[governance] FW: TP: city government exercising policy on Google Applications / consumer rights / Consumer Protection Act / trial period

Kerry Brown kerry at kdbsystems.com
Thu Jul 14 17:57:25 EDT 2011


Thank you. I'm lazy and was having a hard time with some of the legalese
in the document. I'm not happy about what is happening in the EU but it is
more palatable then what is happening in Canada.

Kerry Brown

On 11-07-14 9:34 AM, "Roland Perry" <roland at internetpolicyagency.com>
wrote:

>In message 
><A0615421071EDD4A9F851117D67D538A07B75415 at EXCH01.KDBSystems.local>, at
>15:42:18 on Thu, 14 Jul 2011, Kerry Brown <kerry at kdbsystems.com> writes
>>I'm not a lawyer and struggle with some of the terms in the linked
>>document. Do the governments have free access to the retained data or
>>is there some kind of court oversight in how the data is accessed?
>
>That depends on the country, and some do allow law enforcement to access
>data without the involvement of a court [order].
>
>But Law Enforcement access has (in any event) to also comply with the
>European Human Rights law, which would forbid them doing it without what
>the USA-ians call "probable cause", and without infringing
>proportionality. These would outlaw fishing expeditions.
>
>>As long as there is court oversight involved I am not against law
>>enforcement agencies getting access to this kind of data.
>
>In the UK (for example), the rules are encapsulated in various very
>lengthy "Codes of Practice" which are published and which the
>communications industry insists are followed. If they get requests they
>believe are outside of that, they'll simply refuse to co-operate.
>
>The governmental oversight is by a Commissioner who does regular bulk
>post-hoc inspections of the process conducted by the various law
>enforcement agencies empowered to ask for disclosure (which isn't all of
>them).
>
>Individuals can also bring complaints to the Commissioners, and some of
>them are even upheld (against poorly trained agencies normally).
>
>>The proposed Canadian legislation does not provide for any court
>>oversight. Any law enforcement agency can request to access the data
>>without giving a reason why or justifying the request in any way. Law
>>enforcement agencies will be free to use this data for fishing
>>expeditions.
>>
>>Kerry Brown
>>
>>> -----Original Message-----
>>> From: governance at lists.cpsr.org [mailto:governance at lists.cpsr.org] On
>>> Behalf Of Roland Perry
>>> Sent: July-14-11 2:24 AM
>>> To: governance at lists.cpsr.org
>>> Subject: Re: [governance] FW: TP: city government exercising policy on
>>> Google Applications / consumer rights / Consumer Protection Act / trial
>>> period
>>>
>>> In message <4E1EA33C.10500 at digsys.bg>, at 11:05:16 on Thu, 14 Jul 2011,
>>> Daniel Kalchev <daniel at digsys.bg> writes
>>> >PPS: By the way, law like that requiring ISPs to keep record of their
>>> >customers Internet usage and provide access to that data to Government
>>> >has passed already in Bulgaria.
>>>
>>> It's the law in Europe:
>>>
>>> http://eur-
>>> lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0225:FIN:EN:PDF
>>>
>>>         "The Data Retention Directive requires Member States to oblige
>>>         providers of publically available electronic communications
>>>services or
>>>         of public communications networks to retain traffic and
>>>location data
>>>         for between six months and two years for the purpose of the
>>>         investigation, detection and prosecution of serious crime."
>>> etc
>
>-- 
>Roland Perry
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