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Bill C-30: Big Brother Hidden in Section 14

Posted: 02/22/2012 9:46 am

Over the past few days, I've posted on some of the implications of Bill C-30, including the mandatory disclosure of subscriber information, the "voluntary" warrantless disclosure of e-mails and web surfing habits, and the stunning lack of detail on a wide range of issues including costs and surveillance capabilities.

While the bill includes some detail on surveillance capability requirements, perhaps the most dangerous provision is Section 14, which gives the government a stunning array of powers:

  • to order an Internet Service Provider (ISP) or telecom provider to install surveillance capabilities "in a manner and within a time" specified by the government to order an ISP or telecom provider to install additional equipment to allow for more simultaneous interceptions than is otherwise specified in the law (the government sets a maximum and then can simply ignore its own guidelines)
  • to order an ISP or telecom provider to comply with additional confidentiality requirements not otherwise specified in the law
  • to order an ISP or telecom provider to meet additional operational requirements not otherwise specified in the law

Given these powers, Section 14 essentially gives the government the power to override the limits and guidelines it establishes in the bill (it must pay the provider an amount the government decides is reasonable for doing so). If that wasn't enough, Section 14(4) goes even further. It provides the Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

What does this mean? In short, it gives the government the power to decide what specific surveillance equipment must be installed on private ISP and telecom networks by allowing it to simply take over the ISP or telecom network and install its own equipment. This is no small thing: it literally means that law enforcement has the power to ultimately determine not only surveillance capabilities but the surveillance equipment itself.

As Privacy International revealed late last year, there is a massive global surveillance industry that specializes in selling invasive surveillance technologies directly to governments and law enforcement.

Companies like Gamma Group offer "turnkey lawful interception projects," that includes SMS interception, speech identifying tools, and data retention, while Innova offers "solutions for the interception of any kind of protocols and IP-based communication, such as web browsing, e-mail and web-mails, social networks, peer to peer communication, chat and videochat."

Endace offers the "power to see all for Government" and Hacking Team provides a suite of tools for governmental interception. Last year, Wikileaks published a powerpoint presentation from Glimmerglass that shows how law enforcement can link email addresses, online chat, and social media activity to generate detailed profiles of individuals (pages 10-12).

There are dozens of these companies operating around the world, servicing steady demand from the Middle East and Asia. If Bill C-30 becomes law, the Canadian government will be positioned to require private ISPs to install these kinds of technologies directly within their networks.

 

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HUFFPOST SUPER USER
Doogs62
To see by faith is to shut the eye of reason
09:34 PM on 03/10/2012
"Patriot Act North" I think a study of the "Patriot Act" and various other legislation passed in the U.S. since 9/11 should be taken and compared to the contents of Bill C-30. I think we already know what the probable outcome will be. Also considering the incredible financial burden that will be placed on the Telcos to comply with this legislation when/if passed we should be seeing far more resistance than at present. Why don't we here about these Corporations lobbying hard and strong for repeal or removal. Although if this Bill is passed there is no doubt that any costs incurred will be passed to the customers regardless of Government reimbursement (albeit at a price they [Government] set). The initial outlay of more equipment and labour will be on the Telcos. There is also provision for more financial investment in infrastructure to ensure expanded monitoring as they [Government] see fit. This reminds me of an anecdote about Finland and a specific aroma.
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yeti7
don't need no stink'n badges
09:54 AM on 02/23/2012
It is happening everywhere. Governments are so frightened of the Internet they are freaking out.
As goes the USA goes Canada in these things. I am glad I don't live in the UK
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HUFFPOST SUPER USER
working onit
Stop Harper
08:25 PM on 02/22/2012
"Apparently It's Not Uncommon For Cops To Look Up People In The DMV Database"

For all those folks who think we can trust the police to respect the privacy of law abiding citizens: from

Read more: http://www.businessinsider.com/apparently-its-not-uncommon-for-cops-to-look-up-people-in-the-dmv-database-2012-2#ixzz1nADQ7xaR
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HUFFPOST SUPER USER
Doogs62
To see by faith is to shut the eye of reason
09:50 PM on 03/10/2012
Thanks for the input but this doesn't really apply in this case. The police in Canada already have access to Transport Canada files as well as most other Provincial and Federal Government records.
For the most part Canadian Police Forces do recognise an individuals rights to privacy and have a good track record. Quite frankly it's not the police I worry about it's the Harper Government attempting to violate our privacy that worries me. They neither have the need nor the right to snoop on me or anyone else. They are politicians and civil servants not law enforcement. This Bill opens the door for security services similar to CSIS or some unknown entity to operate outside of the judicial system or an established mandate.
05:42 PM on 02/22/2012
What's to worry about? I'm sure that our government has only the best interests of it citizens at heart ... as long as they are conservatives!
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yeti7
don't need no stink'n badges
09:55 AM on 02/23/2012
until the liberal have the power, like here in the States,
Trust no one.
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HUFFPOST SUPER USER
WeeTadBit
05:40 PM on 02/22/2012
Does this surprise anyone? It fits precisely into how they operate. Anyone with a dissenting opinion, like what I am posting now, will properly come under their scrutiny.

We're allowing them to cut off debate or move it behind doors, fire or silence scientists, environmentalists, or academics, and ignore facts from specialists who are providing invaluable professional input on policies, etc. If anyone defends this as democratic, I suggest they buy a one way ticket to China.
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yeti7
don't need no stink'n badges
09:58 AM on 02/23/2012
Soon we not be able to post on message boards or sites like this anymore. hp days as an "open" forum are numbered or it will be just used by the governments to spy on people ideas and thoughts like they are already doing the UK and China.
US too is now keeping a copy of every single post posted and have been for years just not admitting to it.
04:22 PM on 02/22/2012
Can you say police state?
03:58 PM on 02/22/2012
Where the H-E-double hockey sticks is the opposition?

*crickets*

Do the Liberals and NDP agree with this nonsense?
HUFFPOST SUPER USER
hunted
03:40 PM on 02/22/2012
Big brother is alive and well in the form of the Conservative Party
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HUFFPOST SUPER USER
CreepyThinMan
More dapper than Don Draper.
12:50 AM on 02/23/2012
Not to mention fascism.
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yeti7
don't need no stink'n badges
09:59 AM on 02/23/2012
in Canada maybe but in the States it is also the liberal government going for this sort of thing too.
HUFFPOST SUPER USER
DirkNeptune
I love raspberry pie, damn it.
02:57 PM on 02/22/2012
8 out of 10 Canadians don't want the government to spy on them online. But do they care? Of course not. They are going to ram this thing through and use the information any way they damn well please.

With this government in charge, it feels more like I'm living in the Soviet Union than Canada. I can hardly wait for the day when Stephen Harper is no longer our prime minister.
HUFFPOST SUPER USER
okgranny
Egalitarian by birth
02:53 PM on 02/22/2012
Wow! With this detailed tracking of every citizen, it's no wonder the govt says we don't need a census anymore!
01:00 PM on 02/22/2012
Whilst it's a sorry state of affairs, I think internet surveillance in one form or another will be essential if the web is to be safe and secure going forward. Confidence can only come through transparency and that to my mind is a pre-requisite for an internet we can trust... and for an internet we trust won't 'keel-over'! Sure, there are privacy issues but IMO there's now way too much at stake. This debate is about security as much as it privacy, but the balance must be right. If bad people are going to continue to exploit the protection provided by anonymity then action is needed and a robust and fair mechanism for recourse put in place (evidence based i.e. based on ICT forensics). How else will we all, especially the most vulnerable, be protected online? We don't really have much of a choice but again, the balance must be right to respect the rights of citizen to be both free and safe.
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Warpde
Badges? We don't need no stinking Badges.
03:05 PM on 02/22/2012
They call it a "Warrant." and "internet surveillance" is just a nicer way of saying "Hacker"
because that is what they, in essence, want to do.
Only they want to legalize it.
On top of that if it's "transparency" you seek, why the handle MarketScoop?
Why not your real name, location, job, list of all your bookmarks, contacts, affiliations.....
03:55 PM on 02/22/2012
So comforting to know that compliant authoritarians walk among us.

Are they paying you adequately for your advocacy?
12:50 PM on 02/22/2012
As Rick Mercer so aptly put in, "the state has no business in the hard drives of the nation".....

If you want to peek, get a warrant from a willing judge - you know, those guys who are supposed to have discretion in making their sentencing - and warrant-issuing - decisions.