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privacy

Big Ugly Border Bill

The price of liberty may be more than eternal vigilance. Must we also employ all-​knowing vigilance? Encyclopedic knowledge of all possible dirty tricks freedom’s enemies may employ?

One such is burying the latest assault on liberty in legislation about an unrelated matter in hopes that nobody will notice.

In Canada, a controversial effort to sabotage online privacy has wormed its way into a bill supposedly about strengthening border security: the Strong Border Act (Bill C‑2).

It’s not exactly new, since, as Reclaim the Net reports, it’s something “law enforcement agencies have been pursuing since the late 1990s.”

As with populations south of the border, the people themselves hate such interference. “Despite being repeatedly rebuffed by public opposition, parliamentary committees, and Canada’s highest court,” observes Ken Macon, “the drive to erode digital privacy protections continues.”

In 2014, the Supreme Court ruled that Canadians have a right to expect that their subscriber information will be kept private. In 2023, the courts affirmed that users’ IP addresses were also entitled to protection. Investigators couldn’t simply rummage through a Canadian’s subscription details and surfing history without a warrant.

But the new legislation would entitle authorities to make warrantless “information demands” on service providers.

If this legislation ostensibly about the border is enacted, service providers would, on demand, have to identify particular users and whether the provider possesses his transmission data. The actual data itself would not have to be handed over, but Macon stresses that permitting such indirect searches would “effectively sidestep the very privacy protections the courts have upheld.”

Vigilance, indeed, knowing our governments’ lust for omniscience about us.

This is Common Sense. I’m Paul Jacob.


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Illustration created with Krea and Firefly

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Fourth Amendment rights general freedom national politics & policies Popular too much government

Snowden Won?

“The phone records program” that Edward Snowden risked life, limb and freedom to expose “had never thwarted a terrorist attack,” the New York Times informs in a somewhat startling bit of reportage published on Monday.

But that isn’t the startling part. 

The National Security Administration’s unauthorized metadata phone-​records collection program was a wish-​list snoop system snuck into practice under cover of the Patriot Act. After the Snowden revelation, Congress halted it, replacing it with a similar operation in 2015, via the U.S.A. Freedom Act. But we have long known that U.S. spies could do most of what they “need” without pre- or post-​Snowden versions.

What is startling in the Times article, “Disputed N.S.A. Phone Program Is Shut Down, Aide Says,” is there in the title: the federal government’s top spy agency has allegedly not used the program in its Freedom Act version in months, has even closed it.

And the Freedom Act, up for renewal, may just be allowed to die a quiet death.

Nick Gillespie, at Reason, cautions that “the possible end of the USA Freedom Act doesn’t mean the federal government doesn’t have access to all sorts of tools needed to secretly snoop on you, or that your personal data isn’t being collected in any number of ways you have little control over.” And he cites a recent Reason piece on how Patriot Act survellaince powers have been used to bust up a prostitution ring.

Which shows how terrorism is not the only government target. 

And why giving government vast surveillance powers could be used for anything.

Not to mention that niggly problem of abridging the Fourth Amendment rights that had so concerned Ed Snowden.

This is Common Sense. I’m Paul Jacob.


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surveillance, metadata, Snowden, Edward Snowden

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