letter to prime minister stephen harper in response to lawful access

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Page 1 of 3 August 9, 2011 VIA EMAIL The Right Honourable Stephen Harper Prime Minister of Canada House of Commons Ottawa, ON, KIA 0A6 [email protected] Dear Prime Minister Harper, RE: Omnibus Crime bill We are writing to you regarding your promise to introduce and pass within 100 days an omnibus bill incorporating a number of very different pieces of legislation. We are particularly concerned that three of those bills will have serious negative implications for the privacy rights of Canadians, and that these aspects will not receive the scrutiny they deserve if rolled into an omnibus bill. These pieces of legislation were former Bills C‐50, C‐51 and C‐52 from the last session of the previous Parliament, the ‘lawful access’ technical surveillance bills. We join Canada’s federal and provincial Privacy Commissioners in voicing our grave concerns regarding this invasive legislative mandate, as they collectively did in a letter to Deputy Minister of Public Safety dated March 9, 2011. Our specific concerns, which we highlight in greater detail in an appendix to this letter, include: The ease by which Canadians’ Internet service providers, social networks, and even their handsets and cars will be turned into tools to spy on their activities further to production and preservation orders in former Bill C‐51 – a form of spying that is bound to have serious chilling effects on online activity and communications, implicating fundamental rights and freedoms; The minimal and inadequate amount of external oversight in place to ensure that the powers allotted in these bills are not abused; Clause 16 of former Bill C‐52, which will allow law enforcement to force identification of anonymous online Internet users, even where there is no reason to suspect the information will be useful to any investigation and without adequate court oversight; and The manner in which former Bill C‐52 paves the way to categorical secrecy orders that will further obscure how the sweeping powers granted in it are used and that are reminiscent of elements of the USA PATRIOT Act that were found unconstitutional.

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Page 1: Letter to Prime Minister Stephen Harper in response to Lawful Access

8/6/2019 Letter to Prime Minister Stephen Harper in response to Lawful Access

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