How Fucked Am I Today - Bill C-47
A useful analysis of each section of the bill being proposed which is designed to allow RCMP, CSIS and likely lower level law enforcement agencies to require ISPs and other telecommunication service providers access to data transmissions.
Some of the wonderful highlights include:
- If it’s encrypted, you have to provide access to the decryption key
- If it can be decrypted by the ISP, the ISP must make an effort to do so (unless there is no way)
- No court order is necessary, only an order by an ‘authorized person’ (can be a company, govt branch, its open)
- The ISP must hand over related personally identifiable information related to these transmissions (who you are, the rest of your docs)
- This info can be collected and distributed to other foreign governments or police forces
- No specific interval or requirement to report on these orders and activities, nor have Privacy Office oversight
- ..and it just gets better and better.
An interesting response came from the Canadian Privacy Commissioner with respect to this and one similar bill (C-46). Paraphrasing it a bit here, but: “Fuck you.”
Specifically, these are some of the questions unanswered which law enforcement and surveillance agencies are dodging:
“In specific terms, how is the current regime of judicial authorization not meeting the needs of law enforcement and national security authorities in relation to the Internet? What law enforcement or national security duty justifies access without a warrant by authorities to personal information or preservation of private communication?
Why are some of these powers unrestricted, when the spirit of Canadian law clearly reflects the view that access or seizure without court authorization should be exceptional?
And finally, are the mechanisms for accountability commensurate to the unprecedented powers envisaged?”
Great questions.
While not as bad, it’s eerily similar to the hastily drafted and approved US Patriot Act. That act, has had a whole bunch of fun examples of its misuse and abuse.
Let’s learn from their mistakes and pass on this one.
