On February 14th, the Conservative Party tabled bill C-51, the “Investigative Powers for the 21st Century Act”. If passed, the bill would mandate internet service providers to monitor and store all email, internet and telephone activity from their users. Police would be authorized to search an ISPs records and obtain information on a Canadian Citizen without obtaining a warrant.This law would force ISPs to perform unreasonable searches on their users, which may violate sections 1 & 8 of the Canadian charter of rights and freedoms.
Bill C-51 modifies several existing laws by widening the definition of telecommunications and creating new warrants for digital surveillance devices. Clause 11 of this bill C-51 expands the previous definitions of the criminal code (ss. 371 and 372. ) so that the crime of “sending a message in a false name” applies “any means of telecommunication” (including the internet), when it previously applied only to “telegram, radio and telephone.” This language could make using an alias on the internet a crime.
This bill poses a direct threat to our privacy, civil liberties, due precess, and freedom of expression. We cannot allow to the Conservative Party to pass the bill in it’s current form. If it does, the law will be widely interpreted could be applied to criminalize anonymity.
The bill would also have the drastic and immediate effect of increasing the cost of the internet by forcing ISPs to spy on their users. (paraphrasing michaelgeist.ca);
- “This bill mandates the disclosure of Internet provider customer information without court oversight.”
- “The bill establishes a comprehensive regulatory structure for Internet providers that would mandate their assistance with testing their surveillance capabilities and disclosing the names of all employees who may be involved in interceptions.”
- “The bill also establishes numerous reporting requirements including mandating that all Internet providers disclose their technical surveillance capabilities within six months of the law taking effect.”
From a letter signed by 16 provincial and federal privacy commissioners addressed to William Baker, Deputy Minister of Public Safety;
“Read together, the provisions of Bills C-50, C-51, and C-52 (augmented by changes in Bills C-22 and C-29) would substantially diminish the privacy rights of Canadians. They do so by enhancing the capacity of the state to conduct surveillance and access private information while reducing the frequency and vigour of judicial scrutiny. In essence, they make it easier for the state to subject more individuals to surveillance and scrutiny.”
- Investigative Powers for the 21st Century Act Bill C-51 (full text)
- Legislative summary of Bill C-51 (read!)
- “Letter to Public Safety Canada from Canada’s Privacy Commissioners and Ombudspersons on the current ‘Lawful Access’ proposals” (Link)
- Chapter 5: Comments by Canada’s Privacy and Information Commissioners (Link)
- The Globe and Mail; Bill C-51 will turn ISPs into internet gatekeepers.
- Bill C-15, Targeting natural health products? CBC
- Meet bill C-51; Canadian awareness
- Online Privacy and the police, The Dominion
- Bill C-51 misses the mark on Hate crimes; Toronto Sun
- The Conservatives commitment to internet surveillance; Michael Giest
Organizations;
Stop Bill C-51
Send a message to the minister of public safety; William Baker
Send a letter (no postage required)
Mr. William V. Baker
Deputy Minister Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Contact Public Safety Canada
General enquiries Contact Online
613-944-4875 or 1-800-830-3118
communications@ps.gc.ca
