So far, reading this, it doesn’t appear that the text has changed much from Bill C-52. There’s still the mandate of ISPs to put backdoors on their communications. This is clearly the clause to defeat Blackberry Messenger’s encryption. There is also the legislation that is put in place about software and hardware. One thing that I’m not clear on is whether a Tor node is considered a Telecommunications Provider. If so, it looks like we’re going to have some serious problems.
It seems that the Government of Canada is providing the equipment for the interception as well, which will make things interesting since there will be a roll-out time for the backdoors to be put in place at the ISPs. In addition to that, there would have to be a procurement process for the Government to buy its spy gear. After numerous requests to the RCMP about lawful intercept hardware, I may have to escalate it to Public Safety to see if their ATIP department (which is the pinnacle of uselessness) can give me any info. (BTW: It’s fun when other ATIP analysts start complaining about Public Safety when I tell them that Public Safety sent me to them. It makes me feel like we’re on the same page).
As far as the oversight, there’s still extremely little oversight. In fact, it appears that there is no clear oversight on provincial uses of this spy bill, and that the Federal Privacy Commissioner is left to try to come up with a scheme. I should point out that the Federal Privacy Commissioner and all the Provincial Privacy Commissioners have come out against this bill.
I do notice that this bill will be up for review in 2017. This means that if this does get passed, and it doesn’t get knocked down by the Supreme Court of Canada, if people can get rid of Harper and Toews, that this may be temporary. That’s very little comfort given the fact that the RCMP and CSIS will have been spying on all our conversations for five years. In addition to that, it seems that there’s a delay of 18 months for ISPs to gain the capability in the bill, which means that we have 18 months to find a foreign VPN and set up our home routers to tunnel everything.
Following this crazy, fascist bill are amendments to the Criminal Code of Canada. There are updates to everything from Child Pornography, hacking, phreaking, fraud, indecent and harassing communications, requirement of warrants for tracking devices, and something called a “transmission data recorder” which may include things such as IMSI catchers.
Again, this bill is completely awful, and while it’s nice to see that certain things like tracking devices and IMSI catchers would require warrants, this bill does make it seem like it’s a shopping list for everything the RCMP and CSIS want to have to spy on people, and that neither the RCMP or CSIS have provided justification.
Of course, I’ve had no legal training, so I may be reading this wrong, but I do think that this bill needs to be stopped, since much of it borders on insanity. Private property is just that, private, and the police have no business going on Private Property without a warrant. I don’t care if it’s an office, a bookstore or a hackspace, this new bill seems to give the police the power to just up and take computers out of cyber cafes, bookstores and other places without a warrant. We’ve already seen crazy seizures with what happened with Camas Books after the Mayor of Victoria’s house was vandalized, and that to me indicates that this extra power is unnecessary.
Again, I’ll wait for Michael Geist’s take on this, but so far it’s the same shit, only in a scarier pile.