Meet the new Bill C-51

Many of us have been pondering what would be coming first, now that Harper has his majority. We are quickly finding out!

The Conservatives are making a commitment to passing lawful access legislation within 100 days of their majority government, the new bills have enormous implications for the Internet. That has never received parliamentary scrutiny and will receive limited attention.

The new bill C-51 is titled: Investigative Powers for the 21st Century Act
Read the full bill HERE

I read a very good breakdown of the bill at scathinglywrongrightwingnutz.blogspot.com Which says:

Clause 11: The existing provisions of the Code regarding the offences of sending a message in a false name and sending false information, indecent remarks or “harassing” messages (the French term “harassants” currently used in subsection 372(3) of the Code is replaced by “harcelants” in the bill) refer to certain communication technologies used to commit those offences, such as telegram, radio and telephone. Clause 11 of the bill amends those offences by removing the references to those specific communication technologies and, for some of those offences, substituting a reference to any means of telecommunication. As a result, it will be possible to lay charges in respect of those offences regardless of the transmission method or technology used.

This is an exact duplicate of the process that brought thought crimes legislation, Section 13 of the Canadian Human Rights Act, to the internet and enabled the Canadian Human Rights Commission to engage in acts that were finally ruled to be unconstitutional by the very Canadian Human Rights Tribunals that rubber stamped convictions in 100% of the cases brought before it. Only this time it is to be expanded upon and enshrined in the Criminal Code of Canada. If this Bill is passed the Canadian government can throw out the reviled Section 13 of the CHRA, they won’t need it anymore because they will have something even worse to use against us.

Look very carefully at the wording of Clause 11 above. The key word is “and” which follows the words in bold text (text not bold in original document). It would be bad enough if the new law proposed making it an additional offense to use a false name (an internet alias) “while” “sending false information, indecent remarks or “harassing” messages”, like using a firearm in the commission of a robbery, but this wording makes “sending a message using a false name” a stand alone crime. Think long and hard about the implications and dangers of this part of this proposed bill.

Where are internet aliases most commonly used by Canadians today? They are almost universally used in internet forums, bloggers’ comments sections, and comment sections of other websites. This law will make using an alias a crime. It is not likely they will try to prosecute everyone using an alias online but it will give the government the means to identify and criminalize anyone who writes anything the government disapproves of. Imagine an internet where Canadians were forbidden by law to speak anonymously.

Think it would never happen in Canada? Never forget what happened with the CHRC and never give those who enabled that disaster the means to do it again.

Michael Geist (michaelgeist.ca) writes:

The substance of the proposals that have the potential to fundamentally reshape the Internet in Canada. The bills contain a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.

The first prong mandates the disclosure of Internet provider customer information without court oversight. Under current privacy laws, providers may voluntarily disclose customer information but are not required to do so. The new system would require the disclosure of customer name, address, phone number, email address, Internet protocol address, and a series of device identification numbers.

While some of that information may seem relatively harmless, the ability to link it with other data will often open the door to a detailed profile about an identifiable person. Given its potential sensitivity, the decision to require disclosure without any oversight should raise concerns within the Canadian privacy community.

The second prong requires Internet providers to dramatically re-work their networks to allow for real-time surveillance. The bill sets out detailed capability requirements that will eventually apply to all Canadian Internet providers. These include the power to intercept communications, to isolate the communications to a particular individual, and to engage in multiple simultaneous interceptions.

Moreover, 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 (and who may then be subject to RCMP background checks).

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. Follow-up reports are also required when providers acquire new technical capabilities.

The requirements could have a significant impact on many smaller and independent Internet providers. Although the bill grants them a three-year implementation delay, the technical capabilities extend far beyond most of their commercial needs. Indeed, after years of concern over the privacy impact associated with deep-packet inspection of Internet traffic (costly technologies that examine Internet communications in real time), these bills appear to require all Internet providers to install such capabilities.

Having obtained customer information without court oversight and mandated Internet surveillance capabilities, the third prong creates a several new police powers designed to obtain access to the surveillance data. These include new transmission data warrants that would grant real-time access to all the information generated during the creation, transmission or reception of a communication including the type, direction, time, duration, origin, destination or termination of the communication.

Law enforcement could then obtain a preservation order to require providers to preserve subscriber information, including specific communication information, for 90 days. Finally, having obtained and preserved the data, production orders can be used to require the disclosure of specified communications or transmission data.

While Internet providers would actively work with law enforcement in collecting and disclosing the subscriber information, they could also be prohibited from disclosing the disclosures as court may bar them from informing subscribers that they have been subject to surveillance or information disclosures.

Few would argue that it is important to ensure that law enforcement has the necessary tools to address online crime issues. But these proposals come at an enormous financial and privacy cost, with as yet limited evidence that the current legal framework has impeded important police work. In fact, when then Public Safety Minister Peter Van Loan tried to justify his lawful access package, he pointed to an emergency situation that I later revealed (via access to information) had nothing to do with the Internet.

Now here is my 2 cents.

To all of us who have been paying attention to what is happening to our country, this should come as no surprise. This bill was actually introduced in November of 2010, but it did not move forward. Until now, when Harper has his majority and can push through whatever he wants. Another secret initiative with no substance behind the official explanation for it.

The reality is that the ruling class of this world are not happy about the internet and its freedoms. Alternative media has risen to all time highs and only continues to grow. Their control is being broken. Issues like the North American Security Perimeter, the NAU, and the total clearance sale of every fundamental piece of our sovereignty are being blown wide open!

In the elites eyes, this must be stopped. So why not make it a crime, and totally monitor the internet for political dissidents. Only makes sense right?

We have got one hell of a fight starting, on countless fronts! Are you ready for it? Or are you going to go quietly into the night?