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Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

michaelgeist.ca

121–130 of 374 posts

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#123

Regarding warrantless searches and access ... reading the text of the bill (OP link) warrants seem to be required. Simple, right? Well, no, this is a recently inserted block of text in the bill (confirm at the link above): Exception (2. 7)(b) However, a copy of the warrant is not required to be given to a person under subsection (2. 6) if the judge or justice who issues the warrant sets aside the requirement in respe…

I'm not Canadian, but it seems similarly written to how laws in the US have been exploited to be used to spy on Americans. And despite not being Canadian, as an American I have a horse in this race, as the OP notes... | many of these rules appear geared toward global information sharing I see a lot of people arguing that these bounds are reasonable so I want to make an argument from a different perspective: Investiga…

People are let go off all the time. Not because of the law but because who needs the work of chasing and punishing every law breaker in the land. In your own workplace,family and friend circle, count how many times you have seen some one do something dumb(forget illegal) that has caused a loss or pain to some one else. And then count how many times you have done something about it.

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#124

Earlier quoted context omitted.

That’s not how evidence works in Canada. Illegally obtained evidence is still evidence - you simply also have a tort against the officer for breaching your rights.

It would be inadmissible if the court deems it to impact the fairness of the trial, no? https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/chec...

Maybe. Courts aren’t magic machines that do the right thing.

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#125

all these governments that supposedly prided themselves on their freedoms and fair processes are somehow becoming prisons to their own citizens

Seriously, and more than that, "by the people and for the people" are increasingly becoming hollow words contrasted with the reality of daily life. Corruption is increasingly rampant, and it's "rules for thee but not for me" everywhere you look (where thee are normal citizens, and me is corporations and government).

[dead]

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#126

Earlier quoted context omitted.

It's not bad. Judges are not crazy and they'll require a reason for this. It could mean 'fraying at the edges' of the law but this is not bad at all. You can tell where things will land with this generally it's not bad. If it were Texas or the South where the justice dept. leans a different way it could be a problem. Canada is a bit like Europe where they have statist mentality, kind of hints of lawful, bureaucratic…

> Canada is a bit like Europe where they have statist mentality If the last decade and a half has taught us anything, it's that you can't rely on the state and arms of the state to remain consistent permanently. In the absence of a free media, as in the US where it's controlled by a handful of billionaires, the people can be manipulated to vote in a government that will run roughshod over precedent and norms.

I totally agree, but that's a question aside from the institutional authoritarianism of statist countries.

Canada and European nations are not very 'liberal' in the sense a lot of people would like - they are communitarian.

We lament Trump breaking norms ... the office of the Canadian PM is almost only bounded by norms, he has crazy amounts of power - on paper.

A Trump-like actor in Canada (maybe UK as well) could do way more damage.

I think that the quality of the judiciary is subjective but real, it can be characterized.

I don't have a problem with this law as it is written, to the extent it's used judiciously, which I generally expect in Canada - but that's only because of an understanding of the system as a whole, not as it is written.

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#127
post #121

The endgame is clear. Mass surveillance combined with AI agents. Would almost be like having a personal government spy watching each individual person.

Yep. Everyone can have their own “AI FBI agent” following their every move.

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#128

Earlier quoted context omitted.

It's not bad. Judges are not crazy and they'll require a reason for this. It could mean 'fraying at the edges' of the law but this is not bad at all. You can tell where things will land with this generally it's not bad. If it were Texas or the South where the justice dept. leans a different way it could be a problem. Canada is a bit like Europe where they have statist mentality, kind of hints of lawful, bureaucratic…

While this might be true and we'll and good (for now) isn't it still a worry and a threat that the law is written as such? That is to say, though the "vibe" may be as you say, the law now permits, if not now, at some future instance people with different perspectives or vibes can use the law as written, to other ends. In short, yeah it may not be Texas now, but a "Texas-like" vibe could germinate and use the laws in…

"though the "vibe" may be as you say, " it's not a vibe so much as a real characteriztion of the law in the context of the system in which it operates.

There is no such thing as a set of 'hard fast rules' like 'software' which governs us.

It's always going to depend on the quality, characteristic and legitimacy of institutions, among other things.

'The Slippery Slope' can be applied in almost anything and I don't think that it is a reasonable rhetorical posture without more context.

'Written Laws' is not going to really stop anywhere from 'becoming like Texas'

Re: Bill C-22, the Lawful Access Act: Dangerous backdoor surveillance risks remain

#129

Regarding warrantless searches and access ... reading the text of the bill (OP link) warrants seem to be required. Simple, right? Well, no, this is a recently inserted block of text in the bill (confirm at the link above): Exception (2. 7)(b) However, a copy of the warrant is not required to be given to a person under subsection (2. 6) if the judge or justice who issues the warrant sets aside the requirement in respe…

I'm not Canadian, but it seems similarly written to how laws in the US have been exploited to be used to spy on Americans. And despite not being Canadian, as an American I have a horse in this race, as the OP notes... | many of these rules appear geared toward global information sharing I see a lot of people arguing that these bounds are reasonable so I want to make an argument from a different perspective: Investiga…

> A lot of us strongly push against these types of measures not because we have anything to hide nor because we are on the side of the criminals.

I had this view as well until I realized it’s predicated on living in a high trust society. At some point you reach a critical mass of crime that is so rampant, and the rule of law has so broken down that it’s basically Mad Max out there, and then these idealistic philosophies start to fall apart.

You can look to parts of SE Asia or the Middle East to see some examples where that happened, and where it was eventually reigned in with extreme measures (Usually broad and indiscriminate capital punishment).

I know your comment is about fixing failure modes in the legal system, and I’m not defending government surveillance, or the idea of considering someone innocent until proven guilty, but what happens when the entire system fails due to misplaced idealism? Much worse things are waiting on the other end of the spectrum when people don’t feel like the government is adequately protecting them.

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