Saturday, February 18, 2012

Vic Toews, read this before insulting Canadians again then resign!

Good Day Readers:

It's inexplicable, not to mention unconscionable, that a senior Minister of the Crown with significant power and access to resources, both human and non-human, would now tell us he was unaware of certain key provisions of an omnipotent Bill he introduced jointly with the Minister of Justice with potentially far reaching consequences for any Canadian using the internet which is just about all of us save for babies.

For this reason, CyberSmokeBlog calls for Mr. Toews and Justice Minister Robert Nicholson to immediately resign from cabinet!

To appreciate paragraph 17, which Mr. Toews obviously didn't, it is first necessary to reproduce 16(1) and (3).

Obligations Concerning Subscriber Information
16(1) On written request by a person designated under subsection (3) that includes prescribed identifying information, every telecommunications services provider must provide the person with identifying information in the service provider's possession or control respecting the name, address, telephone number and electronic mail address of any subscriber to any of the service provider's telecommunications services and the Internet protocol address a local service provider identifier that are associated with the subscriber's service and equipment.

Designated Persons
(3) The Commissioner of the Royal Canadian Mounted Police, the Director of the Canadian Security Intelligence Service, the Commissioner of Competition and the Chief or Head of a police service constituted under the laws of a province may designate for the purpose of this section any employee of his or her agency, or a class of such employees, whose duties are related to protecting national securtity or to law enforcement.

Sincerely,
Clare L. Pieuk

Postscript

Oh, and by the way where was Stephen Harper when all this was happening?
_______________________________________________________    
Bill C-30: Protecting Children from Internet Predators Act

Exceptional Circumstances
17(1) Any police officer may, orally or in writing, request a telecommunications service provider to provide the officer with the information referred to in subsection 16(1) in the following circumstances:

(a) the officer believes on reasonable grounds that the urgency of the situation is such that the request cannot, with reasonable diligence, be made under that subsection;

(b) the officer believes on reasonable grounds that the information requested is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and

(c) the information directly concerns either the person who would perform the act that is likely to cause or is the victim or intended victim, of the harm.

The police officer must inform the telecommunications service provider of his or her name, rank, badge number and the agency in which he or she is employed and state that the request is being made in exceptional circumstances and under the authority of this subsection.

Obligation of telecommunications service provider
(2) The telecommunications service provider must provide the information to the police officer if the request were made by a designated person under subsection 16(1).

Communication
(3) The police officer must, within 24 hours after making a request under subsection (1) communicate to a designated person employed in the same agency as the officer all of the information relating to the request that would be necessary if it had been made under subsection 16(1) and inform that person of the circumstances referred to in paragraphs (1)(a) to (c).

Notice
(4) On receiving the information, the designated person in writing inform the telecommunications service provider that the request was made in exceptional circumstances under the authority of subsection (1).

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