Quotulatiousness

July 17, 2015

The case for encryption – “Encryption should be enabled for everything by default”

Filed under: Liberty,Technology — Tags: , , — Nicholas @ 03:00

Bruce Schneier explains why you should care (a lot) about having your data encrypted:

Encryption protects our data. It protects our data when it’s sitting on our computers and in data centers, and it protects it when it’s being transmitted around the Internet. It protects our conversations, whether video, voice, or text. It protects our privacy. It protects our anonymity. And sometimes, it protects our lives.

This protection is important for everyone. It’s easy to see how encryption protects journalists, human rights defenders, and political activists in authoritarian countries. But encryption protects the rest of us as well. It protects our data from criminals. It protects it from competitors, neighbors, and family members. It protects it from malicious attackers, and it protects it from accidents.

Encryption works best if it’s ubiquitous and automatic. The two forms of encryption you use most often — https URLs on your browser, and the handset-to-tower link for your cell phone calls — work so well because you don’t even know they’re there.

Encryption should be enabled for everything by default, not a feature you turn on only if you’re doing something you consider worth protecting.

This is important. If we only use encryption when we’re working with important data, then encryption signals that data’s importance. If only dissidents use encryption in a country, that country’s authorities have an easy way of identifying them. But if everyone uses it all of the time, encryption ceases to be a signal. No one can distinguish simple chatting from deeply private conversation. The government can’t tell the dissidents from the rest of the population. Every time you use encryption, you’re protecting someone who needs to use it to stay alive.

July 16, 2015

QotD: The proper role of government

Filed under: Government,Liberty,Quotations,USA — Tags: , , — Nicholas @ 01:00

Good government is a constable — it keeps the peace and protects property. Parasitic government — which is, sad to say, practically the only form known in the modern world — is at its best a middleman that takes a cut of every transaction by positioning itself as a nuisance separating you from your goals. At its worst, it is functionally identical to a goon running a protection racket.

[…]

The desire to be left alone is a powerful one, and an American one. It is not, contrary to the rhetoric proffered by the off-brand Cherokee princess currently representing the masochistic masses of Massachusetts in the Senate, an anti-social sentiment. It is not that we necessarily desire to be left alone full stop — it is that we desire to be left alone by people who intend to forcibly seize our assets for their own use. You need not be a radical to desire to live in your own home, to drive your own car, and to perform your own work without having to beg the permission of a politician — and pay them 40 percent for the privilege.

Principles are dangerous things — whiskey is for drinking, water and principles are for fighting over. The anti-ideological current in conservative thinking appreciates this: If we all seek complete and comprehensive satisfaction of our principles, then there will never be peace. This is why scale matters and why priorities matter. In a world in which the public sector consumes 5 percent of my income and uses it for such legitimate public goods as law enforcement and border security, I do not much care whether the tax system is fair or just on a theoretical level; and while I may resent it as a matter of principle, the cost of my consent is relatively low, and I have other things to think about. But in a world in which the parasites take half, and use it mainly to buy political support from an increasingly ovine and dependent electorate, then I care intensely.

Kevin D. Williamson, “Property and Peace”, National Review, 2014-07-20.

July 13, 2015

Do photographers have any rights left?

Filed under: Bureaucracy,Law,Liberty — Tags: , , , , — Nicholas @ 03:00

I no longer do much in the way of “serious” photography (my digital SLR has been out of service for a couple of years now), but I still occasionally do a bit of cellphone photography when the occasion arises. On the byThom blog, Thom Hogan provides a long (yet not exhaustive) list of things, places, and people who are legally protected from being photographed in various jurisdictions … and it gets worse:

Funny thing is, smartphones are so ubiquitous and so small, many of those bans just aren’t enforceable against them in their natural state (e.g., without selfie stick), especially if they’re used discriminatingly.

I’m all for privacy, but privacy doesn’t exist in public spaces as far as I’m concerned. Indeed, I’d argue that even in private spaces (malls, for example), that if you’re open for and soliciting business to the public, you’re a public space. As for Copyright, placing artwork in open public spaces (e.g. Architecture) probably ought to convey some sort of Fair Use right to the public, though in Europe we’re seeing just the opposite start to happen. FWIW, I no longer visit and thus don’t photograph in two countries because of national laws regarding photography. Be careful what you wish for, Mr. Bureaucracy; laws often have unintended consequences. As in reducing my interest in visiting your country.

About half of this site’s readers actively practice some form of travel photography, either during vacations or while traveling for business. Note how many of the restrictions on photography start to apply against those that are traveling (locally or farther afield). It’s always easy to impose laws on people who don’t vote for you. it’s why rental car and hotel room taxes are so high, after all.

What prompted this article, though, wasn’t any of the latest photography ban talk, though. Here in Pennsylvania we have fairly restrictive regulations on “recording” another person (e.g. conversations, phone calls, meetings, etc.). In some states, it only takes one party to consent for a recording to be legal. Here in Pennsylvania it takes all parties to consent to being recorded.

H/T to Clive for the link.

June 29, 2015

Europe institutionalizes the “memory hole”

Filed under: Europe,Law,Liberty,Technology — Tags: , , — Nicholas @ 04:00

Brendan O’Neill on the European “right to be forgotten”:

“He stepped across the room. There was a memory hole in the opposite wall. O’Brien lifted the grating. Unseen, the frail slip of paper was whirling away on the current of warm air; it was vanishing in a flash of flame. O’Brien turned away from the wall. ‘Ashes,’ he said. ‘Not even identifiable ashes. Dust. It does not exist. It never existed.'”

This is the moment in Nineteen Eighty-Four when O’Brien, an agent of the Thought Police who tortures Winston Smith in Room 101, dumps into a memory hole an inconvenient news story. It’s an 11-year-old newspaper cutting which confirms that three Party members who were executed for treason could not have been guilty. “It does exist!” wails Winston. “It exists in memory. I remember it. You remember it.” O’Brien, mere seconds after plunging the item into the memory hole, replies: “I do not remember it.”

Of all the horrible things in Nineteen Eighty-Four that have come true in recent years — from rampant thought-policing to the spread of CCTV cameras — surely the memory hole, the institutionalisation of forgetting, will never make an appearance in our supposedly open, transparent young century? After all, ours is a “knowledge society,” where info is power and Googling is on pretty much every human’s list of favourite pastimes.

Think again. The memory hole is already here. In Europe, anyway. We might not have actual holes into which pesky facts are dropped so that they can be burnt in “enormous furnaces.” But the EU-enforced “right to be forgotten” does empower individual citizens in Europe, with the connivance of Google, to behave like little O’Briens, wiping from internet search engines any fact they would rather no longer existed.

June 23, 2015

Obama needs to convey a sense of urgency over the OPM hack

Filed under: Bureaucracy,Government,Technology,USA — Tags: , , , , — Nicholas @ 04:00

Megan McArdle on what she characterizes as possibly “the worst cyber-breach the U.S. has ever experienced”:

And yet, neither the government nor the public seems to be taking it all that seriously. It’s been getting considerably less play than the Snowden affair did, or the administration’s other massively public IT failure: the meltdown of the Obamacare exchanges. For that matter, Google News returns more hits on a papal encyclical about climate change that will have no obvious impact on anything than it does for a major security breach in the U.S. government. The administration certainly doesn’t seem that concerned. Yesterday, the White House told Reuters that President Obama “continues to have confidence in Office of Personnel Management Director Katherine Archuleta.”

I’m tempted to suggest that the confidence our president expresses in people who preside over these cyber-disasters, and the remarkable string of said cyber-disasters that have occurred under his presidency, might actually be connected. So tempted that I actually am suggesting it. President Obama’s administration has been marked by titanic serial IT disasters, and no one seems to feel any particular urgency about preventing the next one. By now, that’s hardly surprising. Kathleen Sebelius was eased out months after the Department of Health and Human Services botched the one absolutely crucial element of the Obamacare rollout. The NSA director’s offer to resign over the Snowden leak was politely declined. And now, apparently, Obama has full faith and confidence in the folks at OPM. Why shouldn’t he? Voters have never held Obama responsible for his administration’s appalling IT record, so why should he demand accountability from those below him?

Yes, yes, I know. You can’t say this is all Obama’s fault. Government IT is almost doomed to be terrible; the public sector can’t pay salaries that are competitive with the private sector, they’re hampered by government contracting rules, and their bureaucratic procedures make it hard to build good systems. And that’s all true. Yet note this: When the exchanges crashed on their maiden flight, the government managed to build a crudely functioning website in, basically, a month, a task they’d been systematically failing at for the previous three years. What was the difference? Urgency. When Obama understood that his presidency was on the line, he made sure it got done.

Update: It’s now asserted that the OPM hack exposed more than four times as many people’s personal data than the agency had previously admitted.

The personal data of an estimated 18 million current, former and prospective federal employees were affected by a cyber breach at the Office of Personnel Management – more than four times the 4.2 million the agency has publicly acknowledged. The number is expected to grow, according to U.S. officials briefed on the investigation.

FBI Director James Comey gave the 18 million estimate in a closed-door briefing to Senators in recent weeks, using the OPM’s own internal data, according to U.S. officials briefed on the matter. Those affected could include people who applied for government jobs, but never actually ended up working for the government.

The same hackers who accessed OPM’s data are believed to have last year breached an OPM contractor, KeyPoint Government Solutions, U.S. officials said. When the OPM breach was discovered in April, investigators found that KeyPoint security credentials were used to breach the OPM system.

Some investigators believe that after that intrusion last year, OPM officials should have blocked all access from KeyPoint, and that doing so could have prevented more serious damage. But a person briefed on the investigation says OPM officials don’t believe such a move would have made a difference. That’s because the OPM breach is believed to have pre-dated the KeyPoint breach. Hackers are also believed to have built their own backdoor access to the OPM system, armed with high-level system administrator access to the system. One official called it the “keys to the kingdom.” KeyPoint did not respond to CNN’s request for comment.

U.S. investigators believe the Chinese government is behind the cyber intrusion, which are considered the worst ever against the U.S. government.

June 19, 2015

The EFF’s Privacy Badger

Filed under: Liberty,Technology — Tags: , , — Nicholas @ 05:00

Earlier this month, Noah Swartz exhorted the Mozilla folks to put some energy and effort behind the Firefox Tracking Protection technology. While we wait for that to come to fruition, he also recommends the Electronic Frontiers Foundation’s Privacy Badger for Firefox users:

In her blog post, [Monica] Chew flags the need for Mozilla’s management to ensure that this essential protection reaches users, and to recognize that “current advertising practices that enable ‘free’ content are in direct conflict with security, privacy, stability, and performance concerns.” Since advertising industry groups flatly refused to respect the Do Not Track header as a privacy opt-out from data collection, the only line of defense we have against non-consensual online tracking is our browsers.

Safari and Internet Explorer have taken important steps to protect their users against web tracking: Safari blocks third party cookies out of the box, and IE offers a prominent tracker-blocking option. But mainstream users of open source browsers are out of luck. Until that changes, our Privacy Badger add-on for Firefox and Chrome remains perhaps the only one-click solution for users who want to protect their privacy as they browse the web. Since Privacy Badger requires no configuration, we encourage any user who is concerned about online tracking to add it to their browser.

EFF Privacy Badger

June 14, 2015

More on that Reason grand jury subpoena

Filed under: Law,Liberty,Media,USA — Tags: , , , , — Nicholas @ 04:00

At the Foundation for Economic Education, Ryan Radia discusses the free-speech-quashing subpoena issued by a federal prosecutor in New York state:

In late May, Judge Katherine Forrest, who sits on the US District Court for the Southern District of New York, sentenced Ulbricht to life in prison. This sentence was met with mixed reactions, with many commentators criticizing Judge Forrest for handing down what they perceived as an exceedingly harsh sentence.

A few Reason users, some of whom may have followed Reason’s extensive coverage of the fascinating trial, apparently found Ulbricht’s sentence especially infuriating.

One commenter argued that “judges like these … should be taken out back and shot.” Another user, purporting to correct the preceding comment, wrote that “it’s judges like these that will be taken out back and shot.” A follow-up comment suggested the use of a “wood chipper,” so as not to “waste ammunition.” And a user expressed hope that “there is a special place in hell reserved for that horrible woman.”

Within hours, the office of Preet Bharara, the US Attorney for the Southern District of New York, sent Reason a subpoena for these commenters’ identifying information “in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury.”

This doesn’t mean a grand jury actually asked about the commenters; instead, in federal criminal investigations, it’s typically up to the US Attorney to decide when to issue a subpoena “on behalf” of a grand jury.

[…]

Even if this subpoena is valid under current law — more on that angle in a bit — the government made a serious mistake in seeking to force Reason to hand over information that could uncover the six commenters’ identities.

Unless the Department of Justice is investigating a credible threat to Judge Forrest with some plausible connection to the Reason comments at issue, this subpoena will serve only to chill hyperbolic — but nonetheless protected — political speech by anonymous Internet commenters.

May 13, 2015

Google search history … and you

Filed under: Business,Technology — Tags: , , — Nicholas @ 04:00

At Reason, Ed Krayewski points out that you now have a way of discovering (and modifying) what Google’s search engine will reveal about you:

In January Google quietly rolled out the capability to view your entire search history with the online service, download a copy of it, and even to delete it from Google’s servers. The new feature wasn’t widely reported online until earlier this month when an unofficial Google blog publicized it.

You can check out your search history here, including web and image searches, and links and images you clicked on as a result. There’s also an option to download under settings (the gear button on the top left of the page), as well as one to “remove items,” including the ability to remove your recent search history or your entire search history.

February 15, 2015

“Smart” TV? Oh, no thanks. I prefer mine not to spy on my every word…

Filed under: Business,Law,Liberty,Media,Technology — Tags: , , , , — Nicholas @ 03:00

At Techdirt, Karl Bode sings the praises of dumb TVs that don’t share your every word with unspecified “third parties” who may or may not have any compunction about further sharing of what happens in your home (within audio range of your TV, anyway):

Samsung has been doing a great job this week illustrating why consumers should want their televisions to be as dumb as technologically possible. The company took heat for much of the week after its privacy policy revealed Samsung smart TVs have been collecting and analyzing user living room conversations in order to improve voice recognition technology. While that’s fairly common for voice recognition tech, the idea of living room gear that spies on you has been something cable operators have been patenting for years. And while Samsung has changed its privacy policy language to more clearly illustrate what it’s doing, the fact that smart TV security is relatively awful has many people quite justly concerned about smart TVs becoming another poorly-guarded repository for consumer data.

But it’s something else stupid that Samsung did this week that got less press attention, but that I actually find far more troubling. Numerous Samsung smart TV users around the world this week stated that the company has started injecting ads into content being watched on third-party devices and services. For example, some users found that when streaming video content from PC to the living room using Plex, they suddenly were faced with a large ad for Pepsi that actually originated from their Samsung TV:

    “Reports for the unwelcome ad interruption first surfaced on a Subreddit dedicated to Plex, the media center app that is available on a variety of connected devices, including Samsung smart TVs. Plex users typically use the app to stream local content from their computer or a network-attached storage drive to their TV, which is why many were very surprised to see an online video ad being inserted into their videos. A Plex spokesperson assured me that the company has nothing to do with the ad in question.”

Now Samsung hasn’t responded yet to this particular issue, and you’d have to think that the company accidentally enabled some kind of trial ad injection technology, since anything else would be idiotic brand seppuku (in fact it does appear like it has been working with Yahoo on just this kind of technology). Still, users say the ads have them rushing to disable the smart portion of Samsung TVs, whether that’s by using a third party solution or digging into the bowels of the TV’s settings to refuse Samsung’s end user agreement. And that raises an important point: many consumers (myself included) want their TV to be as slack-jawed, glassy-eyed, dumb and dim-witted as possible.

February 9, 2015

The fantasy that CSE/CSIS oversight will actually protect the privacy of Canadians

Filed under: Cancon,Law,Technology — Tags: , , , , — Nicholas @ 04:00

Michael Geist on the rather disturbing news that Canadian intelligence agencies are busy watching the uploads of every internet user (including the Canadian users that CSE/CSIS are theoretically banned from tracking by the letter of the law):

… the problem with oversight and accountability as the primary focus is that it leaves the substantive law (in the case of CSE Internet surveillance) or proposed law (as in the case of C-51) largely unaddressed. If we fail to examine the shortcomings within the current law or within Bill C-51, no amount of accountability, oversight, or review will restore the loss of privacy and civil liberties.

First, consider the Snowden revelations that the CSE has been the lead on a surveillance initiative that gathers as many as 15 million uploads and downloads per day from a wide range of hosting sites that even appear to include the Internet Archive. The goal is reputed to be to target terrorist propaganda and training materials and identify who is uploading or downloading the materials. The leaked information shows how once a downloader is identified, intelligence agencies use other databases (including databases on billions of website cookies) to track the specific individual and their Internet use within hours of identified download.

The Levitation program, which removes any doubt about Canada’s role in global Internet surveillance, highlights how seemingly all Internet activity is now tracked by signals intelligence agencies. Note that the sites that host the downloads do not hand over their usage logs. Rather, intelligence agencies are able to track who visits the sites and what they do from the outside. That confirms a massive surveillance architecture of Internet traffic operating on a global scale. Is improved oversight in Canada alone going to change this dynamic that crosses borders and surveillance agencies? It is hard to see how it would.

Moreover, these programs point to the fundamental flaw in Canadian law, where Canadians are re-assured that CSE does not – legally cannot – target Canadians. However, mass surveillance of this nature does not distinguish between nationalities. Mass surveillance of a hundred million downloads every week by definition targets Canadians alongside Internet users from every corner of the globe. To argue that Canadians are not specifically targeted when it is obvious that the personal information of Canadians is indistinguishable from everyone else’s data at the time of collection, is to engage in meaningless distinctions that only succeed in demonstrating the weakness of Canadian law. Better oversight of CSE is needed, but so too is a better law governing CSE activities.

December 23, 2014

Creepy Christmas “traditions” – Elf et Michelf

Filed under: Cancon,Government,Liberty — Tags: , , , — Nicholas @ 04:06

Published on 14 Dec 2013

Foucault’s take on the elf on the shelf through an imagined conversation by @DrLauraPinto

H/T to Anthony L. Fisher for the video link:

Dr. Laura Elizabeth Pinto, a digital technology professor at the University of Ontario Institute of Technology, thinks Elf on the Shelf poses a criticial ethical dilemma. In a paper for the Canadian Centre for Policy Alternatives, Pinto wonders if the Elf is “preparing a generation of children to accept, not question, increasingly intrusive (albeit whimsically packaged) modes of surveillance.”

Sensing that she might come off as a humorless paranoid crank, Pinto clarified her position to the Washington Post:

    “I don’t think the elf is a conspiracy and I realize we’re talking about a toy. It sounds humorous, but we argue that if a kid is okay with this bureaucratic elf spying on them in their home, it normalizes the idea of surveillance and in the future restrictions on our privacy might be more easily accepted.” (Emphasis mine).

One could argue that the millions of adults walking around with NSA-trackable and criminal-hackable smartphones in their pockets are far more influential than a seasonal doll in setting the example to the next generation that surveillance is inevitable and Big Brother is not to be feared. Still, Pinto has a point when she writes:

    What The Elf on the Shelf represents and normalizes: anecdotal evidence reveals that children perform an identity that is not only for caretakers, but for an external authority (The Elf on the Shelf), similar to the dynamic between citizen and authority in the context of the surveillance state.

December 17, 2014

Canadian telcos: “there is no need for legally mandated surveillance and interception functionality”

Filed under: Business,Cancon,Law,Liberty — Tags: , , , — Nicholas @ 07:10

Sounds good, right? Canada’s telecom companies telling the government that there’s no reason to pass laws requiring surveillance capabilities … except that the reason they’re saying this is that “they will be building networks that will feature those capabilities by default“:

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

[…]

Perhaps the most notable revelation is that Internet providers have tried to convince the government that they will voluntarily build surveillance capabilities into their networks. A 2013 memorandum prepared for the public safety minister reveals that Canadian telecom companies advised the government that the leading telecom equipment manufacturers, including Cisco, Juniper, and Huawei, all offer products with interception capabilities at a small additional cost.

In light of the standardization of the interception capabilities, the memo notes that the Canadian providers argue that “the telecommunications market will soon shift to a point where interception capability will simply become a standard component of available equipment, and that technical changes in the way communications actually travel on communications networks will make it even easier to intercept communications.”

In other words, Canadian telecom providers are telling the government there is no need for legally mandated surveillance and interception functionality since they will be building networks that will feature those capabilities by default.

The Internet is on Fire | Mikko Hypponen | TEDxBrussels

Filed under: Government,Liberty,Technology — Tags: , , , , — Nicholas @ 00:02

Published on 6 Dec 2014

This talk was given at a local TEDx event, produced independently of the TED Conferences. The Internet is on Fire

Mikko is a world class cyber criminality expert who has led his team through some of the largest computer virus outbreaks in history. He spoke twice at TEDxBrussels in 2011 and in 2013. Every time his talks move the world and surpass the 1 million viewers. We’ve had a huge amount of requests for Mikko to come back this year. And guess what? He will!

Prepare for what is becoming his ‘yearly’ talk about PRISM and other modern surveillance issues.

December 12, 2014

Supreme Court swings and misses on cellphone privacy ruling

Filed under: Cancon,Law,Liberty — Tags: , , , , — Nicholas @ 07:00

Michael Geist on the most recent Supreme Court of Canada ruling on the ability of the police to conduct warrantless searches of cellphones taken during an arrest:

The Supreme Court of Canada issued its decision in R. v. Fearon today, a case involving the legality of a warrantless cellphone search by police during an arrest. Given the court’s strong endorsement of privacy in recent cases such as Spencer, Vu, and Telus, this seemed like a slam dunk. Moreover, the U.S. Supreme Court’s June 2014 decision in Riley, which addressed similar issues and ruled that a warrant is needed to search a phone, further suggested that the court would continue its streak of pro-privacy decisions.

To the surprise of many, a divided court upheld the ability of police to search cellphones without a warrant incident to an arrest. The majority established some conditions, but ultimately ruled that it could navigate the privacy balance by establishing some safeguards with the practice. A strongly worded dissent disagreed, noting the privacy implications of access to cellphones and the need for judicial pre-authorization as the best method of addressing the privacy implications.

The majority, written by Justice Cromwell (joined by McLachlin, Moldaver, and Wagner), explicitly recognizes that cellphones are the functional equivalent of computers and that a search may constitute a significant intrusion of privacy. Yet the majority cautions that not every search is a significant intrusion. It ultimately concludes that there is the potential for a cellphone search to be intrusive, it does not believe that that will be the case in every instance.

Given that conclusion, it is prepared to permit cellphone searches that are incident to arrest provided that the law is modified with some additional protections against invasion of privacy. It proceeds to effectively write the law by creating four conditions: a lawful arrest, the search is incidental to the arrest with a valid law enforcement purpose, the search is tailored or limited to the purpose (i.e., limited to recent information), and police take detailed notes on what they have examined and how the phone was searched.

December 7, 2014

A Supreme Court decision that actually improved privacy rights for Canadians

Filed under: Cancon,Law,Liberty,Technology — Tags: , , , — Nicholas @ 12:08

The courts have far too often rolled over for any kind of police intrusions into the private lives of Canadians, but a decision from earlier this year has actually helped deter the RCMP from pursuing trivial or tangential inquiries into their online activity:

A funny thing happens when courts start requiring more information from law enforcement: law enforcers suddenly seem less interested in zealously enforcing the law.

Back in June of this year, Canada’s Supreme Court delivered its decision in R. v. Spencer, which brought law enforcement’s warrantless access of ISP subscriber info to an end.

    In a unanimous decision written by (Harper appointee) Justice Thomas Cromwell, the court issued a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law.

The effects of this ruling are beginning to be felt. Michael Geist points to a Winnipeg Free Press article that details the halcyon days of the Royal Canadian Mounted Police’s warrantless access.

    Prior to the court decision, the RCMP and border agency estimate, it took about five minutes to complete the less than one page of documentation needed to ask for subscriber information, and the company usually turned it over immediately or within one day.

Five minutes! Amazing. And disturbing. A 5-minute process indicates no one involved made even the slightest effort to prevent abuse of the process. The court’s decision has dialed back that pace considerably. The RCMP is now complaining that it takes “10 hours” to fill out the 10-20 pages required to obtain subscriber info. It’s also unhappy with the turnaround time, which went from nearly immediate to “up to 30 days.”

In response, the RCMP has done what other law enforcement agencies have done when encountering a bit of friction: given up.

    “Evidence is limited at this early stage, but some cases have already been abandoned by the RCMP as a result of not having enough information to get a production order to obtain (basic subscriber information),” the memo says.

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