Note for those who don't know: I live in Canada. Our Public Safety Minister, Peter Van Loan, and the Conservative government he works for are attempting to grant access to private information - web browsing history, name, address, etc. - to law enforcement without warrants.
What expectation of privacy do I have on the Internet? I publish a lot of personal information, but if I chose not to reveal my real name, location, or address; or if I chose to use a service like
TOR to mask my IP address as I navigated the WWW or to allow other people to use my connection to the Internet to circumvent some of the dangers inherent in communicating electronically under oppressive regimes, should law enforcement be allowed to use the IP address from which I posted this blog to find my true name and address?
Anonymity is sometimes an important thing. In some instances, anonymity grants witnesses in criminal cases protection from retaliation by gang members or organized crime. The ability of reporters to protect the identity of their sources under certain circumstances is widely recognized as vital to ensuring the freedom of the press and the quality of information made available to the public. And the home address of someone who is critical of police actions and posts anonymously for fear of retaliation is something that that person would quite reasonably not publish.
The government is trotting out the bogeymen of fraud and child pornography to panic the public into accepting that this access is required for law enforcement to do its job. Such arguments are hard to counter; no one wants to be defrauded, and no one favours endangering children. However, blanket prohibitions or restrictions on anonymity are not the way to deal with these issues.
People who understand the way technology works are finally sitting in the seats of power. They understand that most people don't mask their IP address, and that an IP address can be traced to a single person's connection to the Internet. They understand that they can trace what you say, where you live, and what you surf.
If this kind of restriction comes into effect, you will have to constantly wonder whether what you say is being recorded. You'll have no way of knowing; your information can be given to the police with no warrant and for any reason. Will you be willing to criticize your legislative representative knowing that they might lean on the cops to find something you've done wrong? Will you be willing to point out lazy or ineffectual police behaviour or abuses of power knowing that your already-difficult struggle might be made more difficult when a constable comes to your door to ask you why you just posted something about their extra-long break last night?
Will you feel safe speaking out if being different might mean that you wind up on a list of people who are constantly being watched even if no warrant or cause is given? Or will you be silent forever, even when your conscience should require that you speak up?
