INDEPENDENT MEDIA by Steve Anderson

I want to start this column with a statement from the Office of the Privacy Commission: “Privacy is often viewed as a fundamental human right and, arguably, the right from which many other essential freedoms flow: individual autonomy and decision-making, freedom of speech, freedom of association and freedom of thought.”

Within the first 100 days of Parliament, the government has promised to push through a set of invasive, anti-internet, “Lawful Access” electronic surveillance laws. If passed, these laws will turn internet service providers (ISPs) against their own customers by making them collect our personal information without court oversight. If this internet surveillance bill goes through, authorities will have real-time access to our personal online information.

Why should Canadians be concerned about these internet surveillance laws?

1. It will force internet service providers to identify anonymous customers upon request, without the need to demonstrate any evidence these customers have done anything wrong.

2. It will implement open-ended requirements that may force millions of dollars in ISP investment in new surveillance technologies. This cost will be passed on to Canadians.

3. The laws make the unwarranted seizure of our personal information legal; therefore, in future, there will be no way to track the use and abuse of these unchecked powers.

4. A coalition of Canadian Privacy Commissioners has expressed deep concern regarding these bills, which, in their words, “enhanc[e] the capacity of the state to conduct surveillance and access private information while reducing the frequency and vigour of judicial scrutiny.” This will be done, the Commissioners continue, in the absence of any evidence demonstrating need.

5. Elements of these laws will absolve service providers from any obligation to verify that state agents are legitimately requesting information before handing it over.

The federal government has promised to pass a large proportion of these invasive laws soon after Parliament reconvenes, bundled along with dozens of other crime prevention laws. This will leave little, if any room, for substantive debate. According to the Privacy Commissioner, “the federal government has presented no compelling evidence that new powers are needed.”

These internet surveillance policies have the potential to fundamentally reshape the internet in Canada. Police and other authorities must have the tools and information necessary to do their jobs, but these bills go too far; they both threaten the open internet and violate our fundamental right to privacy.

In Canada, we need a positive agenda for our digital future and these laws move us in the wrong direction. OpenMedia.ca has put forth a well-researched report that looks at the economic, technical and cultural aspects of internet openness, as well as international comparisons and Canadian public opinion. The report, entitled “Casting an Open Net,” includes a citizen-centred action plan for a gouge-free, open and affordable internet.

See Casting an Open Net at www.openmedia.ca/report

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Steve Anderson is the national coordinator for the Campaign for Democratic Media. He has written for The Tyee, Toronto Star, Epoch Times and Adbusters.
steve@democraticmedia.ca
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