Quotulatiousness

April 26, 2012

The public choice analysis of the “Jeremy Hunt affair”

Filed under: Britain, Government, Media, Politics — Tags: , , , , , — Nicholas @ 08:18

On the Adam Smith Institute blog, “Whig” explains why the Jeremy Hunt affair should be no surprise to anyone, regardless of their party affiliation:

First of all, it is salutary to remember that this is not a party political issue. As evidence to the Leveson Enquiry itself shows, politicians are drawn to newspaper proprietors and editors like flies to the proverbial. The two have a symbiotic relationship with each other, and always have done. Clearly this relationship is the result of a classic public choice style problem — politicians have power but need votes and newspaper editors can deliver votes in exchange for a chance to influence how that power is directed. Of course, this is a very reductive description of the relationship but that is what it boils down to.

Such a relationship is evidently corrupting and open to the exploitation of special interests at the expense of general ones. How should we prevent this? Whilst party politics calls for the minister to fall on his sword, such an action will hardly prevent future occurrences. The general tone of public discourse suggests the introduction of rules, guidelines and procedures on ministers with greater bureaucratic control and less personal control by the minister. In many ways this represents the general trend of constitutional developments over the past 100 years or so. Powers should be vested in ‘disinterested’ civil servants or, better yet, in ‘independent’ Quangos like OFCOM or the Competition Commission, rather than politicians.

The bureaucratic solution, however, is no more acceptable — as any fan of Yes Minister will confirm. Aside from the issues of democratic accountability such developments raise, we should remember that civil servants and bureaucrats are human beings and have a series of vested personal and ideological interests of their own. Bureaucratic rule-making is just as susceptible to corruption as ministerial rule-making. This is especially true in the case of newspapers, which are extremely well-placed to use their influence in order to promote their own interests. Again, the Leveson Enquiry shows us exactly this situation: journalists allegedly entering into corrupt relationships with police officers.

April 8, 2012

Sexual humiliation as a tool of political control

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:15

Writing in the Guardian, Naomi Wolf discusses the ways the US government has incorporated sexual humiliation into their toolkit for dealing with both prisoners and innocent people:

In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the “trespass bill”, which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. These criminalizations of being human follow, of course, the mini-uprising of the Occupy movement.

Is American strip-searching benign? The man who had brought the initial suit, Albert Florence, described having been told to “turn around. Squat and cough. Spread your cheeks.” He said he felt humiliated: “It made me feel like less of a man.”

[. . .]

Believe me: you don’t want the state having the power to strip your clothes off. History shows that the use of forced nudity by a state that is descending into fascism is powerfully effective in controlling and subduing populations.

The political use of forced nudity by anti-democratic regimes is long established. Forcing people to undress is the first step in breaking down their sense of individuality and dignity and reinforcing their powerlessness. Enslaved women were sold naked on the blocks in the American south, and adolescent male slaves served young white ladies at table in the south, while they themselves were naked: their invisible humiliation was a trope for their emasculation. Jewish prisoners herded into concentration camps were stripped of clothing and photographed naked, as iconic images of that Holocaust reiterated.

[. . .]

The most terrifying phrase of all in the decision is justice Kennedy’s striking use of the term “detainees” for “United States citizens under arrest”. Some members of Occupy who were arrested in Los Angeles also reported having been referred to by police as such. Justice Kennedy’s new use of what looks like a deliberate activation of that phrase is illuminating.

Ten years of association have given “detainee” the synonymous meaning in America as those to whom no rights apply — especially in prison. It has been long in use in America, habituating us to link it with a condition in which random Muslims far away may be stripped by the American state of any rights. Now the term — with its associations of “those to whom anything may be done” — is being deployed systematically in the direction of … any old American citizen.

April 5, 2012

A useful idiot wants even more state surveillance, more Big Brother

Filed under: Britain, Government, Liberty — Tags: , , , , , — Nicholas @ 09:01

Dan Hodges on his love affair with the surveillance state, and his overwhelming desire for even more government snooping:

I want to live in a surveillance state. Big Brother, come cast your watchful eye over me and mine. I love you, bro.

Seriously, when I saw the outcry over Government plans to gain access to telephone, email and internet, my initial reaction was: “You mean they can’t do that already?”

I assumed, somewhat stupidly, that everything we said, typed or viewed was routinely monitored, and then filtered by some giant, super-secret computer tucked away in a heavily guarded subterranean basement of GCHQ: “Hodges has just said he wants to shoot another Liverpool player, sir.” “Oh, he’s always saying that, Jones. Ignore him.”

I don’t want less surveillance, I want more of the stuff. My idea of the perfect society is one where every street corner has a CCTV camera, everyone has a nice shiny ID card tucked in their wallet and no extremist can even think of logging onto a dodgy website without an SAS squad abseiling swiftly through their window.

April 3, 2012

A “routine” traffic stop in Collinsville, Illinois

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 08:17

Radley Balko tells the full story of a traffic stop in Illinois that demonstrates how eager some police departments are to use “asset forfeiture” to get their hands on the property of innocent people:

Last December, filmmaker Terrance Huff and his friend Jon Seaton were returning to Ohio after attending a “Star Trek” convention in St. Louis. As they passed through a small town in Illinois, a police officer, Michael Reichert, pulled Huff’s red PT Cruiser over to the side of the road, allegedly for an unsafe lane change. Over the next hour, Reichert interrogated the two men, employing a variety of police tactics civil rights attorneys say were aimed at tricking them into giving up their Fourth Amendment rights. Reichert conducted a sweep of Huff’s car with a K-9 dog, then searched Huff’s car by hand. Ultimately, he sent Huff and Seaton on their way with a warning.

Earlier this month, Huff posted to YouTube audio and video footage of the stop taken from Reichert’s dashboard camera. No shots were fired in the incident. No one was beaten, arrested or even handcuffed. Reichert found no measurable amount of contraband in Huff’s car. But Huff’s 17-and-a-half minute video raises important questions about law enforcement and the criminal justice system, including the Fourth and Fifth Amendments, the drug war, profiling and why it’s so difficult to take problematic cops out of the police force.

[. . .]

“When we saw the Huff video in our office, we just laughed,” Rekowski says. “Not because it wasn’t outrageous. But because it’s the kind of thing we see all the time. The stop for a so-called ‘inappropriate lane change,’ the games they play in the questioning, the claims about nervousness or inappropriate behavior that can’t really be contradicted. It’s all routine.”

According to Koester, the defense attorney in private practice, “The dog alert that happens off-camera isn’t unusual either. You see that all the time.”

Koester and Rekowski say the Huff stop has all the markings of a forfeiture fishing expedition. “You see where he asks if [Huff] is carrying large amounts of U.S. currency,” Rekowski says. “It’s pretty clear what they’re after. These kinds of cases put my kids through college.” He laughs, then adds, “I’m only half joking.”

H/T again to Jon, my former virtual landlord.

March 25, 2012

Britain’s stealth decriminalization of marijuana

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 09:18

An interesting post at The Economist on the recent changes to law and police practices in Britain in regard to cannabis cultivation and consumption:

Small growers are squeezing out both importers and the well-connected, often Vietnamese, gangs that once dominated domestic production. The big cannabis factories set up by the latter, with their telltale heat hazes, are fairly easy to spot. Smaller operations are often uncovered only when the electric lights start fires, or when local teenagers mount a burglary.

The police and the courts can neither keep up with the surge in small-scale production, nor are they desperately keen to do so. Last month the government published new sentencing guidelines that advised judges to treat small cultivators less strictly. Attitudes to smokers are softening, too. The reclassification of cannabis in 2009, from class C to the more stringent class B, was oddly accompanied by a more liberal approach to policing consumption. Users caught on the street are rarely arrested; rather, they are issued “cannabis cautions” (a reprimand which doesn’t appear on a criminal record) or fined.

[. . .]

Strangely, this lackadaisical approach is not encouraging people to take up the reefer habit. According to the European Monitoring Centre for Drugs and Drug Addiction, the proportion of people who admit to having used cannabis in Britain has fallen more quickly than in any other European country over the past few years. Just 6.8% of adults told another survey that they used cannabis in 2010, down from 10.9% eight years earlier. The herb is now ubiquitous and effectively tolerated — and, perhaps as a result, not all that alluring.

There are more than ten reasons to oppose bill C-10

Filed under: Cancon, Law, Liberty, Politics — Tags: , , — Nicholas @ 00:05

But I guess we have to start somewhere. Trinda L. Ernst has an article in the Toronto Star which compiles the top ten reasons to oppose the Conservatives’ most recent “tough on crime” bill:

Bill C-10 is titled The Safe Streets and Communities Act — an ironic name, considering that Canada already has some of the safest streets and communities in the world and a declining crime rate. This bill will do nothing to improve that state of affairs but, through its overreach and overreaction to imaginary problems, Bill C-10 could easily make it worse. It could eventually create the very problems it’s supposed to solve.

Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult. Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse. Canada is poised to repeat their mistake.

[. . .]

Canadians deserve accurate information about Bill C-10, its costs and its effects. This bill will change our country’s entire approach to crime at every stage of the justice system. It represents a huge step backwards; rather than prioritizing public safety, it emphasizes retribution above all else. It’s an approach that will make us less safe, less secure, and ultimately, less Canadian.

H/T to Bren McKenna for sending me the link.

March 20, 2012

Suppressing one shoot of the Arab Spring, with British and American help

Filed under: Government, Liberty, Media, Middle East — Tags: , , , , , — Nicholas @ 09:02

Tim Black talks about the oddly different reaction to the Bahrain “Arab Spring” protests:

For decades, the people of this Middle Eastern state have lived under what is effectively a hereditary dictatorship. In spring last year, however, it looked like things might finally change. A long-repressed people began to feel emboldened. Protests gathered momentum. At last, it seemed, a more democratic, more open future beckoned. And then, the crackdown. The troops moved in, the shooting (and killing) started, and the summary arrest, detention and torture commenced in earnest.

Now, you could be forgiven for guessing Syria. But you’d be wrong. The place I’m describing here is the small Gulf state of Bahrain, just off the coast of Saudi Arabia. Still, given the brutal repression, given the popular unrest, you would expect the West to have responded to events in Bahrain much as it responded to events elsewhere in the region. After all, Bahraini troops effectively began firing on their own people; and a disenfranchised majority struggling for some degree of political sovereignty, long withheld by Bahrain’s decidedly unconstitutional monarchy, is still being repressed.

[. . .]

As I have written before, Bahrain is the point at which the hypocrisy of the West’s attitude to the Arab uprisings is writ large. While America, the UK and France were happy to pose, posture and bomb when it came to a pantomime villain like Libya’s Colonel Gaddafi, the far more problematic state of Bahrain offers no such easy moral capital.

[. . .]

So what of the situation now? With ‘human rights-trained’ police out on the beat, it must be hunky dory, right? Well, given that around 200,000 people (about a third of Bahrain’s population) gathered to protest in a suburb of Manama a few weeks ago, and given the near nightly explosions of tear-gassed violence in the villages and districts around the capital, it all seems far from hunky dory. As one activist put it last week, ‘This is a war’. And it is a war which officials from Saudi Arabia, America and Britain are fighting in — on the anti-democratic, liberty-crushing side.

March 19, 2012

Illinois railfan photographer threatened with being added to terror watch list

Filed under: Law, Liberty, Railways, USA — Tags: , , , — Nicholas @ 11:17

Photography within 550 feet of a railway line is illegal in Illinois, according to a police deputy who likes to make up his own laws:

A man who was taking pictures near a train track in Illinois was confronted by a sheriff’s deputy who informed him that he was breaking the law, so therefore he had no choice but to report the photographer to Homeland Security.

The photographer, who describes himself as a disabled war veteran and former state worker, was left wondering if the deputy had any legal basis for adding him to a terrorist watch list.

[. . .]

RustyBug, who never states which sheriff’s department harassed him, said the deputy told him it was against the law to shoot within 550 feet from train tracks, which is complete hogwash.

RustyBug said he really wasn’t buying it, but he wasn’t sure either, which shows us the importance of knowing the law when it comes to photography because too many cops don’t know the law.

March 15, 2012

The Omnibus Crime bill is really about only one thing: harsher punishments

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:23

If anyone thought that the Conservative government had a libertarian streak, the Omnibus Crime bill should be enough to disabuse them of the notion:

The Conservative government’s omnibus crime bill passed the Commons on Monday night. No matter the problem, the solution this unimaginative legislation provides is the same: longer sentences.

[. . .]

An important one that seems to have escaped the government’s thinking is whether, absent any other constructive reforms, it is a good thing to increase the powers of the police and prosecutors, and the effect it will have on the administration of justice. The government prefers to talk about criminals, as if everyone picked up by the police is guilty. Never discussed is the impact increased sentences will have on the accused but not convicted, namely, those presumed innocent.

In the daily operation of the criminal justice system, more severe penalties enhance the power the police and prosecutors have over the accused, or those merely suspected. The Americans have gone to such an extreme that the presumption of innocence is becoming only a notion; so severe are the penalties that police and prosecutors are able to bully even the innocent into pleading guilty. The trial in American criminal justice has been usurped by the plea bargain, in which the prosecutors hold most of the cards.

Canada is not there (yet), but it has happened here. In Ontario, the Goudge inquiry into parents falsely convicted of killing their own children established the pattern. Parents were threatened by prosecutors with such severe consequences that they pleaded guilty to crimes they did not commit, in the meagre hope of salvaging something of their lives.

[. . .]

There really isn’t very much “omni” in the omnibus crime bill. It’s about one thing — harsher punishments. It does nothing to alleviate the disgusting pre-trial (pre-trial!) conditions of remand that prevail in too many jails. It does nothing to mitigate the crisis in legal aid. It does nothing to lessen the likelihood of wrongful convictions. As Chief McFee notes, it does nothing for prevention.

Quis custodiet ipsos custodes? Who will guard the guards themselves? Who watches the watchmen? That’s the ancient maxim. The crime bill shows that those guarding the guards are not on duty.

March 9, 2012

Dalrymple: “British police have … become simultaneously bullying and ineffectual, a disastrous combination”

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 11:08

Theodore Dalrymple on a recent article by British author China Miéville in the New York Times Magazine decrying the cruel, disproportionate sentences handed out to London rioters:

Some figures: in 2011, there were 12,699 knife attacks in London known to the police (up 13.6 percent from the previous year); 58,160 burglaries (up 8.8 percent); and 68,754 street robberies (up 13 percent). The average national detection rate for burglaries is about one in 12, though even this is an overstatement, due to police manipulation of the figures. Approximately 800,000 domestic burglaries took place in Great Britain in 2009; this means that some 67,000 were detected by the police. In that same year, 6,136 people went to prison in Great Britain for burglary (for an average of 17 months each). Considering the 800,000 burglaries annually, a domestic burglary attracts on average four days’ imprisonment: hardly indicative of judicial ferocity, and not much of a deterrent to burglary.

One cannot say often enough that the victims of crime are, like the perpetrators, more likely to be poor than rich. For example, single-parent households in Britain have a more than one-in-20 chance of being burgled in any given year; and since most burglars are recidivists, indeed multiply so, it follows that the class of victim is much larger than the class of perpetrator. Leniency toward criminals is not therefore a form of sympathy for the poor, but a failure to take either their lives or their property seriously. For Miéville to talk of “panicked reaction” in these circumstances is a form of moral exhibitionism. He is showing off in front of his peers.

The notion that the disorder in London (and elsewhere in the country) is a protest against injustice — a thread that runs through Miéville’s article — is both crude and laughable. It is true that the British police have, after years of liberal-inspired reform, become simultaneously bullying and ineffectual, a disastrous combination.

February 29, 2012

NY Police domestic spy operation in Muslim neighbourhoods gets little press attention

Filed under: Law, Liberty, Religion, USA — Tags: , , , , , , , — Nicholas @ 10:11

Natalie Rothschild on the rather disturbing use of NYPD resources to conduct surveillance operations in Muslim areas of New York City and New Jersey:

It has emerged that the White House has funded the New York Police Department’s surveillance of entire Muslim neighbourhoods with money earmarked for fighting drug crime. The revelations were detailed in reports by the Associated Press this week. In response, senior law enforcement officials and politicians have been either unapologetic or silent. Most tellingly, the Obama administration, which has championed Muslim outreach and has said law enforcement should not put entire communities under suspicion, said on Monday that it has no opinion on the matter.

Since the 9/11 attacks, the Bush and Obama administrations have provided $135million to the New York and New Jersey region through the High Intensity Drug Trafficking Area programme (HIDTA). It’s unclear exactly how much of that money was spent on surveillance of Muslims because the programme has little oversight. But the AP discovered that the White House money has paid for cars that plainclothes NYPD officers used to conduct surveillance of Muslim neighbourhoods in New York and New Jersey, and for computers that stored information about Muslim college students, mosque sermons and social events. It also helps pay rent for the NYPD’s intelligence unit.

This is, effectively, a spying programme used to monitor American Muslims as they shop, work, socialise, pray and study. Police have photographed and mapped mosques and recorded license plates of worshippers. They have compiled lists of Muslims who took new, Americanised names, eavesdropped on conversations inside businesses owned or frequented by Muslims, infiltrated Muslim student groups and monitored websites of universities across north-east US. In the name of counterterrorism, Muslim American citizens have been catalogued, their private conversations and everyday activities recorded and stored in databases.

[. . .]

On Monday, White House spokesman Jay Carney said the administration has no opinion on how the HIDTA grant money was spent and that the White House has no authority to direct, manage or supervise any law-enforcement operations. If the administration truly has no power to influence a NYPD programme used for intrusive monitoring of scores of American citizens, then that would indicate great political impotence. After all, both in the domestic and international arenas, the Obama administration has warned against demonising and singling out Muslims in America and turned Muslim outreach into a priority. Well, it is hard to think of any starker way of ‘singling out’ a group than by stalking anyone who looks or sounds like they belong to it.

February 28, 2012

Yet another death due to excessive concern for ‘elf an’ safety issues

Filed under: Britain, Bureaucracy, Government, Health — Tags: , , — Nicholas @ 14:25

Bagehot blogs about the unhealthy results of paying too close attention to the health and safety regulations:

[T]he Mail on Sunday ran an interesting feature this weekend about a different example of what certainly sounded like a health and safety overreaction. It told the tale of a man who drowned in a shallow boating pond in his local park, after suffering an epileptic seizure while feeding swans. A passer-by (a woman who was in charge of a small child so did not dare enter the pond) called the emergency services. But the first firemen to show up announced that they only had Level One training, for ankle-deep water, and needed to wait for a specialist team with Level Two training for chest-deep water. By the time that team arrived, the man had been floating in the pond for 37 minutes. While waiting for that specialist help, the same firemen also strongly urged a policeman not to attempt a rescue in the pond, even refusing to lend the policeman a life-vest. Then the policeman’s control room told him not to enter the water, as the victim had been in the pond so long that it was a body retrieval mission, not a rescue.

The MoS, which sent its reporter out into the same pond equipped with no more than rubber waders, called it a story that “shames Britain”. Certainly its photograph of the eventual retrieval of the poor victim’s body, featuring 25 separate emergency workers, an inflatable tent, several fire engines and a helicopter, is suggestive of an over-reaction after an under-reaction.

It is tempting to conclude that Britain has fallen into a serious problem with regulation, red tape and crippling risk-aversion. Certainly, the newspapers have recently been filled with all manner of depressing stories about pancake races being cancelled, policemen being urged not to pursue criminals onto roof tops, party bunting being outlawed or council workers refusing to mount shoulder-height step ladders to fix broken signs without logistical back-up once reserved for the cleaning of the Sistine Chapel ceiling.

[. . .]

All of which is sensible. You don’t have to be a wild-eyed libertarian to suspect that something has gone wrong with the management of risk in Britain. It is also depressing to see so many advertisements for ambulance-chasing lawyers, urging anyone who has had the smallest accident to sue. Anecdotally, members of parliament grumble about the role played by some insurance companies who hold special advice-sessions on liability for local councils, seeking to terrify them into taking out expensive cover and in the process filling the heads of municipal bosses with all manner of scare stories.

But listening to my rather cautious Jersey host, and reading the MoS report of the pond rescue, I found myself wondering if the British character may not also play a role. Read the report by Lord Young, or even the detail of the admirably comprehensive Mail report, and the rules themselves are sometimes less the problem than their interpretation. It turns out that emergency workers can break all sorts of health and safety rules when lives are at stake, without fear of prosecution, for example. And those guidelines on Level One and Level Two water training were intended for rescuers in fast-moving flood waters, the inquest into the pond case was told.

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

“Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking”

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:19

Chris Selley in the National Post on the disappointing moment at the start of the fight against C-30, the Canadian government’s internet bill that would eviscerate what little privacy protection still exists:

The most disappointing moment in the otherwise heartening backlash against the Protecting Children from Online Predators Act came right at the beginning, immediately after Public Safety Minister Vic Toews issued his immortal Question Period ultimatum. Mr. Toews was defending a law that would, among other things, allow government agents to march into your Internet service provider, without a warrant, and “examine any document, information or thing.” In this regard, he said Liberal MP Francis Scarpaleggia, and by extension all Canadians, “can either stand with us or with the child pornographers.”

He deserved — Canadian democracy deserved — nothing less than a humiliating, well-crafted, immediate putdown. He didn’t even get a “for shame.”

[. . .]

In a dozen words, Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking. Any high school student should be able to identify and debunk the fallacy Mr. Toews was employing; to defend the intrinsic value of freedom and privacy; to articulate the dangers of handing governments excessive and unnecessary powers.

[. . .]

So, I think Mr. Toews’ comment sealed the deal. In the light of day, the War on Terror-era “you’re with us or you’re with the terrorists” argument is cringe-inducing; sub in criminals for terrorists and it’s laughable. More importantly, though, I suspect Mr. Toews finally confirmed a certain suspicion among many Canadians: When the government tells you it needs to limit your privacy or freedom, what it probably means is that it wants to limit your privacy and freedom and thinks you won’t put up a fight. It’s delightful to see this government proved wrong.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

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