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: Canadians' online surfing habits could be an open book for both
: the US and Canadian governments if several pieces of legislation
: in both countries become law, says a US online privacy group.
: The Electronic Frontier Foundation released a statement on
: Wednesday arguing that a proposed new law in the US designed to
: help fight cyber-threats " is likely to have serious
: implications for Canadian civil liberties ."
:
: The Cyber-Intelligence Sharing & Protection Act (CISPA),
: which stealthily made it through a US House of Representatives
: committee last December, gives businesses and the US government
: the legal immunity they need to share information about Internet
: users.
:
: Critics call it an end-run around existing privacy laws. The
: American Civil Liberties Union told The Huffington Post earlier
: this month that the bill's definition of the data that can be
: shared with the government is overly broad, and the government
: would have the ability to use that information, for the most
: part, as it liked, including using it for criminal
: investigations without a warrant. The group also criticized the
: bill for not requiring the data to be made anonymous before
: handing it over to the government.
:
: That proposed law could have serious implications for Canada
: because of the Beyond The Border Initiative Canada signed with
: the US in February, 2011. " Somewhat ironically given the
: borderless nature of the Internet, the Initiative envisions a
: secure cyber perimeter in addition to the secure physical
: perimeter it seeks to put in place ," the EFF writes.
:
: The EFF notes that the Initiative commits Canada to "
: real-time information sharing " between cyber-security
: operations on both sides of the border. The cross-border
: partnership " may mean that Canada will have to meet
: whatever US cybersecurity (read: online spying) regime is
: ultimately adopted ," the advocacy group OpenMedia wrote
: on its website this week.
:
: The potential jeopardy to Canadians' privacy stemming from the
: initiative is not lost on Canada's privacy commissioners, who
: released a joint statement earlier this month calling on the
: Harper government to " ensure that improvements to
: Canada-US security and commerce do not jeopardize Canadians'
: privacy rights ." The commissioners noted that their
: concerns have so far been ignored in the government's
: development of the cross-border partnership.
:
: Besides the US-Canadian partnership, the EFF argues that two
: pieces of legislation working their way through Canada's
: Parliament, when taken together, essentially mimic the US CISPA
: bill.
:
: First there is Bill C-12, which " significantly expands
: " the conditions under which companies can share
: information about Internet users without customers' consent.
: " It will permit telecommunications companies to hand over
: customer information to any organization seeking it for the
: purpose of performing 'policing services', a term that is
: increasingly being applied to public-private cybersecurity
: partnerships ," the EFF wrote.
:
: The other bill is C-30, commonly known as the " online
: spying " or " lawful access " bill. The EFF
: refers to " a provision granting organizations - including
: telecommunications companies - immunity from 'any criminal or
: civil liability' if they voluntarily decide to preserve
: customers' information or share it with law enforcement. This is
: evocative of the civil and criminal immunity CISPA offers US
: companies for handing over their users' data to the United
: States Government ."
:
: However, it's uncertain what Bill C-30 will look like when it
: comes to a final vote in Parliament. The Conservative government
: sent the bill to committee for major revisions last month, after
: taking severe criticism from media and the public over its
: provisions. (However, digital law expert Michael Geist reported
: earlier this month that a Parliamentary committee is actually
: pushing to expand online surveillance powers in the bill, rather
: than restricting them.)
:
: Signs are also emerging that CISPA could face a backlash, not
: unlike the SOPA controversy, which prompted major websites to go
: dark in protest of the bill that would have given the government
: the power to block access, without judicial process, to websites
: deemed by private companies to be infringing copyright. The
: White House strongly criticized CISPA this week, saying it
: lacked safeguards to protect people's privacy.
:
: And Facebook found itself having to defend coming out in favour
: of the bill, arguing the legislation is needed for companies to
: legally share information about cyber-attacks. " When one
: company detects an attack, sharing information about that attack
: promptly with other companies can help protect those other
: companies and their users from being victimized by the same
: attack ," Facebook stated.
:
: The San Francisco-based EFF has teamed up with several Internet
: freedom groups, including Canada's OpenMedia and the Canadian
: Internet Policy and Public Interest Clinic (CIPPIC), in Stop
: Cyber Spying Week , a series of events planned this week to
: protest the various legislative efforts to expand government
: powers online. Events include a Twitter and letter-writing
: campaign, which appear to have had an effect: Politico reports
: that Facebook, IBM and other tech companies backing CISPA have
: been under verbal attack this week.
:
:
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