Lawful Access: Online Surveillance Bills In Other Countries Underscore Need For Caution, Critics Say

Lawful Access Canada Online Spying

First Posted: 02/20/2012 5:41 pm Updated: 02/21/2012 10:17 am

OTTAWA - Opponents of the government's online surveillance bill say Canada should look to its allies for cautionary tales before pushing ahead with measures that would erode Internet freedom.

Experiences in other jurisdictions such as the United States and Britain show no evidence of improved crime-fighting ability and "overwhelming evidence of increased surveillance," said Micheal Vonn of the British Columbia Civil Liberties Association.

The Canadian legislation would allow police, intelligence and competition bureau officers access to Internet subscriber information — including name, address, telephone number, email address and Internet Protocol address — without a warrant. An IP address is the numeric label assigned to a computer on the Internet.

It would also require telecommunication service providers to have the technical capability to enable police and spies to intercept messages and conversations.

The government says its proposed legislation is consistent with that of the United States, Britain, Australia and New Zealand.

The international examples demonstrate that when authorities are given more powers to keep an eye on Internet surfers, they definitely use them, said Vonn.

"If you build it, they will come," she said.

The government insists the bill will improve Canada's ability to work with its international partners to fight crime and terrorism.

But critics question the rationale for the legislation altogether, saying no one has made a strong case that the current system — based on voluntary compliance and warrants — isn't working well.

"We're not seeing a very strong need for these bills, and we're seeing an expansion of surveillance powers that basically begs for abuse," said Lindsey Pinto, a spokeswoman for OpenMedia.ca, which has helped lead opposition to the measures.

Some warn that legislation without strong oversight and other protections will invite problems of the kind seen abroad.

Inappropriate access to the sort of transactional data — not the content, but all of a message's identifiers — that Canadian authorities seek under the bill is a "common problem" in both Britain and the United States, says a research paper by Christopher Parsons, a University of Victoria doctoral student who has studied the issue.

"In the U.S. the problem is far more significant," he writes. "The U.S. suffers from endemic inappropriate surveillance."

The U.S. National Security Agency eavesdropping service ran a warrantless wiretapping system with the assistance of major telecommunications providers, while the FBI has repeatedly strayed over the line when collecting information, he notes.

The American experience shows law enforcement agencies tend to access communications data inappropriately when there is unclear — or no —judicial oversight, he adds.

Research in Britain indicates people have been placed under surveillance for minor infractions such as littering and smoking in a public place.

The Canadian government cites safeguards in its bill, including record-keeping requirements and regular internal audits to ensure the powers aren't abused.

But it's not yet clear how they would work.

"We do need to make sure that there is clear oversight and really meaningful deterrence from abuse," said Pinto.

Being slower than its key allies to implement such legislation, Canada is in the ideal position take a different approach, said Vonn.

"As usual we're being told we're way behind and we have to do exactly the same thing."

Related on HuffPost:

Loading Slideshow...
  • What's In Online-Snooping Bill

    Like similar legislation introduced in the past by both Conservative and Liberal governments, the new bill includes provisions that would: <em>With files from CBC</em> (Shutterstock)

  • Warantless Online Info

    Require telecommunications and internet providers to give subscriber data to police, national security agencies and the Competition Bureau without a warrant, including names, phone numbers and IP addresses. (CP)

  • Back Door Access

    Force internet providers and other makers of technology to provide a "back door" to make communications accessible to police. (Getty)

  • Location, Location, Location

    Allow police to get warrants to obtain information transmitted over the internet and data related to its transmission, including locations of individuals and transactions. (Alamy)

  • Preserve Data

    Allow courts to compel other parties to preserve electronic evidence. (Alamy)

  • New Bill Is Different

    However, unlike the most recent previous version of the bill, the new legislation: (Alamy)

  • Less Data

    Requires telecommunications providers to disclose, without a warrant, just six types of identifiers from subscriber data instead of 11. (Alamy)

  • Oversight

    Provides for an internal audit of warrantless requests that will go to a government minister and oversight review body. Minister of Public Safety Vic Toews is pictured. (CP)

  • Review After 5 Years

    Includes a provision for a review after five years. (Alamy)

  • More Time To Implement

    Allows telecommunications service providers to take 18 months instead of 12 months to buy equipment that would allow police to intercept communications. (Alamy)

  • Expanded Definitions

    Changes the definition of hate propaganda to include communication targeting sex, age and gender. (Alamy)

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OTTAWA - Opponents of the government's online surveillance bill say Canada should look to its allies for cautionary tales before pushing ahead with measures that would erode Internet freedom.Experienc...
OTTAWA - Opponents of the government's online surveillance bill say Canada should look to its allies for cautionary tales before pushing ahead with measures that would erode Internet freedom.Experienc...
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08:22 AM on 02/23/2012
"The government insists the bill will improve Canada's ability to work with its international partners to fight crime and terrorism"

Enough with the terrorism all ready! Even americans are finding that a bit old.
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HUFFPOST SUPER USER
Warren Yuill
Jesus Built My Hot-Rod
08:03 AM on 02/23/2012
I think this bill is a anti-online-espionage measure that was mistakenly presented as a anti child porn bill.
The governments ham handed attempt to frighten and bully the opposition into submission was a dire miscalculation.
If the government fails to represent the true nature of the legislation, they deserve what they get.
.....meanwhile back at the farm, Chinese hackers have successfully broached old Macdonalds network security and raided it's data bas.........
HUFFPOST SUPER USER
Marie Forcier
08:55 PM on 02/21/2012
Harper Gov considers being consistent with United States, Britain, Australia and New Zealand as a reason to jump on the spy on us program. We all know that the States under (Bush Gov) always made the right choice and never told any lies either.
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HUFFPOST SUPER USER
All Seeing Guy
Center of the storm
04:06 PM on 02/21/2012
Once you're dumb enough to jump aboard some conservative security-net bandwagon, don't be surprised to see the net shrinking tightly to you.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
06:26 PM on 02/20/2012
If you have nothing to hide. as simple as that. I have had several friends tell me they dont like the government snooping around. Well, each one of them that has said this to me, is guilty of at least, the bare min, of buying and smoking pot. Untill pot is made legal, it is illegal . so, like I said, only those with something to hide should be worried.
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HUFFPOST SUPER USER
working onit
Stop Harper
11:17 AM on 02/21/2012
Please have another think on that opinion Atwill. The problem is 'deviance' is defined by man & cultures. Its not that long ago in this country, and still today in other countries, that your son would be guilty of a serious, punishable fine. I am certain he, along with many still today, would need to keep his private life private for self preservation.

This is an outrageous attempt to spy on citizens without the hassle of a court issued warrant.
HUFFPOST SUPER USER
DirkNeptune
I love raspberry pie, damn it.
12:04 PM on 02/21/2012
It's not as simple as that at all. This is about people's basic right to privacy.

In United States Bush Jr. used his warrantless surveillance powers to spy on journalists who refused to name their sources. They also used it to take down Eliot Spitzer. Those are just two things we know of...

Do you want Harper tracking the movements of members of environmental groups whom he has already labelled enemies of Canada?

That's what this bill opens us up to. There's nothing stopping them spying on the opposition parties or anyone who disagrees with them.

Do you trust this government (or any government?)

I don't.

They have proven to me over and over again that they do not have the best interests of the Canadian people at heart.

They have all the tools they need to catch child pornographers. If they need warrants faster, they should just tweak that part of the law. There's no need to spy on us. This is all about control.

I hope what the Conservatives are trying to do here wakes people up about the intentions of our dear "scientist-muzzling" prime minister.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
10:04 PM on 02/21/2012
then take nothing from the governement. i , for one, get my paycheck fro mthe government.