Big Brother gets Bigger in Canada

Breitbart.com
February 14, 2012

(Via AFP) Canada’s government Tuesday introduced a bill to give law enforcement authorities sweeping powers to probe online communications, but the move sparked criticism about threats to privacy.

“New technologies provide new ways of committing crimes, making them more difficult to investigate,” Justice Minister Rob Nicholsontold a press conference in unveiling the measure.

“This legislation will enable authorities to keep pace with rapidly changing technology.”

 Opposition parties and civil liberties groups, however, said new police powers contained in the bill could result in unreasonable searches and seizures.

Privacy Commissioner Jennifer Stoddart, whose office is independent from the government, said in a letter to Public Safety Minister Vic Toews last October she had “deep concerns” about the proposed changes, which she said could have “serious repercussions for privacy rights.“

“I recognize that rapid developments in communication technologies are creating new challenges for law enforcement and national security authorities and that the Internet cannot be a lawless zone,” Stoddart said.

But “by expanding the legal tools of the state to conduct surveillance and access private information, and by reducing the depth of judicial scrutiny… (the bill would allow the) government to subject more individuals to surveillance and scrutiny.”

Further more it goes “far beyond simply maintaining investigative capacity or modernizing search powers. Rather, (it) added significant new capabilities for investigators to track, and search and seize digital information about individuals.”

The legislation would require telecommunications service providers to set up systems that allow police or Canada’sspy service to intercept communications as part of their investigations.

As well, they would be required to provide subscriber information to authorities and other data that would allow police to track suspects using a cell phone or a computer.

Toews in parliament insisted the newest draft of the bill balances law enforcement needs and privacy rights, but Stoddart’s office told AFPher concerns remain.

 

Security Perimeter and the Political Consolidation of North America

by Dana Gabriel
Global Research
September 21, 2011

The U.S. and Canada are very close to unveiling a North American perimeter security deal that would promote greater integration between both countries. This includes expanding collaboration in areas of law enforcement and intelligence sharing which could dramatically affect sovereignty and privacy rights. While there is a need for more public scrutiny, incrementalism has been used to advance North American integration. In many ways this has kept the agenda under the radar. Much like NAFTA and the Security and Prosperity Partnership, a U.S.-Canada perimeter security agreement would represent another step in the consolidation of North America.

During his speech at a recent meeting of northern border states, U.S. Attorney General Eric Holder told participants that the U.S. and Canada are set to launch a pilot project next year which will allow law enforcement officers to operate on both sides of the border. Holder explained that, “the creation of ‘NextGen’ teams of cross-designated officers would allow us to more effectively identify, assess, and interdict persons and organizations involved in transnational crime.” He went on to say, “In conjunction with the other provisions included in the Beyond the Border Initiative, such a move would enhance our cross-border efforts and advance our information-sharing abilities.” The declaration, Beyond the Border: Shared Vision for Perimeter Security and Economic Competitiveness issued by President Barack Obama and Prime Minister Stephen Harper last February, identified joint law enforcement operations and information sharing as a high priority. There are already examples of what we could expect from a security perimeter as some Canadians have been denied entry into the U.S. after their records of mental illness were shared with the U.S. Department of Homeland Security.

While further details of the new joint law enforcement project are not yet available, Stuart Trew of the Council of Canadians pointed out that the plans are well advanced. This prompted him to question, “why is Harper consulting with Canadians on a done deal? We haven’t had a chance to yea or nay the perimeter agreement which is expected to be released as an ‘action plan’ within weeks. But a pilot project that legalizes and normalizes US policing activities in Canada is already set to begin next year.” He added that this confirms, “the Harper government will use its limited public consultations earlier this year to move ahead quickly with whatever new cross-border policing and information sharing commitments it wants, regardless of privacy and other concerns.” Last month, the Canadian government released two reports which summarized public input received concerning regulatory cooperation, as well as security and trade across the border. While improving the movement of goods and people was the priority for business groups, many individuals expressed concerns over the loss of sovereignty, along with the protection of personal information.

On top of announcing plans to create teams of cross-designated officers, Attorney General Eric Holder took time to praise bilateral relations between the two countries, but acknowledged, “there are areas in which the U.S. and Canada can enhance cooperation in criminal investigations and prosecutions. And I believe we must consider how extradition, and mutual legal assistance, processes could be streamlined.” He also stated, “As Canada’s national government considers various anti-crime policies and approaches, we will continue working to implement a comprehensive anti-crime framework.” Does this mean that as part of a security perimeter, Canada would have to change its legal system to better reflect U.S. laws? As the fall session of Parliament gets underway, the Harper government is set to table tough new criminal reform legislation.

In the report entitled Shared Vision or Myopia: The Politics of Perimeter Security and Economic Competitiveness, former Foreign Service officer Gar Pardy warns that a perimeter security deal with the U.S. could sacrifice Canadians privacy while doing nothing to improve the flow of trade across the border. In his report, Pardy reveals that “The concessions the Americans want is the transfer of enormous amounts of information about Canadians and others about whom Canada collects information. It is evident that to meet such expectations Canadian privacy laws will need to be ignored, violated or weakened.” He also stated that, “The Shared Vision approach essentially promotes the idea that in order to restore the status quo ante implicit in the free trade agreements there have to be large political concessions by Canada that will satisfy American security concerns.” This could explain the Conservative government’s announcement that it will reintroduce anti-terrorism measures which have expired and are on par with sections of the liberty-stripping U.S. Patriot Act. The move is tied to plans for a security perimeter and is aimed more at satisfying U.S. fears.

In his report released by the Rideau Institute, Gar Pardy also warns that, “when Canada–United States privacy protection principles are under bilateral discussion, privacy protection will not be increased. A more likely result is that existing Canadian privacy laws, as flawed as they are, will erode to meet the demands of the United States.” As part of his report, he recommended measures that would better protect privacy rights and encourage transparency. This included all new agreements with the U.S. affecting the privacy rights of Canadians, be reviewed by the Privacy Commissioner. Pardy called for the creation of a single authority to oversee all federal police and security organizations participating in information transfers between both countries. He also recommended a separate treaty that would protect personal information transferred to the U.S. for national security purposes. With regards to a perimeter security deal, Pardy concluded that, “If Canadian concessions on security and privacy rules do result in the lessening of American border restrictions and controls then such results would always be hostage to future events over which Canada has no control.”

It is important to keep in mind that the move towards a North American security perimeter is being done without congressional or parliamentary approval. There is no reason to trust that our governments will strike any kind of balance between security and freedom. That is why it is imperative that we demand more transparency and input. With a joint action plan expected to be released soon, it is my hope that Canadians and Americans will reject any perimeter security deal that reduces privacy rights and further puts our sovereignty at risk.

E-totalitarianism at Google

By Scott Cleland
The Washington Times
May 9, 2011

Google Inc.’s “Don’t Be Evil” slogan is seductive but misleading. It is the lowest business ethics standard ever devised, excusing everything Google does short of evil. Google isn’t evil – but neither is it ethical.

While perceptions of the world’s erstwhile No. 1 brand remain exceptionally strong, Google’s ethical blind spots regarding privacy and property rights are beginning to erode the public’s trust and eventually could threaten the company’s market domination. Anyone who follows Google closely knows that the company is a serial scandal machine. One of the world’s most powerful companies, with its vainglorious mission to “organize the world’s information,” has proved itself to be unethical, shockingly political and untrustworthy.

Google’s privacy record is shameful. In 2004, Google sparked a privacy outcry by scanning Gmail users’ private emails for advertising keywords. The next year, Google Earth put sites, including the White House’s roof and a Trident submarine base, on public display; a leader of the al-Aqsa Martyrs’ Brigade terrorist group said he was thrilled. In 2006, Google refused to comply with a California privacy law. Two years later, Street View exposed people’s homes and license plates to anyone who cared to look; a member of the British Parliament described the service as “invading our privacy on an industrial scale.” In 2009, Google began tracking the books people searched (via Google Books) and visitors to WhiteHouse.gov. Last year, Google Buzz exposed users’ private email lists to the public while Google’s Street View cars were caught eavesdropping on millions of users’ wireless networks. No wonder Privacy International cited Google for its “entrenched hostility to privacy.” But it’s easy to understand why Google has no respect for privacy. Just consider Google Chairman Eric Schmidt’s own words: “If you have something you don’t want anyone to know, maybe you shouldn’t be doing it.”

Google’s recordfor respecting others’ property is no better. In 2004, Google paid $250 million in stock to settle a lawsuit alleging the firm had violated GoTo.com’s patent for the keyword auction process on which Google’s business model is based. A year later, the Authors Guild sued Google for copying millions of books without permission; Google continues to copy books illegally despite the fact that a federal court rejected the proposed Google Books settlement as unlawful. In 2007, Viacom sued Google for $1 billion for infringing hundreds of thousands of copyrights on videos; court documents revealed Google knew YouTube derived its traffic from illegal video uploads but bought the company anyway. In 2010, Oracle charged that Google “knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property” in its Android mobile-phone platform. Google also has been accused of facilitating trademark infringement and aiding online piracy.

When Mr. Schmidt was asked if people should trust Google as much as they do, he deflected the question with a question of his own: “That depends on what you think of our company and our values. Do you think we have good values?” Perhaps out of politeness, no one wants to tell him the truth: Google’s actions and business practices over time make it clear that Google’s values are not what most people would consider good values.

Google repeatedly says one thing but does another. The company says serving users is its top priority, but Google does not offer users customer service. Google exhorts others to be transparent, but it runs one of the world’s most opaque operations. Google urges everyone else to adopt open systems, but Google’s search engine and AdWords auction system are closed. Google tramples the most fundamental ethical standard, the golden rule, by routinely treating others the way Google does not want to be treated.

Earlier this year, Google put a defiant public exclamation point on its contempt for private information and property by announcing it had decided to make all of the secret, confidential and private information leaked by WikiLeaks universally accessible and useful to the world’s bad actors via Google search.

It all comes back to Google’s uber-ambitious mission “to organize the world’s information.” That may sound like a good thing, but do we really want one unethical, unaccountable entity organizing all of the world’s information? Google’s unprecedented centralization of power over the world’s information is corrupting the Internet. It is leading us to a future in which there is little competition, privacy and incentive for creativity and innovation. Allowing one company to organize the world’s information is a terrible idea that can only lead to a soft totalitarianism.

Information is power. Google is rapidly evolving from an information servant to master, from working for users to making users work for the Internet behemoth. Make no mistake, if Google succeeds at taking away people’s online privacy and intellectual property rights through tracking and digital redistribution, we become Google’s serfs. This digital road to serfdom is not paved with good intentions.

Scott Cleland is author of the new book “Search & Destroy: Why You Can’t Trust Google Inc.” (Telescope Books, 2011).

Airport Scanners: It’s all about submitting

It’s about giving away liberty for false security.  “Americans have yet to make any really major sacrifices for their security,” says professor.

AP

Inverted Body Scanner Image

An airport traveler who famously resisted a full-body scan and groin check with the words “If you touch my junk, I’ll have you arrested” has become an Internet sensation, tapping into rising frustration over increasingly invasive searches.

John Tyner’s online account — complete with cell-phone video of the encounter — has helped fuel a campaign urging travelers to decline the body scans next week during the busiest travel day of the year.

It also raised questions about the complaints: Are Americans standing up to government overreach or simply whining about the inconvenience of air travel while insisting on full protection from terrorists?

“I think Americans, in their hearts, still feel airport security is just a big show — form over substance,” said Joseph Schwieterman, a Chicago-based transportation expert. “So they’re impatient with strategies they feel are just there to placate political demands rather the genuine security threats.”

Many of the people who have little tolerance for airport security are the same ones who want the government to work aggressively to prevent terrorist attacks, Schwieterman said.

Long-simmering annoyance among passengers and even plane crews has recently risen to new heights with wider use of full-body scanners, which show a traveler’s physical contours on a computer in a private room removed from security checkpoints. Faces are never shown, and the person’s identity is supposedly not known to the screener reviewing the images.

About 300 of the scanners are in use at 60 U.S. airports. The Transportation Security Administration hopes to deploy approximately 500 units by the end of the year.

Not all travelers are selected to go through the scanners, but the TSA requires people who decline to submit to pat-downs that include checks of the inside of their thighs and buttocks. Top federal officials insist the procedures are safe and necessary to ward off terror attacks.

“It’s all about security,” Homeland Security Secretary Janet Napolitano said. “It’s all about everybody recognizing their role.”

Tyner, a 31-year-old software engineer from Oceanside, Calif., insisted he was not looking for notoriety when he confronted TSA agents last weekend at the San Diego airport.

“I don’t think I did anything heroic,” he said in a telephone interview Tuesday. “I stood up for what I thought was right.”

After Tyner declined to go through the full-body scanner, he refused to submit to a groin check as part of a pat-down. He was thrown out of the airport Saturday after being threatened with a fine and lawsuit.

His confrontation spawned online sales of T-shirts, bumper stickers, hats and even underwear emblazoned with the words, “Don’t Touch My Junk!”

But he does not advocate travelers following his lead, saying he appreciates that most people cannot afford to put expensive trips at risk.

“But people ought to do what their consciences say they should do,” he said. “If civil disobedience is a way they think would work, I think they should do it.”

TSA Persecuting Opt-outs

Tyner’s one-man protest has inspired other efforts, including an online campaign urging air travelers to refuse body scans in a “National Opt-Out Day” the day before Thanksgiving, one of the year’s busiest travel days.

Brian Sodergren, 33, of Ashburn, Va., said he put up the site a week ago. Interest spiked after Tyner’s video went viral.

“This issue has picked up steam more than I ever would have imagined,” said Sodergren, who works in the health care industry. “The outpouring has been huge.”

Sodergren stops short of urging people to refuse both the scanner and pat-down.

“The proper reaction isn’t walking away and subjecting yourself to penalties,” he said Tuesday. “The proper response is to write to your lawmakers and get the law changed.”

But compared to security in some other countries, Schwieterman argued, procedures in the U.S. are far from intrusive.

In Israel, where Palestinians attacked planes in the 1970s, passengers face tough questioning and multiple inspections. Single women who are not Israeli citizens are sometimes inspected more intensely because militants have tried to use them as couriers.

“Americans have yet to make any really major sacrifices for their security,” said Schwieterman, a professor at DePaul University in Chicago. “Pat-downs and scanners are minimally evasive — and there’s even resistance to this, just 15 seconds of awkwardness.”

TSA Hit with Lawsuits as resistance against scanners grows

A woman whose flight was targeted by a Nigerian man suspected of carrying explosives in his underwear said she believes all security measures, including full-body scanners, should be considered to curb threats.

“People shouldn’t be too much concerned about their privacy because this is a life-and-death matter,” said 55-year-old Shama Chopra of Montreal, who was traveling from Amsterdam to Detroit on Christmas Day of last year. “We should be discussing all security.”

But it’s not just passengers putting up resistance. Some airline pilots are pushing back, too.

“I would say that pilots are beyond fed up,” said Tom Walsh, a pilot and sometime aviation security consultant. “The TSA is wasting valuable time and money searching the crew, who are not a threat.”

One of the nation’s most celebrated pilots, Capt. Chesley “Sully” Sullenberger, has also detected the growing unease.

“The fundamental reason is that airline pilots are already the last line of defense for anyone who poses a threat to the airplane,” said the soft-spoken Sullenberger, who successfully ditched his US Airways plane in the Hudson River last year after it struck birds during takeoff. “We are — and would like to be considered — trusted partners in that important security mission.”

At least one pilots union, the U.S. Airline Pilots Association, has issued new instructions to members to call in sick and not board flights if, after a pat-down, they are too upset to fly.

“If the pilot feels the groping is too much and they are stressed out — they are obliged not to fly,” union spokesman James Ray said. He insisted the new instruction is not meant as a protest, saying it complies with rules that pilots don’t fly if they feel they are not fit.

Despite the concerns about pat-downs, Ray said, the union recommends pilots avoid going through scanners out of concern that cumulative effects of low radiation could be harmful.

But Ray agreed that if enough pilots and travelers opt out of body scans, delays could result, especially if there aren’t enough TSA screeners to conduct the more time-consuming pat-downs.

From now on, Tyner said, his protest of choice will be more straightforward: Whenever he can, he simply won’t fly. He said that should be practical option because most of the friends and relatives he visits are in the California area.

“I would suggest other people also take the train, bus or car instead of a plane,” he said. “Take a trip and enjoy the countryside.”

Related Articles:

Naked body scanner images leaked online

TSA harasses children

The New Prison Industrial-Complex

The use of non-original content in this site is protected by the Fair Use Clause created in 1976, which allows for the reproduction of copyrighted materials for the purposes of commentary, criticism and education.

Global Research

There is a new technological trend in the United States that promises to use advances in Internet, GPS, and chemical detection technology to manage states’ surging prison and parolee populations. Several states, particularly those with massive budget deficits like California and Michigan, are unable to shoulder the burden of housing more inmates in their dangerously overcrowded prisons. They are therefore dramatically increasing the use of GPS technology to monitor the whereabouts and activities of parolees, as well as using the technology for home detention programs and even alcohol consumption monitoring. While it is true that GPS ankle bracelets have been in use for a few years now, new technology, laws, and applications are increasing the use of such devices in what is soon to be a booming industry – fully dependent upon the corrections system.

In Richmond, California, statistically identified as having America’s fourteenth highest crime rate [1] , the police recently fitted twenty parolees with GPS tracking devices on their ankles. [2] The devices include paging systems that require the parolee to call his or her parole agent each time they feel the device vibrate. Police officers say that they can use the devices to track parolees and place them at the scene of a crime committed while on parole. The tracking devices do, however, bring into question the status of a parolee’s civil liberties and may open the door to court challenges regarding invasion of privacy and other constitutionally guaranteed rights. The political will of several states are fully behind using the new technology and the courts thus far seem to like the flexibility they offer in sentencing and early release. The Richmond program is merely the tip of the iceberg.

In Los Angeles, for example, the police have established the Realtime Analysis and Critical Response (RACR) division, which uses a website called VeriTracks to follow parolees. [3] Parolees wearing the tracking devices are tracked online in real time with their whereabouts shown on a map by a green colored dot. RACR has the ability to type in the location of a crime and determine whether or not a parolee was at the scene of the crime at or around the time of the incident. Governor Arnold Schwarzenegger has been paroling gang members on the condition that they wear the tracking devices and has also begun using the devices on sex offenders. In fact, under a new law called Chelsea’s Law , those convicted of violent sex acts against children under age 14 would qualify for lifetime GPS tracking. [4] In 2007, California was projected to spend $30 million on GPS tracking devices and services. The state now spends around $80 million annually on equipment and services without any proof that the new technology has made citizens safer. [5]

The State of Florida has signed on to use a new type of technology, sold by the company ActSoft, which not only monitors the whereabouts of a person, but also can detect whether or not that person has been drinking alcohol. Florida asserts that the technology is being used to free up space in prisons for violent offenders and is even giving people charged with reckless driving with the option of either going to jail to await trial, or staying out on bail with an ankle bracelet that can detect alcohol in their blood. [6] The system works by detecting the presence of ethanol vapors, a telltale sign of the metabolism of alcohol.

Public safety advocates continue to push for greater restrictions on the freedom of movement, and the elimination of privacy rights of those charged with or convicted of crimes. This is not a new platform in the annals of America’s criminal justice system. Public figures regularly jump at the opportunity to be perceived as tough on crime and, in fact, are terrified of being perceived as weak on crime. The fear is that public at large will hold politicians accountable for their perceived weakness on crime and, as such, this is a perception that politicians want to avoid at all costs – no matter what the evidence says regarding the effectiveness of “get tough on crime” measures. Fortunately for those fearing the perception of weakness, state budget crises all across America are enabling lawmakers to also use public finances as a justification for the increased use of electronic monitoring, otherwise known as “tethering,” on those in the criminal justice system.

States all across the country are engaged in cost analyses and coming to the conclusion that the use of electronic tethers is highly cost effective. One county jurisdiction in Michigan is reporting that people who are incarcerated cost the county $95 per day, while those who are tethered only cost between $6 and $12 per day. [7] In 2007, Florida had to pay approximately $12 per day for electronic monitoring while incarceration cost the state $43.26 per day for a man and $65.46 per day for a woman. [8] The attractive cost differential is being touted by businesses providing the equipment and monitoring services and is creating a new aspect of business in America’s prison-industrial complex which once grew as a result of increasing the number of prisons built – whether publicly or privately owned. [9] Whereas the expansion of America’s prison system was once an integral part of politics, the “war on crime,” and a new economic base for impoverished rural areas, state budget problems have forced the complex to rely on a new form of technology that could one day enable the monitoring of parolees or people in pre-trial confinement to be outsourced to foreign countries. The profit potential for companies providing electronic monitoring equipment and services is noteworthy. Denver’s Alcohol Monitoring Solutions has claimed that the market for their products could eventually be worth $1.3 billion per year. [10]

Civil rights advocates have warned that the privacy, search and seizure, and due process of parolees and others might be violated by having someone watching them around the clock, particularly those who are required to wear the devices for life. Such an obligation equals new punishment after punishment for the crime has already been rendered and time served. Additionally, those required to wear the devices may find it hard to obtain a job and become normal, productive members of society.

Paul C. Wright is an attorney, business consultant, and legal researcher who has practiced both military and civil law. His legal practice areas have included criminal, international, insurance, and consumer law.Paul C. Wright is an attorney, business consultant, and legal researcher who has practiced both military and civil law. His legal practice areas have included criminal, international, insurance, and consumer law.

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