RSS
Canadian Law Enforcement Agency Dropping Cases Rather Than Deal With New Warrant Requirements For ISP Subscriber Info
from the if-at-first-you-don't-succeed,-quit dept
A funny thing happens when courts start requiring more information from law enforcement: law enforcers suddenly seem less interested in zealously enforcing the law.
Back in June of this year, Canada's Supreme Court delivered its decision in R. v. Spencer, which brought law enforcement's warrantless access of ISP subscriber info to an end.
In response, the RCMP has done what other law enforcement agencies have done when encountering a bit of friction: given up.
If the RCMP is dropping cases because it doesn't have enough put together to "fulfill the requirements" of its warrant paperwork, then it really doesn't have enough of a case put together to be demanding that third parties turn over information related to the suspect. It's that simple. The cases it has dropped obviously aren't strong enough to justify attempts to gather more information. The warrant requirement is going to turn the RCMP into a better law enforcement agency -- one that doesn't pursue certain investigations just because they're easy. This forces the RCMP to better evaluate its caseload and cut loose those that suffer from a dearth of information. The RCMP may now be counting up its theoretical losses (the cases that it's dropping), but Canadian citizens are better protected against ad hoc bulk surveillance and law enforcement fishing expeditions.
Back in June of this year, Canada's Supreme Court delivered its decision in R. v. Spencer, which brought law enforcement's warrantless access of ISP subscriber info to an end.
In a unanimous decision written by (Harper appointee) Justice Thomas Cromwell, the court issued a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law.The effects of this ruling are beginning to be felt. Michael Geist points to a Winnipeg Free Press article that details the halcyon days of the Royal Canadian Mounted Police's warrantless access.
Prior to the court decision, the RCMP and border agency estimate, it took about five minutes to complete the less than one page of documentation needed to ask for subscriber information, and the company usually turned it over immediately or within one day.Five minutes! Amazing. And disturbing. A 5-minute process indicates no one involved made even the slightest effort to prevent abuse of the process. The court's decision has dialed back that pace considerably. The RCMP is now complaining that it takes "10 hours" to fill out the 10-20 pages required to obtain subscriber info. It's also unhappy with the turnaround time, which went from nearly immediate to "up to 30 days."
In response, the RCMP has done what other law enforcement agencies have done when encountering a bit of friction: given up.
"Evidence is limited at this early stage, but some cases have already been abandoned by the RCMP as a result of not having enough information to get a production order to obtain (basic subscriber information)," the memo says.The RCMP also points out that the 30-day response period will sometimes outlast the 30-day IP log retention period, resulting in information being destroyed before the agency can access it. It also notes that it's facing a bit of backlash in the wake of the Supreme Court's decision.
Banks, hotels, and car rental companies are reviewing the Supreme Court decision and "a few have signalled less voluntary co-operation" in future.Yeah, that's a shame. But it seems to be a feeling that's becoming increasingly common as the pendulum swings back towards protecting the rights of the public. Several companies have spent years being forced to play the submissive part in this involuntary relationship, handing out an endless number of "how highs" in response to the government's "jump!" orders. "Less voluntary" is what the future holds for intelligence agencies and law enforcement alike.
If the RCMP is dropping cases because it doesn't have enough put together to "fulfill the requirements" of its warrant paperwork, then it really doesn't have enough of a case put together to be demanding that third parties turn over information related to the suspect. It's that simple. The cases it has dropped obviously aren't strong enough to justify attempts to gather more information. The warrant requirement is going to turn the RCMP into a better law enforcement agency -- one that doesn't pursue certain investigations just because they're easy. This forces the RCMP to better evaluate its caseload and cut loose those that suffer from a dearth of information. The RCMP may now be counting up its theoretical losses (the cases that it's dropping), but Canadian citizens are better protected against ad hoc bulk surveillance and law enforcement fishing expeditions.
Reader Comments (rss)
(Flattened / Threaded)
Self-inflicted hardship
If they'd acted in a reasonable manner, only collecting what information they needed on suspects based upon solid evidence of illegal or suspect activity, instead of everything, all the time, and on nothing more than hunches and whims, then there would never had been a push-back against their efforts, but because they went so incredibly overboard, suddenly they're finding their toys being taken away from them, and are whining like spoiled children as a result.
[ reply to this | link to this | view in thread ]
Re: Self-inflicted hardship
An armed robbery occurs, and prison records prove the main suspect was in jail when it happened? He's guilty anyway! An officer strangles an innocent man to death? No crime committed; don't even bother with a trial!
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
CANADIAN INTELLIGENCE
PRIVACY COMMISSIONER OF CANADA - JUSTICE DEPARTMENT OF CANADA
Michael Heroux said michaelheroux1967@gmail.com
http://michaelandingridheroux.wordpress.com
https://plus.google.com/109414 718225592332058/about
I don't know why people are not talking more about why the watchdog of CSIS stepped down. Everyone is saying he stepped down because of a conflict of interest over the pipeline even though he was cleared of any ethics violations. My wife and I have filed numerous privacy complaints with the Privacy Commissioners Office Of Canada to investigate the RCMP CSIS and CSEC but they refuse to help us. They also refuse to help us get our information from The Justice Department Of Canada to look over to see if it correct. We first contacted the Privacy Commissioner Of Canada Jennifer Stoddart on November 26 2013 about our case against the RCMP CSIS and CSEC, then we contacted her again on November 28 2013 about our case and that day she changed her mind against BILL C-13, we submitted our case to her on November 30 2013 and that is the same day she stepped down. She was supposed to retire in 2 days after 10 years of service but she stepped down 2 days early because of our case. We read 5 different news articles on November 30 2013 saying she stepped down and when we went back to read those articles 5 news agencies deleted their story about her stepping down early. The Privacy Commissioner Of Canada sent us a letter and tried to tell us that we contacted her on November 19 2013 just before the bill was given to her but that was false, we never contacted her until November 26 2013 and then we contacted her again November 28 2013, and that day she decided against BILL C-13 because of the abuse and assasination attempts against my family and I. I find it strange the same day I revealed online my full complaint against the RCMP CSIS and CSEC the CSIS watchdog stepped down. Something that we also think is strange is when we contacted the Justice Department Of Canada looking for information they announced 2 days later they are appealing the decision from Judge Mosley and then they wanted to know why we wanted the information and where and what time we were going to use the information before they give it to us. Now they are refusing to give us our information and they said they will not answer any more of our requests. Something else we find funny is we don't have to enable our browser history anymore. We can clear our cache and our browser history and cookies and all and it is being cached somewhere else downstream from our ISP or maybe upstream somewhere. We think it is probably being cached by the spy in the adjacent suite. Thanks for reading.
My wife and I are the two people Justice Richard Mosley was refering to when he ruled CSIS was end running the law. We have been following this decision very closely, we are being spied on right here in Canada. My wife and I and our 3 children have been abused by the RCMP CSIS CSEC and other police forces in Ontario and British Columbia for over 5 years now. I have a mental disability and the police started harassing my family and I when I started using Craigslist 5 years ago, what can I say, we're swingers. My wife slept with a few of them while I watched. We are not terrorist. It sounds strange but I have been poisoned and my wife has been poisoned for speaking out publicly about the abuse. We have also been assaulted numerous times in the last 5 years. They are listening to us in our bedroom and living room because they let us know by telling us what we are talking about in the privacy of our home. We contacted the BC Human Rights and Civil Rights office last year because the police were trying to run me and my family over on the streets, but they never got back to us. We got a lawyer a couple years ago and the lawyer was able to get them to lay off for a bit. They sent a gunman to murder us last year, we managed to evade him. It also sounds strange but we have a spy monitoring us right now in the adjacent suite to us and they have been there for 15 months now. Since Judge Mosleys decision they quit harassing us but they are still messing around with our internet and phone communications. Thank God for Judge Mosley, I think he saved our lives. We think the reason they are still watching over us is because of what Judge Mosley refered to as "invasive survailence techniques" used against the people who had those warrants issued on them. They don't want us to tell anyone about the techniques used against us for the last 5 years. Pretty sophisticated alien technology if I do say so myself. Pretty cool actually but we don't plan on telling anyone. We are patriotic Canadians and we hate terrorist like everyone else but we don't want to see people abused. Caught up in the fish net so to speak. They have tried to set us up numerous times for arrest over the last 5 years to get their hands on us and make us look like the bad guy's but we have managed to evade those attempts also.
My wife and I are concerned because Canada Post is being scaled back and it has got us worried. We use open source software for our operating system. In the last 5 years our privacy has been majorly violated. We are most concerned about our communications being sanitized. We no longer have control over who we can make contact with through electronic means. We can only contact people in person for representation so most people not within our city are off limits to us. We realize we are being followed and are being listened to in the privacy of our own home and our home has been entered numerous times when we are not home by intelligence but our means of communications are being sanitized. 5 years ago we noticed rootkits being installed on our operating systems and I was able to set up honey pots and found they were being installed by the military. Since, we switched to virtual machines from static medium verified with sha512sums (DEBIAN KNOPPIX) to get a malware free system each boot. The only website we use is Craigslist and we have met RCMP agents through Craigslist who wanted us to work for them to help them entrap people from terrorist to gangsters. We believe they were just looking for patsies though. I used to work for the RCMP over 20 years ago to infiltrate criminals and make arrests but I quit working for them because they wanted me to set people up that weren't even breaking the law. For the last 5 years we have used Gmail and we have had numerous internet suppliers and numerous Gmail accounts and we have noticed people we have been emailing and people emailing us have not been getting the emails even though Gmail says they have been sent. We use an SSL connection so our communications are encrypted. The same thing applies to our text messages, we have used Rogers for internet, text and phone for the last 5 years. We have noticed our posting on certains forums are not showing up or they are being deleted as we are writing them right before our eyes or our browsers are being closed as we are writing stuff. Our computers are being shut down and our cell phones are being shut down as we are trying to correspond with people. We have realized that people have been contacting us through our email and our cell phones claiming to be people we know like family members for instance but we know they are imposters. We have tried contacting Human and Civil Rights advocates through electronic means but have had no replies. We have even tried to contact legal representation through electronic means but have never heard anything back over the years. It sounds strange but a gunman was sent to kill us early last year but we managed to evade him. Shortly after that someone tried hiring a hitman through the SILK ROAD website to kill us. At first when the website was taken down by the FBI the owner said the hit was for a father of 3 from Vancouver but later he admitted it was for the whole family of 5, a husband, wife and 3 children. We have been poisoned numerous times in the last 5 years and I have numerous painful swollen lumps throughout my body. Strangers have come up to us on the streets and have told us I have cancer. I went to the emergency room last year because my brain was swelling in my head and my eyes were bulging and I was having severe headaches and the doctor didn't want to treat me and sent me home. Thanks for reading.
[ reply to this | link to this | view in thread ]
CANADIAN INTELLIGENCE
PRIVACY COMMISSIONER OF CANADA - JUSTICE DEPARTMENT OF CANADA
Michael Heroux said michaelheroux1967@gmail.com
http://michaelandingridheroux.wordpress.com
https://plus.google.com/109414 718225592332058/about
The Justice Department Of Canada finally got back to us after ignoring us for over a month. They are now saying they won't give us our information they have on us to look over, and they told us they will not answer anymore of our requests and to get The Privacy Commissioner Of Canada to investigate why they won't give us our information. We have contacted The Privacy Commissioner Of Canada numerous times since November 30 2013, the same day the former Privacy Commissioner Of Canada stepped down. We want them to investigate why the The Justice Department Of Canada won't give us our information, but The Privacy Commissioner Of Canada won't help us get our information. They keep telling us they need concrete proof for them to investigate to get our information. It doesn't make sence to us. Since we were told to move back to British Columbia in 2009 from Windsor Ontario for our own safety, we have been kicked out of numerous apartments because of the agents harassment and we have been kicked out of Victoria B.C. and Kamloops B.C. by the police and they are now trying to kick us out of Vancouver British Columbia. They now have 2 apartments around us. They have one beside us and they have one above us. They use both apartments and they are working in shifts. They monitor us from the the above apartment and when the one agent is above us monitoring us the other agent is sleeping in the apartment beside us. Approximately every 12 hours they switch, the one upstairs will move to the lower apartment and rest and the one that is rested will take his place. It has been that way now for over 5 years. We know the agent above us is doing the monitoring because when we start talking about them they will start stomping on the ceiling until we stop talking about them. They will also stomp on the ceiling when we are posting online about them, they will try to block our postings by messing around with our internet and they will start stomping. That is the only time they stomp on the ceiling. They don't like us talking about them or posting about them. The first assasination attempt against us was in January 2013 when we went to find our one daughter that was working for them to investigate us in 2008. We went back to Windsor Ontario to find her and we were there for a month looking for her but we couldn't find her. Just before we came back to British Columbia they sent a gunman to murder my family and I. It was later that year in 2013 that a stranger approached us and told us our daughters had been murdered. We are not sure what to do now. We are on Government disability and we cannot afford a lawyer to represent us and the Government won't give us our information for a lawsuit against them. They won't let us post on certain forums anymore, not even Craigslist, they keep blocking our posts on there now. In 2008 an agent told us that the Canadian Craigslist servers were controled by the Harper Government. We were told they made a deal with Craig and that Buckmaster guy otherwise they would block them from Canada. Sounds strange to me. They won't let us post on The Globe And Mail website anymore either. Thanks for reading.
[ reply to this | link to this | view in thread ]
CANADIAN INTELLIGENCE
PRIVACY COMMISSIONER OF CANADA - JUSTICE DEPARTMENT OF CANADA
Michael Heroux said michaelheroux1967@gmail.com
http://michaelandingridheroux.wordpress.com
https://plus.google.com/109414 718225592332058/about
The Privacy Commissioner Of Canada finally got back to us after ignoring us for quite some time now. When we first contacted her office they wanted more specific information from us to prove to them that the 30-08 warrants Judge Richard Mosley issued were actually for us. We know they have the security clearance to find out and we know they know the warrants were for us but they keep saying prove it. We sent them the names of the first 2 agents they sent to investigate us in 2008 and they didn't even acknowledge the agents in any way. They didn't comment on the agents, they didn't ask questions about the agents or nothing. They are just ignoring anything we tell them even though they keep asking for more information. The first 2 agents they sent to investigate us in 2008 were our daughters. Our 2 daughters came back home to live with us in 2008 and told us they were working for Canadian Intelligence. They told us the agent that they were working for wanted them to set us up. It has got us worried. We don't know whether Canadian Intelligence is playing some sort of sick game with us but a stranger approached us out of the blue last year and told us our daughters have been murdered. We have not heard from our 2 daughters since they were sent back home to investigate us for Canadian Intelligence. All The Privacy Commissioner Of Canada is saying to us is prove it. They want us to name names of the Intelligence agents we met in 2008-2009 but they won't offer us any protection against further assasination attempts against my wife and kids and I even though they know about the previous attempts. We are still being monitored as I write this and we have reason to believe they are using foreign spies from their international coalition. The last thing The Privacy Commissioner Of Canada did was refer us to the recommendations that she made to Parliament on our behalf. The same thing is going on with The Justice Department Of Canada, all they want from us is more information to prove the 30-08 warrants were for us but even though they know about our daughters working as agents for Canadian Intelligence and they know about the poisonings and assasination attempts against us and they know the 30-08 warrants were for us all they are saying now is they don't have control over the 30-08 warrant information we are looking for against us and they are saying Canadian Intelligence has the information we are looking for. Both agencies have security clearance and they know everything but they are playing dumb but they still want us to name names of the agents we met between 2008-2009 and neither of them are willing to offer us protection against further assasination attemtps against us.
After our daughters left our home when they were done investigating us in 2008 many agents were contacting us in the beginning of 2009 offering us large sums of money if we left Canada for a while. We knew they were trying to get us to leave Canada but not until Judge Richard Mosley decision did we realize why. They were offering us luxury vacations in the sun and basically anything we wanted just to leave Canda for a while. Now we realize it was just a ploy to get their International Coalition involved, we probably would never have been heard from again. They also wanted us to bring our kids along. The good agents were warning us that our life was in danger and they were telling us to move back to British Columbia for our own safety. The local police force would escort us home late at night when we left the downtown area and we always wondered why we were so special. We decided to listen to the good agents and move back to British Columbia for our safety. Just as we were getting ready to move a few agents approached us and offered us $250,000 dollars if we stayed in Ontario. We couldn't believe it. But we left anyways. Thanks for reading.
[ reply to this | link to this | view in thread ]
Re: Re: Self-inflicted hardship
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
If they were willing to drop the cases rather than fill out paperwork,..
[ reply to this | link to this | view in thread ]
I kind see the RCMPs point on one thing
That is freaking awesome.
Canada stiffens the warrant requirements to get the info?
Seriously super cool.
However, I do kina see the point about the conflict in timing here.
If there us a legitimate cause for an investigation, and law enforcement legit satisfies the warrant requirements, it does seem like the information should then be able to be examined. It can't be if it no longer exists.
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
Re: If they were willing to drop the cases rather than fill out paperwork,..
"...that tells you that these cases weren't really important/necessary/legitimate."
Sigh...
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Which basically reads "loop hole" to those who have no respect for the individual
[ reply to this | link to this | view in thread ]
Re: CANADIAN INTELLIGENCE
-A fellow Canadian
[ reply to this | link to this | view in thread ]
Re: CANADIAN INTELLIGENCE
Again, drop the meth
-A fellow Canadian
[ reply to this | link to this | view in thread ]
Paperwork vital
Many officers will acknowledge that they resort to the quickest and simplest means of achieving their duties. The new "toys" now available such as drones (eliminates footwork), tasers (subdue at a distance no physical effort), overuse of helicopters & armoured vehicles (TAVs) for ONE suspect.
Officers use all of your talents from physical to mental to intellect to common sense in accomplishing your duties.
[ reply to this | link to this | view in thread ]
Re:
If you mean the trade deal with Europe, it influences a lot of things but not internets.
[ reply to this | link to this | view in thread ]
Re: I kind see the RCMPs point on one thing
Dont worry - they were given the usual special circumstances clause...
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Add Your Comment