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Online surveillance bill will fight cyber crime: minister
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Online surveillance bill will fight cyber crime: minister
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Online surveillance bill will fight cyber crime: minister
Andrea Janus, CTVNews.ca
Date: Tue. Feb. 14 2012 11:20 PM ET
Public Safety Minister Vic Toews says new legislation to make it easier for law enforcement to conduct electronic surveillance "will slow down the proliferation of child pornography," but the Opposition charges the bill will allow the government to spy on ordinary Canadians' online activities.
Toews tabled the legislation, called the "Protecting Children from Internet Predators Act," on Tuesday.
He said the bill would require telecommunications service providers to implement and maintain systems by which they can monitor and intercept communications, as well as systems to allow them to more quickly respond to requests for basic subscriber information from law enforcement agencies.
The legislation also outlines six pieces of basic personal information that telecom service providers will now be required to hand over to law enforcement without a warrant, including a name and address tied to a particular ISP address that police are investigating.
Toews told CTV's Power Play that current laws do little to prevent child pornography from proliferating.
"We need to put an end to it," Toews said.
He added that information telecom providers would be required to give to police are basic details that will then allow officers to obtain warrants.
"Without a warrant, police are not allowed to look at the contents of any email and nor are they allowed to follow you on the web," Toews said.
Toews pointed out that the law contains oversight mechanisms, which require police to compile information about these types of requests and how they have used the information, and issue reports to the relevant government ministers.
But the New Democrats said they see no justification for the new legislation allowing for expanded online monitoring powers.
After the bill was tabled, NDP MP Charlie Angus charged that, with the legislation, the government is breaking a promise made before the last election that it would not support "spying on Canadians without judicial oversight."
Angus said he understands that cyber crime is a growing concern, and said his party wants to make sure law enforcement agencies have the tools they need.
But he said his party also wants to ensure that Canadians' rights to privacy and judicial oversight are protected.
During question period in the House of Commons, Angus said the bill was akin to "putting an electronic prisoner's bracelet on everyone with a cellphone," and accused the government of treating law-abiding citizens "like criminals" by tracking their online activity.
Toews fired back, saying Angus's accusations were "false."
"There is nothing in the bill that allows the police to snoop on individual private conversations or even to follow a person's activities on the web," he said. "All that has to be done is through a judicially authorized warrant."
Government defends bill
Toews said during a news conference the bill does not allow the government to monitor private conversations, web activity or emails of Canadians without a warrant. And it will not allow police to look at the substance of an email or follow someone's Internet use without a warrant.
Toews said law enforcement agencies have been hampered during investigations, particularly into child pornography and abductions, by differing technological capabilities and policies for sharing information of telecomm service providers (TSPs).
Toews said there have been instances when law enforcement or national security agencies "have the lawful authority to intercept communication," but have been prevented from doing so by a lack of capacity on the part of the ISPs.
Paul Gillespie, president and CEO of the Kids Internet Safety Alliance and a former investigator with the Toronto police child exploitation centre, said the legislation would require telecom service providers to keep up with technological innovations that allow criminals to stay under police radar.
He said the basic information police could obtain without a warrant would be key to beginning to build a case against an online predator.
"This expedites things, and the reason it's important is because on the Internet we're seeing thousands of such cases coming to light these days, and we've seen it almost grow out of control," Gillespie told CTV's National Affairs.
"And if we don't increase the response or at least help law enforcement move a little quicker in some of these cases, we're just sort of chasing our tails."
Gillespie said the court system will always hold police accountable for how they obtain and use the information, because judges have the authority to determine if investigators "acted legally and lawfully and in good faith."
But Michael Geist, a University of Ottawa law professor and an expert on privacy issues, said most telecom service providers already comply with requests for basic subscriber information.
Geist said the search warrant process ensures oversight during investigations, and mandating that providers hand over subscriber information removes that system of check and balance.
"That's the kind of privacy protection that exists within the law today. It's the kind of privacy protection that courts who have looked at this issue in any number of different cases, not just in crime cases but also dealing with things like copyright, have said that's how we try to strike a balance," Geist told National Affairs.
On Monday, Toews sparked outrage among the opposition parties when he told a Liberal MP during question period that not supporting the legislation would be akin to siding with child pornographers.
When asked about Toews' quote, Angus told reporters earlier Tuesday the minister should "stop hiding behind the bogeyman."
"I think Vic Toews has besmirched his reputation as a minister. I think he needs to be honest with Canadians," Angus said. "And if this government wants to tell the Conservative base, if they want to tell average Canadians that they think it's okay to spy on every activity of the Canadian public on the Internet, well he should have the guts to come out and say that."
Privacy Commissioner Jennifer Stoddart has also expressed concerns over previous incarnations of the legislation.
Stoddart has said she is particularly troubled by provisions that would allow police to access Internet subscriber information without first getting permission from a court.
Assistant privacy commissioner Chantal Bernier said she is still unclear exactly under what circumstances police can obtain information without a warrant.
"It doesn't say why the police can ask, it doesn't speak of the circumstances, it is not subject to judicial oversight. So really it is quite limitless," Bernier told Power Play. "We need to see why this seems to be needed and why couldn't we tailor it to certain circumstances, such as the suspicion of criminal activity?"
With files from The Canadian Press
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Chris, Alberta
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Will
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Barb - Winnipeg
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Sue123
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Niagara George
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Franck Commonsens
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bwb
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JIm
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george
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BC Central Interior
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Trey
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Tech savvy Daddy
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mlatouche
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Ken from Alberta
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CanadaAware
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BFA
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Arthur
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wolfeden
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DANIEL H
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Moderate Blue
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Norman
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another one
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Zoe
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D
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libertarian
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BP from Winnipeg
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samisadog
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Bill, Vancouver
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Glen
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R.W.
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And if you think that the police will not abuse their authority, you certainly are not looking at the history of our police forces.
How many people have been released from prison in the last ten years who have been found "guilty" because of police hiding evidence, or fabricating evidence.
I have NO trust in police NOT abusing such powers.
Leave the legal justification for access to private conversations with who it rightfully belongs, a Justice or Magisisteate
Will
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Trevor H.
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IH
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mike beard
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Dave
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Alexandria
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Guy Fawkes
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KJ in Calgary
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Really?
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Kevin
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Redneck Albertan
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Sandra
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Terry
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Private Citizen
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jim
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Al in Edmonton
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Tigerincanada
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Ronnie
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It's a sad day for Canadians everywhere to see just one more advancement to a police state.
Personally I think this new bill is an invasion of privacy and as one MPP said: our cell phones and our blackberries are now electronic bracelets for the convenience of the police to track you down like a dog anytime they feel like invading your privacy.
I entitle myself to complain; I DIDN'T VOTE CONSERVATIVE!
Shame on this government!
Andre Matuch
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Stu
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Collin
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Gordon
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Bumcrack USA
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Cinzia
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pegger
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KJ in Kingston Ontario
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Ray from Saskatoon
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Ian
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Worried for Real
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D. Vancouver
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Doug
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Hidding this omnibus open search behind the protection of children poster is extreme politics at best. Limit it to childrens issues then.
Millicent Wendy
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Proud Canadian
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Howard in Brampton
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Nonsense government
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Len
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JF -Surrey, BC
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Hobbes
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Bob in Chatham
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Sara
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If any of you really cared about the children you would put oversight into the childrens aid Society's by getting the ombudsman involved. That organization is mandated to protect the children but end up dong more damage then good. There is a lot more damage done to kids through that orgaization than anything happening on the internet. Clean up that organization if it really is the kids you care about.
Craig from NS
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willyb
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Law and Order
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Dale - Surrey, BC
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Jay in Stoon
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Sassy
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Mommy of two in Calgary
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Privacy vs public safety
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Canadian Bob
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devils advocate
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BoredOnTheCorner
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Danny Dinosaur
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BoredOnTheCorner
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Ali
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weasel
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Ken Dillon
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Larry I Ontario
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Stop Harper!
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Alberta Troy
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Aaron Sterlind
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ejes
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Helga Laval
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Paul
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Penelope Swankers
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Franck Commonsens
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Rick W in BC
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Lorne - MTL
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G Harrison
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These vindictive little bullies won't be happy until they've locked up every last respectful, caring, decent Canadian.
Oldfishcalgary
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John Wright
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Pokey
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Bumcrack USA
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Simon
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Rob, Calgary
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J.C.
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Michael Giorgi
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Brian G. Rice
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Cilla
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Take a look at other countries trying to enforce similar policies. ACTA. With the United Nations.One world one government.
mike
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tom
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frank
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(UN)Intelligent Liberal would rather protect the rights of criminals then the victims, typical lefty stand.
If you do nothing wrong, there is no reason the police would monitor you. I own legal registered firearms, I was one of the first to register them when the law came out in the 1990's, and I've never had a police officer knock on my door searching my legal guns.
Typical lefties getting their panties in a knot!
Robert
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Intelligent Liberal
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Dave
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Diana 3
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Hathak
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If the government wanted to do what ever they like to the people and no questiones asked what is the diffrence between us and Saudia Arabia?
David
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JP Doiron
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government has already enough laws to permit the surveillance of criminal activites. Law enforcement must apply for a warrant if it deems an individual is doing something illegal.
I take great offence by the Justice Minister to include me with Child pornographers. I cherish my freedom of choice and privacy and what I do on the internet is none of his business.
This draconian measure is uncalled for and must be stopped.
Lets protect our rights!!!!!
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1984
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