COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL AND GOVERNMENTAL ISSUES: REVISITING What Do You Want The Internet To Be?

[David P. Dillard]

COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL AND GOVERNMENTAL ISSUES:
REVISITING What Do You Want The Internet To Be?

This post may be found in the Net-Gold archives at this URL:

From: "David P. Dillard" <jw...@temple.edu>
Date: Tue Mar 8, 2005 11:16 am
Subject: COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL AND
GOVERNMENTAL ISSUES: What Do You Want The Internet To Be?
<http://groups.yahoo.com/group/Net-Gold/message/4989>

This post was also sent to a digital library reference discussion group,
DIG_REF which has a public archives.


From: "David P. Dillard" <jw...@temple.edu>
Date: Tue Mar 8, 2005 6:16 am
Subject: [DIG_REF] COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL AND
GOVERNMENTAL ISSUES: What Do You Want The Internet To Be?
<http://finance.groups.yahoo.com/group/dig_ref/message/10852>


There was an immediate comment posted about this message in a subsequent
post that I am sharing with this group with the permission of the author
of these comments.


From: TerryRomaniuk <tjr1@U...>
Date: Tue Mar 8, 2005 11:51 am
Subject: Re: [DIG_REF] COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL
AND GOVERNMENTAL ISSUES: What Do You Want The Internet To Be?
<http://finance.groups.yahoo.com/group/dig_ref/message/10853>


>===== Original Message From Discussion of digital reference services
<DIG_REF@L...> =====

David the article you attached is more than misleading. I'm in a unique
position to comment. I'm both a part-time MLIS candidate, and a Presiding
Justice of the Peace - in Canada. The PJP position is apparently more
"judicial" in Canada than it is in the US. I consider and grant intrusive
warrants. The article fails to mention that a judge/justice of the peace
will have to grant the government agency a "wiretap" warrant to allow this
type of access. The standard for obtaining one of these warrants is
extraordinarily high. The police agency must prove that they have
exhausted every other means of obtaining evidence prior to making one of
these applications. These are not "TV" applications, and require many
hours of work by police officers, and more hours of judicial consideration
before they are granted (if at all). What the article does not say is that
the Internet industry has requested these measures, to both cover their
butts and to get policing agencies off of their backs.

>COUNTRIES: CANADA : INTERNET: LAW LEGAL POLITICAL AND GOVERNMENTAL
ISSUES: What Do You Want The Internet To Be?

>What Do You Want The Internet To Be?
>Michael Geist
>March 2005
>Appeared in the Toronto Star on March 7, 2005
><http://www.michaelgeist.ca/resc/html_bkup/mar72005.html>

<snip>

It was also suggested that I could attach these additional comments to the
message posted and here they are:

TerryRomaniuk <tj...@ualberta.ca>

Feel free to attach this to my previous reply. I've wondered about the
library community's reactions to the use of intrusive warrants. I can talk
about one Canadian judicial officer's view. I do a regular "intrusive
warrant" update for my fellow Justices of the Peace.

My experience is that the vast majority of any type of intrusive warrant
applications are a once a career event for most police officers (a
guesstimate would be 99% - the exception would be drug investigators).
Applications for "wiretap" type warrants are rare, because the standard
for granting them is so high. They run to hundreds of pages, and represent
thousands of hours of investigate work. We do not keep statistics. My
intuitive sense is that I deny between 60 and 70% of all of the
applications that appear before me.

This is the Canadian experience. We receive lifetime appointments (similar
to tenure). As a result we can ignore current political trends. We are not
subjected to a public investigation by politicians prior to our
appointments. Some of your judiciary is elected and may bring a distinct
political bent to their offices. That could influence their
decision-making.

-------------------------------------------

I do want to point out that resources, news stories, and editorials are
shared on this list without their necessarlily reflecting the views or
beliefs of the posters or members of Net-Gold people and indeed if
Net-Gold members ever got into one room, I am sure there would be many
divergent views shared by these people.

That being said, it is wonderful that Terry took the time to discuss the
issues raised in the original post and then agreed to let me share these
views and his discussion of the facts as he sees them. The only way to
learn is to read or hear diverse points of view on a topic.


Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jw...@astro.temple.edu
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