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Canada's tax revenue agency tries to ToS itself out of hacking liability

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Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#142
post #6

> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsi…

On top of this, I don’t see how a contract that you are compelled to agree to in order to do your taxes could be seen as one that you’ve willingly entered.

Using the My Account web site is not required to do your taxes. You can file by mail AND electronically with Netfile without using it at all. Src: https://www.canada.ca/en/revenue-agency/services/e-services/...

That being said, My Account is a useful, albeit very flawed online tool.

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#143
post #6

> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsi…

What happens if you don't agree to the TOS? Pretty sure that means you can't do your taxes, and you'd get in pretty hot water as a result. To me, that implies that the Canadian government is forcing you to agree to this TOS, which further reduces its legal defensibility.

You can file electronically without ever touching My Account. All you need is some info from your previous year's Notice of Assessment.

Src: https://www.canada.ca/en/revenue-agency/services/e-services/...

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#145
post #13
post #6

> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsi…

Legal structures and especially state or state sponsored entities in Canada work much differently than in the US. The ICBC has a literal state sponsored monopoly over car insurance, titling a vehicle and driver licensing, whereas in the US no state handles car insurance, while titling a vehicle and driver licensing are not necessarily the same state organizations. This state sponsored vertical integration enables abu…

> The DUI checkpoints up in BC are wild too, I'm glad they are banned in Washington and Oregon. Suspicionless stopping of cars en masse followed by interrogation by police seems like an overreach.

There has been a lot of pushback to DUIs. I did a poli-sci BA thesis on it. Essentially its one of the few times they make exception to constitutional rights, and assume guilt without due process.

A fairly deep explanation of what I'm talking about, and why states like WA gave up on it:

https://www.duicentral.com/dui/the-dui-exception/

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#146

Earlier quoted context omitted.

> limited to interrogations about alcohol/drug intoxication (edit: and a few matters regarding the vehicle itself) unless something else is offered/observed. Which in effect means that they are unlimited. They make wide use of drug detecting dogs. If a drug dog indicates you might have contraband, that allows further intervention. It is widely known that drug dogs can , worst case, be trained to hit when a hit is not…

"Drug dogs" Fun fact: Most police "drug dogs" you see in public are actually normal dogs, because "drug dogs" are quite expensive and can only be put to service for a limited time (and they stress out with lots of noise and people). But if the people think the dog is a drug dog, then their reaction is often telling enough. (but I don't know, if they do this in canada to get the "allows further intervention", but this…

Where do you get this from? The training of a drug dog would be one of the first things challenged in a criminal drug case and would terminal to establishing probable cause.

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#147
post #135

Earlier quoted context omitted.

One of the biggest problems is Canada is the assumption of country wide immunity from systemic issues because "it's worse in the States". This prevents lots of real change from happening and allows lots of really bad laws to exist.

I am Canadian, living in Canada and I really hate this. We constantly compare ourselves to the States. Why can't we compare to a country more with aspiring to? Like one of the Nordics?

Canada is bigger, way more diverse, has way more population, and is structurally, historically, and culturally similar to the US.

And speaking as someone who has lived or worked in a couple of those countries: it ain't all rainbows and cupcakes.

Denmark ain't exactly crazy about foreigners, plus there was just an article here about how ruthless they are with data surveillance. There isn't a huge market, jobs are tight, and "tall poppy syndrome" is a thing -- which is a problem for the HN wannabe-tech-mogul crowd. They're not the most open people -- kind, nice, polite -- but also closed off; its not easy to make friends. They're not crazy about immigrants, and there is very much a "for us, by us" mentality; high immigration in Sweden is, like in much of Europe, not popular with large segments of the population.

Outside of some cultural artifacts like Rugbrod or the Copenhagen obsession with fermenting every kind of food, there isn't much you can't get in Canada. Slightly less fat, slightly better dressed, and the English was often better.

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#148
post #13
post #6

> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsi…

Legal structures and especially state or state sponsored entities in Canada work much differently than in the US. The ICBC has a literal state sponsored monopoly over car insurance, titling a vehicle and driver licensing, whereas in the US no state handles car insurance, while titling a vehicle and driver licensing are not necessarily the same state organizations. This state sponsored vertical integration enables abu…

How are they wild? It's about a 5-second chat with an officer and off you go. They used to hand out coupon books.

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#149

Earlier quoted context omitted.

I lived in BC 10 years ago, and the notion that ICBC is extremely overpriced for no good reason seemed to be the prevailing and rather strongly held belief cutting across the political spectrum there. I'll grant you that this is anecdata, but if there are any public opinion polls demonstrating that ICBC is doing what it's doing with an actual consent of the governed, I'd love to see them. (Elections don't satisfy thi…

What is overpriced for an insurance? people pay their fees and get damage compensation in case of a successful claim. So an insurance can be overpriced if the compensation is way lower than the fees on average (administrative overhead or extracted profit from the insurance provider) and then of course you can hold the opinion that the insurance's coverage is too hight, which also leads to higher fees to begin with. A…

The issue with ICBC is that you are forced to do business with them no matter how you feel about their business practices or how much they are charging. ICBC can change their pricing completely from year to year and there is nothing you can do about it if you need to keep driving your car. This is not even an exaggeration, a few years ago ICBC did adjust their rates such that some people were suddenly paying thousands more per year despite having no claim history, They have since changed the fee structure since then but it is a bit scary when your premiums go from $2000 per year to $5000 or more.

Re: Canada's tax revenue agency tries to ToS itself out of hacking liability

#150
post #20
post #5

Earlier quoted context omitted.

I am not a lawyer, but if it's provable that your data was stolen, why wouldn't a citizen be able to take an entity to court for what would be reason precautions and protections around their data? If you can show that they didn't have audits, protections against their DB, etc. then I can imagine they'd be as liable as a private entity. But as is mentioned, this is all but demanded of Canadians to use this service, an…

Due to the principle of sovereign immunity. A government can only be sued if it explicitly has granted permission, otherwise the government is immune from civil action.

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