Laws for 21st century: A guide to Canada’s proposed cyber investigation bills

Kathryn Blaze Carlson Oct 22, 2011 – 10:35 AM ET | Last Updated: Oct 23, 2011 11:01 AM ET


Canadians spend more time online than anyone else in the world — an average of 44 hours per month — and nearly a third of the population owns a smartphone, spending more than 17 hours on the device each week. So when the Conservative government reintroduces three pieces of lawful access legislation aimed at giving police greater powers and more tools to conduct investigations using new technologies, Canadians should have a clear understanding of what is on the table. However, much of the rhetoric circulating online about the legislation is patently untrue, distracting from the meat of the bills and the very real privacy implications at stake. Although it is unclear whether the bills will appear exactly as they did when they were first tabled in the spring, Public Safety Minister Vic Toews said this month his government is committed to reintroducing the lawful access legislation. Post reporter Kathryn Blaze Carlson has studied the previous legislation and spoken to experts. Here, she offers up eight things it would do — and three it would not:

1. CREATING “BACK DOORS” FOR POLICE INTERCEPTION The Investigative Powers for the 21st Century Act would require telecommunications and Internet service providers to be capable of decrypting, decoding, and preserving historic and real-time online and telephone communications, essentially creating built-in “back doors” for police interception. Some providers already have this capability, but they preserve information on their servers for different lengths of time depending on company policy. Some smaller providers do not have this capability at all, particularly certain ones in northern Ontario and Quebec, said Christopher Parsons, a doctoral candidate at the University of Victoria studying digital surveillance. Tom Stamatakis, president of the Canadian Police Association, said it is “very frustrating from an investigative perspective” when police obtain a court order to intercept communications, only to learn the relevant Internet service provider is technically incapable of digging up the communications data. The act would also give the RCMP and CSIS the authority to conduct background security checks on any employees who are involved in intercepting communications. Mr. Parsons said it is unclear whether the legislation will target anything more than the “low-hanging fruit” because savvy criminals will be able to evade authorities by encrypting their messages and sending them through several network nodes.


2. OBTAINING BASIC CUSTOMER INFORMATION WITHOUT A WARRANT Police could demand that telecommunications and Internet service providers turn over a customer’s name, address, telephone number, email address, and Internet protocol address — and they could do so without a warrant under exceptional circumstances. “When Internet service providers hear ‘exceptional circumstances,’ they hear ‘whenever (police) want,’” Mr. Parsons said. Michael Geist, chair of Internet and E-commerce Law at the University of Ottawa, said that sort of customer information could be linked with other bits of information to build a detailed profile. It can also be used to “out” someone using a pseudonym in an online chat forum. “All of a sudden, you go from ‘HoneyBunny14’ or ‘BlackAnarchist’ to ‘John Smith’ living at a particular address with a particular phone number,” Mr. Parsons said, adding that social activists are concerned police will use the provision to monitor people organizing legal protests or expressing dissent online. Beyond that, the target is not necessarily the only person using a particular Internet protocol address, so others could be inadvertently monitored at a later stage in the investigation. Mr. Stamatakis said this sort of additional power would be exercised to investigate only the most serious crimes, including child pornography, organized crime and terrorism. “The legislation recognizes the technology criminals are using today,” he said, echoing Mr. Toews comments earlier this month that the Criminal Code contains out-of-date language such as the word “telegraph.”

3. CREATING NEW POLICE POWERS TO OBTAIN COMMUNICATIONS DATA Without a warrant, police could make a “preservation demand” requiring telecommunications and Internet service providers to single out a customer and preserve for 90 days what Dwayne Winseck, a Carleton University communications professor who has studied the Internet for two decades, called “meta data.” So-called meta data is communications information generated during the creation, transmission or reception of a communication including the type, time, duration, origin, and destination of the communication. Police would then have to ask a judge for a “production order” to actually obtain the preserved information. Once police get the court order, they could, for example, find out who a person called on their cell phone, the duration of the call, and when the call was placed. Importantly, the proposed legislation excludes the actual content of the conversation. Once police have a copy of what they want, the service providers must destroy the information. The warantless provision is a welcome one, Mr. Stamatakis said, because it acts as a stop-gap measure while police work to obtain a warrant — a lengthy, labour-intensive process at times.

4. CUSTOMERS MAY NEVER KNOW IF, OR WHY, THEY WERE TARGETED The proposed surveillance legislation says authorities could prohibit telecommunications and Internet service providers from telling a customer that he or she was the subject of information disclosures. The potential cumulative effect of all this legislation, said Mr. Geist, is self-censorship: “What we’re creating is nothing like the Chinese firewall … but I think it could have a chilling effect in terms of people’s willingness to express themselves online, even if they’re not doing anything illegal.”

5. POSSIBLY INCREASED COSTS FOR CELL PHONE AND INTERNET SERVICE If telecommunications and Internet service providers are forced to upgrade their technology and train their staff to use it, then their capital and operating costs will inevitably climb. “Customers might end up paying the added cost for something that could be used against them at any time,” Mr. Parsons said, adding the requirement could also squeeze out smaller, cash-strapped providers.

6. TRACKING DIALED NUMBERS WITHOUT A WARRANT The proposed legislation would allow police to install and use number recorders without a warrant in “exigent circumstances.” A number recorder, which records the telephone numbers associated with outgoing and incoming calls, would be installed remotely by a telecommunications provider at their call centre hub. The installation can last up to 60 days, but it could be extended to one year if a warrant is obtained and if the investigation involves organized crime or terrorism.

7. COVERTLY ACTIVATING DEVICES TO TRACK CELL PHONES AND VEHICLES The proposed legislation brings police powers into the 21st century by tacitly acknowledging that vehicles and mobile phones — and therefore the people using them — can be tracked using GPS or cell towers. The Criminal Code currently says police can, with a warrant or without one in an emergency, “install, maintain and remove a tracking device in or on any thing, including a thing carried, used or worn by any person.” The proposed bill would extend that list to include the power to “activate” a device, “including covertly.” Mr. Parsons said this allows police to “take advantage of existing technologies,” and said he would not object to the provision if it ensured there would be court oversight.

8. OPENING THE DOOR TO “FISHING EXPEDITIONS” The legislation surrounding preservation and production orders would allow police to get information from telecommunications and Internet service providers based on “reasonable grounds to suspect” the information would “assist an investigation.” The existing Criminal Code does not offer a similarly vague suspicion, but rather stipulates “reasonable grounds to believe” an offence “has been or is suspected to have been committed” or that the information will “afford evidence respecting the commission of the offence.” Mr. Winseck said this opens the door for police to go on “fishing expeditions” and potentially “turns the relationship between the cops and (Internet Service Providers) into a routine one.”

… AND THREE MISCONCEPTIONS

1. HYPERLINKING TO HATE PROPAGANDA WILL BE CRIMINALIZED When the legislative summary of one of the bills surfaced saying “the offences of public incitement of hatred and willful promotion of hatred may be committed… by creating a hyperlink that directs web surfers to a website where hate material is posted,” onlookers criticized the bill as overly far-reaching. However, the actual bill makes no explicit reference to hyperlinking, instead expanding the definition of “communicating” hate material to include “making available.” It is true the vague definition of “communicating” could capture posting a link to another website, but a recent Supreme Court libel decision will likely quiet that fear: The judges decided unanimously this week that a person cannot be held responsible for what appears on a hyperlinked site.

2. POLICE WILL GET NEW POWERS TO LISTEN IN ON PRIVATE COMMUNICATIONS
The legislation does not extend police powers to intercept the actual content of private communications, for example what was said in a telephone call or written in an email. Mr. Toews has said those claims — put forward by online privacy activists — are a “complete fabrication.” Also, the Criminal Code already allows police to intercept private communications without a warrant, so long as the situation is urgent and the interception could prevent serious harm to a person or property.

3. INTERNET PROVIDERS WILL MONITOR ALL CANADIANS, ALL THE TIME
The government has been accused of embarking on warrantless online wiretapping where Canadians will be constantly monitored, but Mr. Geist said on his blog these charges amount to “political softball.” Yes, telecommunications and Internet service providers will need the capability to preserve information on all users, regardless of whether or not they are subject to an investigation. But those providers must only preserve and produce information relating to users who are actually targeted by police.

National Post kcarlson@nationalpost.com

Top Gear - For those that didn't know......

For all you Petrol-Heads.....This one's for you...Enjoy !!

Occupy WallStreet - Their new champion ?

Alan Grayson, former representative from Florida just dished out a can of whoop-ass on the Bill Maher show. He got a standing ovation for explaining, in plain language just why the Occupy Wall Street movement is out there and just what they're about.

Kudos to Mr. Grayson !

Occupy Wall Street - And anywhere else you can

The New York City General Assembly — the decision-making body for the “Occupy Wall Street” protest in lower Manhattan — approved a statement of purpose on Friday amid concerns that the movement lacked a clear message.

As corporations enjoy near record profits and Americans face staggering unemployment, protesters have pledged to occupy Wall Street in lower Manhattan until something is done about corporate greed and the influence of the wealthy on American politics. The protesters have been camped out in New York’s old Liberty Plaza, now called Zuccotti Park, since September 17.


As we gather together in solidarity to express a feeling of mass injustice, we must not lose sight of what brought us together. We write so that all people who feel wronged by the corporate forces of the world can know that we are your allies.
 
As one people, united, we acknowledge the reality: that the future of the human race requires the cooperation of its members; that our system must protect our rights, and upon corruption of that system, it is up to the individuals to protect their own rights, and those of their neighbors; that a democratic government derives its just power from the people, but corporations do not seek consent to extract wealth from the people and the Earth; and that no true democracy is attainable when the process is determined by economic power. 

We come to you at a time when corporations, which place profit over people, self-interest over justice, and oppression over equality, run our governments. 

We have peaceably assembled here, as is our right, to let these facts be known.

• They have taken our houses through an illegal foreclosure process, despite not having the original mortgage.
• They have taken bailouts from taxpayers with impunity, and continue to give Executives exorbitant bonuses.
• They have perpetuated inequality and discrimination in the workplace based on age, the color of one’s skin, sex, gender identity and sexual orientation.
• They have poisoned the food supply through negligence, and undermined the farming system through monopolization.
• They have profited off of the torture, confinement, and cruel treatment of countless animals, and actively hide these practices.
• They have continuously sought to strip employees of the right to negotiate for better pay and safer working conditions.
• They have held students hostage with tens of thousands of dollars of debt on education, which is itself a human right.
• They have consistently outsourced labor and used that outsourcing as leverage to cut workers’ healthcare and pay.
• They have influenced the courts to achieve the same rights as people, with none of the culpability or responsibility.
• They have spent millions of dollars on legal teams that look for ways to get them out of contracts in regards to health insurance.
• They have sold our privacy as a commodity.
• They have used the military and police force to prevent freedom of the press. They have deliberately declined to recall faulty products endangering lives in pursuit of profit.
• They determine economic policy, despite the catastrophic failures their policies have produced and continue to produce.
• They have donated large sums of money to politicians, who are responsible for regulating them.
• They continue to block alternate forms of energy to keep us dependent on oil.
• They continue to block generic forms of medicine that could save people’s lives or provide relief in order to protect investments that have already turned a substantial profit.
• They have purposely covered up oil spills, accidents, faulty bookkeeping, and inactive ingredients in pursuit of profit.
• They purposefully keep people misinformed and fearful through their control of the media.
• They have accepted private contracts to murder prisoners even when presented with serious doubts about their guilt.
• They have perpetuated colonialism at home and abroad. They have participated in the torture and murder of innocent civilians overseas.
• They continue to create weapons of mass destruction in order to receive government contracts. *

To the people of the world, We, the New York City General Assembly occupying Wall Street in Liberty Square, urge you to assert your power.

Exercise your right to peaceably assemble; occupy public space; create a process to address the problems we face, and generate solutions accessible to everyone.

To all communities that take action and form groups in the spirit of direct democracy, we offer support, documentation, and all of the resources at our disposal.

Join us and make your voices heard!

*These grievances are not all-inclusive.

Unfuckable Lard Ass ?!?

I just saw heard this on the Colbert Report and after Googling it I came across the following news article....

Italy, seriously folks, this guy's gotta go.

Don't you people have any shame, any self respect, any sense of morals ? How in the hell can you tolerate having this lecherous, narcissistic, foul-mouthed, elitist pig as your head of state ?

Isn't it bad enough that he's been banging 17yr old girls who're prostitutes (I know prostitution is legal in Italy but surely not underage ones). Isn't it bad enough that this moron is making comments about the head of state of THE country that could very well be your economic saviour (or not after this)

Original post is located here

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Berlusconi calls Merkel an "unfuckable lard-arse:" reports

Italian Premier Silvio Berlusconi reportedly calls German Chancellor Angela Merkel an "unfuckable lard-arse."

News DeskSeptember 15, 2011 14:48

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Italian Prime Minister Silvio Berlusconi inside the Parliament in Rome on July 15, 2011. (FILIPPO MONTEFORTE /AFP/Getty Images)

Italian premier Silvio Berlusconi reportedly called German Chancellor Angela Merkel an "unfuckable lard-arse" during a wiretapped conversation, the Independent of London reports.
Investigators overheard the remarks during a July phone conversation between Berlusconi and the man accused of supplying prostitutes to the prime minister's parties, the Independent states. Berlusconi used the Italian phrase, "culona inchiavabile," reports the Atlantic.
More from GlobalPost: Italian voters run out of sympathy for Berlusconi
Investigators were searching for evidence against the prime minister regarding a number of charges including corruption, Germany's The Local reports.
“If the rumors are true, which are not only circulating in journalist circles but also in parliament, that the Prime Minister has spoken about Merkel in an unspeakable, unpronounceable, unacceptable way, the situation would be dramatic. Someone who has reached out their hand to us would be spat at in the face," Italian MP Rocco Buttiglione told parliament, according to The Local.
Berlusconi, 74, has made a series of what many describe as outrageous gaffes during his tenure as prime minister. Three years ago, he described President Barack Obama as "suntanned."
The latest sexist remarks concerning Merkel came as German officials were pressuring Italy over its implementation of budget cuts.
During the call, Berlusconi also called Italy a "shitty" country.

What's on HBO tonight ?

They do great programming but this graphic really does capture the essence of what's on TV nowadays....

Click to Expand