It's been a while since I went off on a rant.....
Consider Bill C-30, the you can " stand with us or with the child pornographers" Act that fails to actually mention predators or pornography anywhere in the act besides the title.
The cynics amongst us might guess that this is probably because that renaming effort from the original " Investigating and Preventing Criminal Electronic Communications Act" is a crass marketing schtick to allow Conservative to accuse anyone voting against this bill of voting against protecting children.
The cynics, of course, would be correct.
But besides that usual level of legislative slime, shall we take a brief moment and point out just how dangerous this act is? I won't even add any commentary to the relevant sections. You read along with me and you see if you can figure out what this means for you.
Start off with this one basic assumption: you have a wireless router provided by your ISP in your home.
Here we go:
2. (1) The following definitions apply in this Act.
telecommunications data means data relating to the telecommunications functions of dialling, routing, addressing or signalling that identifies or purports to identify the origin, type, direction, date, time, duration, size, destination or termination of a telecommunication generated or received by means of a telecommunications facility or the type of telecommunications service used. It also means any transmission data that may be obtained under subsection 492.2(1) of the Criminal Code.
telecommunications facility means any facility, apparatus or other thing that is used for telecommunications or for any operation directly connected with telecommunications.
telecommunications service means a service, or a feature of a service, that is provided by means of telecommunications facilities, whether the provider owns, leases or has any other interest in or right respecting the telecommunications facilities and any related equipment used to provide the service.
telecommunications service provider
telecommunications service provider means a person that, independently or as part of a group or association, provides telecommunications services.
3. The purpose of this Act is to ensure that telecommunications service providers have the capability to enable national security and law enforcement agencies to exercise their authority to intercept communications and to require telecommunications service providers to provide subscriber and other information, without unreasonably impairing the privacy of individuals, the provision of telecommunications services to Canadians or the competitiveness of the Canadian telecommunications industry.
ADMINISTRATION AND ENFORCEMENT
33. (1) The Minister may designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act.
(2) An inspector is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the inspector enters under subsection 34(1).
34. (1) An inspector may, for a purpose related to verifying compliance with this Act, enter any place owned by, or under the control of, any telecommunications service provider in which the inspector has reasonable grounds to believe there is any document, information, transmission apparatus, telecommunications facility or any other thing to which this Act applies.
(2) The inspector may, for that purpose,
(a) examine any document, information or thing found in the place and open or cause to be opened any container or other thing;
(b) examine or test or cause to be tested any telecommunications facility or transmission apparatus or related equipment found in the place;
(c) use, or cause to be used, any computer system in the place to search and examine any information contained in or available to the system;
(d) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying; or
(e) use, or cause to be used, any copying equipment or means of telecommunication at the place.
(3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspector to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
(4) The inspector may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.
35. (1) If the place referred to in subsection 34(1) is a dwelling-house, the inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place referred to in subsection 34(1);
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
So, if you have a wireless router, you are providing a operations directly related to telecommunications. This, by definition, means that you provide a telecom service which makes you a telecommunications service provider because this designation holds "whether the provider owns, leases or has any other interest in or right respecting the telecommunications facilities and any related equipment used to provide the service."
As such, anyone (or class of anyones) designated an Inspector (like, oh, say a cop) is granted complete and full access to "examine any document, information or thing found in the place and open or cause to be opened any container or other thing" in your house. If you refuse entry, it is an automatic warrant to do that search as the only test is a refusal to grant entry and a desire to verify your compliance with keeping records of all of the users of your telecommunications service.
Personal Side Note to Vic: Look Vic buddy, here's one simple thought. When you can't even sell you bill to Captain Wetsuit, and it is Stockwell F*cking Day who comes across as sounding sensible on the issue... just give it up already.
Personal Side Note to the opposition parties: Look, its obvious at this point that this government is simply going to quash every debate and refuse any ammendment to any bill that you ever propose. They are convinced that they are right, that they are perfect, and that any indication that they might not be perfect is a sign of weakness. So there is just no point any more. And you should make that your point. If they want to be childish, well it's time to serve up a steaming pile or TAT to those TITs. How do we do that? By making our own childish point. I propose that, for the month of April, all you do is request that each and every clause in each new bill that hits the floor of the House of Commons be ammended to add the following words at the end of the clause: "in your pants". Remember how hilarious that game was when you were... ohhh.... 10 or so? Have at it mateys! Propose each change as one ammendment, and get up and read it out to the House. "Mr Speaker? I am proposing that clause 13 of Bill C-30 be ammended to read '(3) In deciding whether to make an order, the Minister must take into account the public interest in national security and law enforcement and the commercial interests of the telecommunications service provider as well as any other matter that the Minister considers relevant.... in your pants'"
If they are gonna act like schoolyard bullies, we might as well act like the class clown. After all, at least people like the class clown.
It's been a while since I went off on a rant.....
It is always awkward getting introduced to The Family. You know things are getting serious when that happens - when you are propped up on display for all of your new partner's loved ones to pass judgement on.
I am, it has been noted, an argumentative SOB sometimes. I'm pretty good at it too, and have a fair history of out-jousting others to have my way selected when decisions have to be made at work.
I've finally, after talking about it for months... years .... decades... been working hard to overcome my inate shyness and jam my camera in people's faces in public. For years I saw things I wanted to shoot and couldn't lift the camera. Now, I force myself to.
I went up to the Hill on Wednesday to pay my respects. After all, he led the party that my Grandfather helped form so many years ago. Never seen so orange a memorial...