Home > cdnpoli, Digital Policy, Politics, Privacy > Canada Says No to Online Bullies

Canada Says No to Online Bullies

The Canadian Government has announced its going forward with Cyber bullying laws.  This has been welcomed by many victims rights groups.  At closer inspection however, there remains a gaping hole and back door in this legislation that will allow the legalization of mass online surveillance.

Back a few years ago, the Canadian internet community spoke out against such mass online surveillance. If you were on twitter back in 2011-2012 you know about the #tellviceverything hash tag, where Canadians from all political strips including the Conservative base, protested against mass online surveillance called “lawful access”.  This would give the police, government, potentially anyone warrant-less access to your digital information.

With the governments cyber bullying legislation this looks to be the case under the ISP provisions of the legislation as Micheal Geist explains:

Voluntary Disclosure With Legal Immunity

The bill also encourages telecom companies, ISPs, and others to disclose information on their customers without a court order. The bill establishes immunity from criminal or civil liability for such disclosures.  The bill states:

(1) For greater certainty, no preservation demand, preservation order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing.

(2) A person who preserves data or provides a document in those circumstances does not incur any criminal or civil liability for doing so.

This provision basically means that your internet provider, or your phone company takes a legal “get out of jail free card” to your privacy, if they agree to hand over your information on a voluntary basis.  That I find very interesting.  To be continued.


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