Like a Surveillance Camera in Your Home

Stephen Harper's "lawful access" legislation represents an unprecedented invasion of privacy.

The internet is no longer simply an information revolution; it has become an integral part of our lives, and our increasing reliance on it has become a serious vulnerability. The Canadian government will soon table “lawful access” legislation, which will require internet service providers (ISPs) to record our contact information, set up a constant internet surveillance system, and report specific online exchanges upon request. This information would then be made available to law enforcement officials even if they did not have a court order or a warrant.

When this legislation was initially proposed, Canadian privacy and information commissioners expressed grave concern about the implementation of such drastic measures. They noted that the range of information obtained could exceed that gleaned from a lawful wiretap, and that there were many gaps in the proposed oversight model.

If passed, this law will fundamentally affect our social and personal lives. It’s akin to the government setting up a surveillance camera in our homes that it can turn on whenever it sees fit. The more we use the internet, the greater the chances are that we will be subject to state oversight.

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It is estimated that at least 42 per cent of Canadians are on Facebook, and that, of that group, a significant number are between 18 and 24 years old. This is of particular concern because youth are especially vulnerable to overzealous scrutiny by law enforcement. Earlier this month, a 13-year-old boy in Tacoma, Wash., was called into his principal's office to answer questions posed by Secret Service agents about a post on his Facebook page. The boy’s concern for U.S. President Barack Obama’s safety from retaliatory attacks after the death of Osama bin Laden was misinterpreted as a threat against the president. The structured privacy of online social networks can be invaded, and information misinterpreted, placing innocent individuals under unwarranted scrutiny.

Once gathered, information can be put to multiple uses – particularly in an opaque system that lacks civilian oversight. The proposed legislation fails to give adequate attention to possible abuse or misuse of information by Canadian law enforcement and those with whom it shares our personal information. The European Convention on Cybercrime, to which Canada is a signatory, presumes that terrorism is best combated with a thick blanket of mutual regulation at a global level. Information-sharing is an expectation. Transferring data across jurisdictions brings the possibility that innocent people may be subject to criminal laws or counter-terrorism policies in countries that offer less protection than Canada does.

Finally, this legislation is expensive, and the government has failed to indicate how it will be financed. Big Telecom has already indicated in the hearings on Bill C-74 that these costs will most likely be passed on to the consumer. Will Canadians agree to pick up the bill for the invasion of their privacy?

The proposed “lawful access” legislation would give us a future defined by high internet prices, tighter controls, and warrantless surveillance in a country where our telecommunications companies would be an extension of state law enforcement. OpenMedia.ca, Canada’s largest citizen-engagement group, has released a seminal report on the future of the internet in Canada. The goal is to call on Ottawa to use the well-researched plan put forward in the report as a cornerstone in developing open, accessible, and competitive digital-economy policies for Canada. The future of the internet, like our future, is up to us.

Photo courtesy of Reuters.