I've been in a somewhat heated discussion about this bill with someone, but it was a rational discussion and it led us to finding things out for ourselves as opposed to what the media is reporting. I read all of sections 1-39 (the stuff that deals with what they can / can't do, what's required for what, etc.) and in my opinion there's a few things that need to be looked at but for the most part it's a lot of fear-mongering by the media and a lot of hippies crying wolf.
Here is the bill
http://www.documentcloud.org/documents/292611-bill-c-30.htmlSo, a couple observations (these are all according to my interpretation of what I have read):
1. In order for the police to get your name/address/number/email/IP Address, it has to be a part of a criminal investigation. In other words, if you are caught associating online with someone that they are currently investigating, they can get this information. Doesn't sound much different than if your name comes up during any other criminal investigation does it? They can't access anything, but they can come to your door and ask to speak with you. If you knew someone who was murdered or being investigated for homocide, this is probably what would happen.
2. There is a lot of talk in the media about whether or not they can use that information to profile you / track your movements. The bill specifically says that they are only allowed to use that information for the purpose of the specific criminal investigation it was requested for. However, there needs to be more discussion on this IMO. If that information *can* be used to profile / track someone, there needs to be specific safeguards to make sure that they don't (not one line written into the bill that says they can't, that's not enough).
3. I encourage you all to read Section 17 (well I encourage everyone to read the whole thing), the one that Mr. Toews said he "was not aware of." Under Section 17, the "exceptional circumstances" that allow any police officer to request the above information, without a warrant, are basically the same kind of protocol that a police officer can search you / your vehicle without a warrant when he pulls you over for speeding.
That officer is required to give his name / badge number to the ISP when making the request. The ISP is then obligated to contact one of his bosses, who is then responsible for ensuring that the member did in fact have "reasonable grounds" to get this info without a warrant.
All of this stuff is of course documented and reported in a formal way. The RCMP and CSIS (and that Competition one) are required to conduct internal audits on an annual basis of all of these instances, and report to the minister. The Privacy Commissioner is also allowed to conduct her own audit at her request.
4. They cannot access any of your communication, web browser history, etc. without a warrant.
5. Section 34 is what concerns me the most. It gives
bureaucrats way too much "inspecting" power, including the ability to access your stuff (browser history, emails, etc) and make copies of it,
without a warrant, all for the purpose of making sure the ISPs are holding up their end of the bargain.
As for the stuff comparing this to the gun registry, they are not even close. Bureaucrats have the power to have the police seize your property at a whim, with no judicial or parliamentary oversight, without compensation, basically because they feel like it (don't believe me? go ask the owners of a certain .22 calibre rifle right now)... a complete violation of the Charter. I am getting posted (restricted) on May 9th, and I am still trying to figure out what the hell I can legally do with my restricted firearm. The only help from the RCMP is they are telling me to transfer the ownership to someone else with a restricted-PAL. That's bullshit, why should have to give away my property just because they came up with this stupid system and don't have a method in place to deal with my circumstances?
When you've got to go get an Authorization to Transport every time you want to leave your house with your laptop or cell phone, then come to talk to me about invasion of privacy. Owners of restricted weapons are lucky they can sneeze without some sort of permit or license.
EDIT: Oh yes, and "if you're not doing anything wrong, you have nothing to worry about" is a terrible argument. The Charter guarantees us (minus firearm owners, of course) the right against unreasonable search and seizure for a very, very valid reason. Sorry to bring it back to the Nazi regime, but a lot of the Jews thought that as long as they were compliant, they would have nothing to worry about...