Ever since WikiLeaks stopped accepting publications, and ever since OpenLeaks proposed the model that DIDN’T HAPPEN, I’ve been thinking about the various technical and legal obstacles involved in running a leaks site in Canada, and whether I wanted to take the risk and do it. After much thought, I decided that I couldn’t do it due to the following reasons:
- Since this would be a national version of an international website, I would be bound by Canadian Law, and as such, I would also be subject to the Security of Information Act. I'm not a journalist so I wouldn't have the same supports as the Ottawa Citizen if I was the subject of a raid.</li>
- I suspect the RCMP or CSIS would upload Child Pornography on any leaking site they wanted to shut down, and I don't have the legal resources to fight any possession charge. Both agencies are known for playing dirty tricks on their enemies.</li> </ul> While it's entirely possible to get some server somewhere in Canada or elsewhere to host the data, the fact is that Canadian citizens, or someone who is extremely fluent in political and economic issues in Canada who the Canadian Govt. couldn't touch would have to go through the data, and that person would end up being vulnerable under both the Security of Information Act and the Criminal Code, depending on which tactic the Crown or the RCMP decide to take to shut the site down, and as a parent, I don't want my kid taken away because someone in the RCMP decided to settle a score with me. The thing is that if you DID want to setup a WikiLeaks clone, and you DID hire a lawyer (I am not one)</strong>, you might want to pay attention to this section of the Criminal Code</a>: Defence (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and (b) does not pose an undue risk of harm to persons under the age of eighteen years. </em> I believe that (a) would qualify, since the very real possibility exists that someone may try to cram your secure, anonymous dropbox full of Child Pornography and then call the cops to fuck you over. There's been cases in the UK</a> of people planting Child Porn on other people's computers, and I'm sure that it's happened in the United States or Canada as well, either because of a disgruntled pervert wanting to ruin someone's life, or a virus or trojan downloading it. In the case of an anonymous drop box where the data is stored in an encrypted volume of some type (real, virtual or BOTH), it's likely that deleting the material on discovery and not processing the material any further would be the work that you would be doing. This would be similar to any site that allows any person to upload this. That being said, most sites keep logs, and your secure dropbox would not be keeping logs to protect your sources. Talk to your lawyer</strong> before beginning any Wikileaks-type project. That being said, if anyone with the money and the ability to take the risk were to start a regional/Canadian Wikileaks, I'd be down with helping out, but not the sifting through everything that could be sent over the Internet. I don't really feel like getting raided or v&.