Government wants to usher in real-time spying on everything you do on the internet, the media whispers, and the public is largely muted on the issue as a result. If only people took politics as serious as they do their social networks, imagine where we'd be as a country!
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BCSLAVE
Got a key?
08:29 PM on 09/20/2011
So "aweful acces" is on hold. I guess they realized we don't trust them to look over our shoulders while be do our online banking, drive in our cars, talk to our families on the phone etc - the Interenet is everywhere and not just your computer at home - its your car, your tv, and your cell. The mail will be next.

And who watches the watchers? How do you complain when they steal your money or ideas? And to who? How much will free enterprise suffer because we fear discussing a new idea over a once private network because we know this once secure network has been compromised by Harper's gang and ergo made into a public sphere through "aweful access".

And finally, what about the hidden tax that will be created to support this Rupert Mudoch approach to privacy? So much for being open and honest on taxes - this would be a hidden tax!
HUFFPOST SUPER USER
Cariboofly
Aye, Ready, Aye & Semper Fi
07:40 PM on 09/20/2011
Geez, you mean the "Secret Agenda" doesn't contain what the snivel rights "activists" TOLD US was in there? Go figure. I'm sure they'll dream up something else they can set their hair on fire about.
At what point to we quit believing the "chicken littles" ?
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HUFFPOST SUPER USER
Jeffery Cuneo
09:25 AM on 09/21/2011
It was planned as part of the crime bill. The Conservatives appear to have removed it for now, but, at least according to the article you obviously didn't read, the law professor mentioned says we still have every reason to believe it will be introduced in the future.

So this is a temporary reprieve to a terrible infringement of personal privacy.
HUFFPOST SUPER USER
Cariboofly
Aye, Ready, Aye & Semper Fi
10:16 AM on 09/21/2011
"Reality" is what is actually happening, "history" is what has happened. "Premonitions", "predictions" and "crystal ball-gazing" are the purview of the "chicken little" crowd, led by the irrational fear-mongering of the idiot-fringe who conjure up an endless stream of dire predictions in hopes of one day being able to smugly say "I told you so!" .
Seriously, shouldn't we at least examine closely what is in front of parliament, discuss and argue the various initiatives that are proposed, instead of promoting the myth of what someone THINKS someone else is thinking?
This whole "secret agenda" thing has gone on for much too long and has been a total waste of time and energy.
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HUFFPOST SUPER USER
LeftyNeoCon
What happens when extreme left and right combine.
03:40 PM on 09/20/2011
This was the big one that a lot of every day Canadians were able to focus on cause somebody could simply tell you that somebody wants to spy on your internet or that the government can read your email. To everyday people that is a big deal.

I worry about the other more technically specific parts of the omnibus bill that could be just as damaging like the copyright law changes. They are being entirely ignored both by websites like OpenMedia and new sources like this webpaper.
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HUFFPOST SUPER USER
Jason Bullock
03:36 PM on 09/20/2011
Harper, and the government have no right to track my online activities, without cause nor a warrant. If they think otherwise, then there's a piece of paper that lists my rights, that will disagree with King Harper.
03:36 PM on 09/20/2011
He's waiting on a manufactured crisis... a terror cell or child porn ring then bring this out with much ballyhoo.
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john frodo
armchair expert
02:58 PM on 09/20/2011
Harper figures we can only have so much shoved down our throat at one time, he wants another battle over online spying, after that maybe littering.