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Rachel Décoste

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Warning/Attention: You Are Under Surveillance in Canada

Posted: 12/04/2012 8:31 am

Ah, the 70s. Bell-bottoms. Polyester. Afros. The 1972 Watergate scandal opened the world's eyes to the art of government wiretapping. It seemed there were no limits to misuse of technology to facilitate invasion of privacy. As the realization that a government could spy on its own citizens brought down an American president, Prime Minister Pierre Trudeau moved to formally outlaw wiretapping on this day in 1973.

Trudeau's Protection of Privacy Act made it illegal for people to use wiretaps and other forms of electronic devices without a person's consent. It provided fines and jail time for anyone disclosing illegally-retrieved information. The legislation allowed exceptions for law enforcement, presumably to catch criminals.

The law has since evolved, but its spirit still resonates with Canadians.

That explains the widespread wince last winter, following Vic Toews' tabling of an "online snooping bill" which would have allowed police to gather telecommunications service provider (TSP) subscriber data of cell phone and Internet users without warrants. In order words, the bill would put an electronic prisoner's bracelet on every Canadian.

In fact, Ontario Privacy Commissioner Anne Cavoukian said the bill was "one of the most invasive threats to our privacy and freedom that [she had] ever encountered." Toews retracted the invasive bill after he himself had his privacy plastered all over Twitter. The bill died quietly, but the noise would not die down.

Members of the lesbian, gay, bisexual and transgender (LGBT) community were left disturbed and frightened when a GLBT-themed message from the minister's office landed in their email inbox in September. Trudeau famously said "There's no place for the state in the bedrooms of the nation," but Jason Kenney peered into their privacy to find out their sexual preference nonetheless. Seemingly, the long arm of Harper's Conservative government has no limits: even one's sexual orientation is up for grabs.

Curiously, this targeted communications tactic had been used in 2007 when Jewish voters were singled out and sent a Rosh Hashanah greeting card from Harper's office.

"I didn't live through the Second World War, but I've read enough and heard enough to know that the thought of a list of Jewish people makes people cringe," said one recipient at the time.


Incorrigible and unrepentant, the unsettling method is apparently still in use.

Lest we forget, the Conservatives didn't bother to get any warrants or permissions before snooping in personal employee records of former Canadian Forces members, going so far as to wield privacy violation as a weapons against our veterans. This practice went on for years, but the internal investigation was quashed by the Veterans Affairs Minister in 2010. Apparently transparency is a one-way street with the Harper government.

A lot has changed since the 70s, but the notion that government should cede to citizens' privacy remains a consistent Canadian value. The Harper government's Orwellian strategies constitute an affront on the Canadian way of life and the freedoms we all cherish. If the Conservatives' commitment to smaller government is sincere, perhaps they should start by downsizing their electronic eavesdropping on innocent law-abiding Canadians, for starters.

WHAT'S IN THE ONLINE SPYING BILL

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  • 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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