174 lines
8.3 KiB
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174 lines
8.3 KiB
Plaintext
From fork-admin@xent.com Wed Aug 28 12:02:22 2002
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Message-Id: <3D6CAD7B.6010800@permafrost.net>
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From: Owen Byrne <owen@permafrost.net>
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To: fork@example.com
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Subject: Canadians again - something a little more substantive
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Date: Wed, 28 Aug 2002 08:01:15 -0300
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Politicians worldwide are discovering the internet - what a great tool
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for fascism, once you got the laws in place to solve that whole
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'anonymity' thing. Also I notice this story shows the truth - the
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Canadian government is really located in Washington, DC, Ottawa is just
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a branch office. Come to think of it, the last story I posted about
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Canada featured the head of its military, 'speaking to us from military
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HQ in Palm Beach, Florida.'
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Owen
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----------------------------------------------------------------------------------------------------------------------------
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.
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*Will Canada's ISPs become spies?*
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By Declan McCullagh <mailto:declan.mccullagh@cnet.com>
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Staff Writer, CNET News.com
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August 27, 2002, 12:56 PM PT
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http://news.com.com/2100-1023-955595.html
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<http://news.com.com/2100-1023-955595.html?tag=prntfr>
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*WASHINGTON--The Canadian government is considering a proposal that
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would force Internet providers to rewire their networks for easy
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surveillance by police and spy agencies.*
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A discussion draft <http://www.canada.justice.gc.ca/en/cons/la_al/>
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released Sunday also contemplates creating a national database of every
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Canadian with an Internet account, a plan that could sharply curtail the
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right to be anonymous online.
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The Canadian government, including the Department of Justice
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<http://canada.justice.gc.ca/> and Industry Canada
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<http://www.ic.gc.ca/>, wrote the 21-page blueprint as a near-final step
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in a process that seeks to give law enforcement agents more authority to
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conduct electronic surveillance. A proposed law based on the discussion
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draft is expected to be introduced in Parliament late this year or in
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early 2003.
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Arguing that more and more communications take place in electronic form,
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Canadian officials say such laws are necessary to fight terrorism and
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combat even run-of-the-mill crimes. They also claim that by enacting
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these proposals, Canada will be following its obligations under the
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Council of Europe's cybercrime treaty
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<http://news.com.com/2100-1001-268894.html>, which the country is in the
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process of considering.
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If the discussion draft were to become law, it would outlaw the
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possession of computer viruses, authorize police to order Internet
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providers to retain logs of all Web browsing for up to six months, and
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permit police to obtain a search warrant allowing them to find "hidden
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electronic and digital devices" that a suspect might be concealing. In
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most circumstances, a court order would be required for government
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agents to conduct Internet monitoring.
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Canada and the United States are nonvoting members of the Council of
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Europe, and representatives from both countries' police agencies have
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endorsed the controversial cybercrime treaty
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<http://conventions.coe.int/Treaty/EN/CadreListeTraites.htm>, which has
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drawn protests from human rights activists and civil liberties groups.
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Of nearly 50 participating nations, only Albania has formally adopted
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<http://conventions.coe.int/Treaty/EN/searchsig.asp?NT=185&CM=8&DF=27/08/02>,
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or ratified, the treaty.
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Michael Geist <http://aix1.uottawa.ca/%7Egeist/>, a professor at the
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University of Ottawa who specializes in e-commerce law, says that the
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justification for adopting such sweeping changes to Canadian law seems
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weak.
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"It seems to me that the main justification they've given for all the
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changes is that we want to ratify the cybercrime treaty and we need to
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make changes," Geist said. "To me that's not a particularly convincing
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argument. If there are new powers needed for law enforcement authority,
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make that case."
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Geist added that "there's nothing in the document that indicates (new
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powers) are needed. I don't know that there have been a significant
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number of cases where police have run into problems."
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Probably the most sweeping change the legal blueprint contemplates is
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compelling Internet providers and telephone companies to reconfigure
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their networks to facilitate government eavesdropping and data-retention
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orders. The United States has a similar requirement, called the
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Communications Assistance for Law Enforcement Act
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<http://www.epic.org/privacy/wiretap/calea/calea_law.html>, but it
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applies only to pre-Internet telecommunications companies.
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"It is proposed that all service providers (wireless, wireline and
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Internet) be required to ensure that their systems have the technical
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capability to provide lawful access to law enforcement and national
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security agencies," according to the proposal. Companies would be
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responsible for paying the costs of buying new equipment.
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Sarah Andrews, an analyst at the Electronic Privacy Information Center
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<http://www.epic.org/> (EPIC) who specializes in international law, says
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the proposal goes beyond what the cybercrime treaty specifies. "Their
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proposal for intercept capability talks about all service providers, not
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just Internet providers," Andrews said. "The cybercrime treaty deals
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only with computer data." EPIC opposes
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<http://www.privacyinternational.org/issues/cybercrime/coe/ngo_letter_601.htm>
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the cybercrime treaty, saying it grants too much power to police and
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does not adequately respect privacy rights.
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Another section of the proposal says the Canadian Association of Chiefs
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of Police recommends "the establishment of a national database" with
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personal information about all Canadian Internet users. "The
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implementation of such a database would presuppose that service
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providers are compelled to provide accurate and current information,"
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the draft says.
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Gus Hosein, a visiting fellow at the London School of Economics and an
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activist with Privacy International, calls the database "a dumb idea."
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"Immediately you have to wonder if you're allowed to use anonymous
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mobile phones or whether you're allowed to connect to the Internet
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anonymously," Hosein said.
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A representative for George Radwanski
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<http://www.privcom.gc.ca/au_e.asp>, Canada's privacy commissioner, said
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the office is reviewing the blueprint and does not "have any comments on
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the paper as it stands."
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Comments on the proposal can be sent to la-al@justice.gc.ca
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<mailto:la-al@justice.gc.ca> no later than Nov. 15.
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