Warrantless Search of ISP’s (October 20, 2007)
Canadian government efforts to erode our rights are very slippery. The following story slipped out in September where the government seemed to back off from their secret plans when those plans were made public.
Here is the clear voice of lawless tyranny disgracefully posted on a Canadian government website:
http://publicsafety.gc.ca/prg/ns/cna-en.asp
Public Safety Canada and Industry Canada are seeking current views and/or new issues associated with the question of accessing customer name and address in the modern telecommunications world. … please submit written comments, by October 12th, 2007 …
Law enforcement agencies have been experiencing difficulties in consistently obtaining basic CNA information from telecommunications service providers (TSPs). In the absence of explicit legislation, a variety of practices exists among TSPs with respect to the release of basic customer information, e.g., name, address, telephone number, or their Internet equivalents. Some companies provide this information voluntarily, while others require a warrant before
providing any information, regardless of its nature or the nature of the situation. If the custodian of the information is not cooperative when a request for such information is made, law enforcement agencies may have no means to compel the production of information pertaining to the customer. This poses a problem in some contexts…..
Here is the original CBC story:
Government moving to access personal info, sparking privacy fears
Government agencies are moving to gain access to telephone and internet customers’ personal information without first getting a court order, according to a document obtained by CBCNews.ca that is raising privacy issues…
And here is Stockwell Day playing it down (playing the “good cop”):
Now, the government has extended the discussion period until Oct. 12 and has rewritten the consultation document to include civil-liberties groups among those it is seeking comment from. Mr. Day said he expects to be able to table legislation on this issue in the fall session, once the consultation period has ended.
But, Mr. Day added, the purpose of the consultation is not to look for ways to make it easier for police to obtain customers’ personal information without a warrant. Instead, the federal consultation is seeking to ensure Internet companies are aware of their need to comply when presented with court orders, Mr. Day said.
That statement clearly contradicts the website. And what is this legislation that is planned?! What has gone on during these consultations? I bet it doesn’t take much to make ISP’s and telecommunications companies comply with whatever the government wants.
As far as I know, the consultations went ahead or are going ahead. It’s significant. Even the multiple meanings attached to the word “government” allow for constant bait-and-switch when discussing these things. The ruling party – called the “government” – and elected M.P.’s are just the stewards of
the actual “government” which is an enormous institution full of bureacrats who push their department’s agenda and interests.
It’s obvious that the ruling Conservatives don’t intend to restrain what the bureaucratic class really wants to do, nor make any strong denunciations of these ideas, nor make any strong statements of principle about the rule of law and protecting our civil liberties and privacy from abuse. Businesses have a right and
obligation to protect their customer data from anyone, including lawless government officials. This is what liberty means and Canadians need to start speaking up for liberty and restraining their government.
October 20th, 2007