Is Cloud Computing "Careless" Computing?

A warning about cloud computing and the Chrome operating system from Richard Stallman, founder of the Free Software Foundation and creator of the operating system GNU:

ChromeOS looks like a plan "to push people into careless computing" by forcing them to store their data in the cloud rather than on machines directly under their control, warns Richard Stallman, founder of the Free Software Foundation and creator of the operating system GNU

...The risks include loss of legal rights to data if it is stored on a company's machine's rather than your own, Stallman points out: "In the US, you even lose legal rights if you store your data in a company's machines instead of your own. The police need to present you with a search warrant to get your data from you; but if they are stored in a company's server, the police can get it without showing you anything. They may not even have to give the company a search warrant."

...But Stallman is unimpressed. "I think that marketers like "cloud computing" because it is devoid of substantive meaning. The term's meaning is not substance, it's an attitude: 'Let any Tom, Dick and Harry hold your data, let any Tom, Dick and Harry do your computing for you (and control it).' Perhaps the term 'careless computing' would suit it better."

He sees a creeping problem: "I suppose many people will continue moving towards careless computing, because there's a sucker born every minute. The US government may try to encourage people to place their data where the US government can seize it without showing them a search warrant, rather than in their own property. However, as long as enough of us continue keeping our data under our own control, we can still do so. And we had better do so, or the option may disappear."

(Via Guardian)

- Garry J. Wise, Toronto

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Superior Court Judge on CSIS: A 'Total Willingness to Abrogate and Violate' Charter

Ontario Superior Court Justice Jane Kelly, chastizing the Canadian Security Intelligence Service (CSIS), and rejecting evidence the agency acquired through an unlawful laptop search and seizure:

“The very people that are tasked by the federal government to oversee and safeguard Canada’s national security are themselves acting in a manner that suggests either a complete lack of comprehension of our Charter rights or else, they demonstrate a total willingness to abrogate and violate these same principles.”

- Garry J. Wise, Toronto

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Canadian Airport Security Checks and the Charter

An informative discussion at Toronto Defence Lawyers Blog on security checks at Canadian intenational airports:

There is no place on Canadian soil where individuals have less constitutional protection than at an international airport. The government and the courts have determined that overriding concerns for effective law enforcement, security, and national sovereignty are more important than the protection of Charter rights in the airport context.

Section 1 of the Charter allows the government to limit Charter rights as much as is reasonably justified in a free and democratic society. For all intents and purposes, the court has ruled that it is reasonably justifiable to limit Charter rights against search and seizures to facilitate customs and security at an international airport. This limitation of freedom applies only in the context of international flights. When you are flying domestically, Charter rights apply to you the same way as they do anywhere else in the country. However, when you are flying between countries, the protection afforded by the Charter is severely limited.

Reads the balance of the article: Airport Security

- Garry J. Wise, Toronto

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TVO's Steve Paiken on G20 Police Action

"It was a sad, bloody day, I'll tell you that much."

From TRNN.com, TVO's Steve Paiken describes events on the ground at last weekend's Toronto G20 summit:

(via Law is Cool)

- Garry J. Wise, Toronto

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G20 Security: What Side of the Fence Are You On?

For G20 summit delegations, Toronto, thankfully, remains a safe haven.

Outside the security perimeter, however, for the downtown business operators, peaceful demonstrators, residents and passers-by who have the misfortune of being in the wrong place at the wrong time...

Not so much.

It was all so predictable and so avoidable.

As CBC News is now reporting, many of the damaged and vandalized Toronto small businesses will be denied insurance coverage for their losses. The clamour for government compensation has already begun.

Needless to say, the wrongfully and needlessly-arrested will be left holding the bag for the costs of defending themselves in the courts.

On that note, TVO's Steve Paiken has emerged as the go-to journalist for live, on-the-street coverage. Last night he wrote:

i saw police brutality tonight. it was unnecessary. they asked me to leave the site or they would arrest me. i told them i was dong my job...

i have lived in toronto for 32 years. have never seen a day like this. shame on the vandals.... and shame on those that ordered peaceful protesters attacked and arrested. that is not consistent with democracy in toronto, G20 or no G20

Mr. Paiken's Twitter stream is here.

- Garry J. Wise, Toronto

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The 'Israelification' of Airports

The Toronto Star contrasts Israeli and North American airport security:

"Do you know why Israelis are so calm? We have brutal terror attacks on our civilians and still, life in Israel is pretty good. The reason is that people trust their defence forces, their police, their response teams and the security agencies. They know they're doing a good job. You can't say the same thing about Americans and Canadians. They don't trust anybody," Sela said. "But they say, 'So far, so good'. Then if something happens, all hell breaks loose and you've spent eight hours in an airport. Which is ridiculous. Not justifiable.

- Garry J. Wise, Toronto

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Twitter, Facebook Attack Targeted Single User

Quite amazingly, much of the world's social media infrastructure was brought to its knees Thursday by a denial of service attack that was aimed at silencing one Georgian blogger.

CNET News reports:

A Georgian blogger with accounts on Twitter, Facebook, LiveJournal and Google's Blogger and YouTube was targeted in a denial of service attack that led to the site-wide outage at Twitter and problems at the other sites on Thursday, according to a Facebook executive.

The blogger, who uses the account name "Cyxymu," (the name of a town in the Republic of Georgia) had accounts on all of the different sites that were attacked at the same time, Max Kelly, chief security officer at Facebook, told CNET News.

"It was a simultaneous attack across a number of properties targeting him to keep his voice from being heard," Kelly said. "We're actively investigating the source of the attacks and we hope to be able to find out the individuals involved in the back end and to take action against them if we can."

As Jordan Furlong has noted on Facebook, it is hardly reassuring to see the fragilities of our online infrastructure so nakedly exposed:

There's a happy thought -- Russian nationalists sticking it to a Georgian blogger can take down half the social networks worldwide.

- Garry J. Wise, Toronto

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Quoteworthy

Law Society of Upper Canada bencher Robert Aaron, on new U.S. border regulations that allow search and seizure of electronic devices that may contain solicitor-client privileged materials:

A newly announced policy of the United States Department of Homeland Security presents a significant threat to the solicitor-client confidentiality to which Canadians are entitled.

The threat arises when a Canadian lawyer travels to the United States with his or her laptop computer, cellphone, BlackBerry, flash drive, or any other written or recorded information or client files — even if the lawyer is only on holiday. The same threat occurs when a client travels across the border in possession of similar communications to or from his or her lawyer.

...My intuition tells me that the contents of my laptop and BlackBerry are better shielded from prying government eyes when I take it to communist Cuba than when I drive across the border to Buffalo.

- Garry J. Wise, Toronto

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Entering the U.S. with Your Children - Travel Information for Parents

We are often asked by parents who intend to travel with their children about new requirements at the US-Canada border.

According to Passport Canada, as of January 23, 2007, all Canadians entering the United States by air must have a valid passport. Canadians who enter the United States by land or sea can continue to use such documents as a birth certificates and drivers' licenses for at least another year.

The following are some of the essentials recommended by the Canada Services Border Agency and The United States Customs and Border Protection Office to help avoid delays or complications at the border when traveling with children after a separation. These requirements may also be applicable, absent a separation, where only one parent travels with a child.

Notarized Letter of Permission

A notarized Letter of Permission is required by the United States Customs and Border Protection Office (and recommended by the Canada Border Service Agency) to evidence entitlement to travel with a child.

In addition to including specific travel permissions, the letter must also include complete contact information for all parents or legal guardians, so that Customs officials can contact the non-travelling parent to verify or confirm any information.

The following is a sample Letter of Permission, provided for example purposes only. It will, of course, require appropriate modification to fit any individual circumstance:

.....................................

LETTER OF PERMISSION TO TRAVEL

I, ______________, am the lawful custodial parent of

______________ (Child's full name), born ____________ (DD/MM/YY) at ______________ (Place of birth).

The Child's Passport information is as follows:

Passport number: _________________

Date of issuance of passport: __________________ (DD/MM/YY)

Place of issuance of passport: __________________.

______________________ (Name of Person travelling with child) has my permission to travel with the said Child(ren) to visit:

________________ (Place of visit) via ______________ (any stopovers) during the period commencing ______________ (Start travel date) and returning on _____________ (End travel date).

During that period the child(ren) will be residing with:

_______________________ (Name of person travelling with child)
_______________________ (Address)
_______________________
_______________________ Telephone (h)
_______________________ Telephone (w)
_______________________ Fax/Email Address

Any questions regarding this permission letter can be directed to the undersigned at:

_______________________ (Custodial Parent's Name)
_______________________ (Address)
_______________________
_______________________ Telephone (h)
_______________________ Telephone (w)
_______________________ Fax/Email Address

____________________ (date) _____________________

Signature of Custodial Parent

(notarized)

..................................

The Letter of Permission must be notarized by a lawyer or other notary public.

It is recommended that your lawyer assist you in drafting a Letter of Permission for your particular circumstances. We also recommend that appropriate border authorities be contacted in advance of your travel dates to verify requirements, as these do change from time to time.

Other Documents

In addition to the Letter of Permission, the Canada Border Services Agency further recommends that parents carry the following documentation when travelling with children:

• Copies of any legal custody documents (custody order, separation agreement, etc.)
• Child's Birth certificate
• Child's passport, visas and other immigration documents
• If no other identification documents are available, a letter from your doctor or the hospital where the child was born, stating that you are the children's parent.

When traveling with a group of vehicles, the parent and child should travel in the same vehicle when arriving at the border.

Applying for a Canadian Passport for children under the age of 16

In cases of separation or divorce, only custodial parents may apply for passports on behalf of their children. Where a joint custody arrangement exists, either parent may apply for the children's passport, but both parents must sign the application.

During this application process, Passport Canada requires that you provide the following:

• all legal documents that refer to custody, the mobility of, or access to the child
• the divorce order or judgment, if a divorce has been granted

More information on obtaining a passport for a child is available from Passport-Canada here. The Canadian Passport Application form for children under 16 may be downloaded here.

Up-to-date information regarding U.S. Customs and Border requirements can be found here from the US. Department of Homeland Security (DHS). Specific U.S. DHS information on travel with children is here.

- Annie Kenet and Garry J. Wise, Toronto

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E.U. Air Passengers: Email Messages and Credit Card Records to be Scrutinized by U.S.?

The U.K's Telegraph reports on an agreement between the U.S. and the E.U. to permit American authorities to scrutinize air travellers' credit card records and email messages:

Britons flying to America could have their credit card and email accounts inspected by the United States authorities following a deal struck by Brussels and Washington.

By using a credit card to book a flight, passengers face having other transactions on the card inspected by the American authorities. Providing an email address to an airline could also lead to scrutiny of other messages sent or received on that account.

The extent of the demands were disclosed in "undertakings" given by the US Department of Homeland Security to the European Union and published by the Department for Transport after a Freedom of Information request.

About four million Britons travel to America each year and the released document shows that the US has demanded access to far more data than previously realised.

Not only will such material be available when combating terrorism but the Americans have asserted the right to the same information when dealing with other serious crimes.

Shami Chakrabarti, the director of the human rights group Liberty, expressed horror at the extent of the information made available. "It is a complete handover of the rights of people travelling to the United States," she said.

Happy 2007. Is even the pretense of respect for privacy rights now a thing of the past?

- Garry J. Wise, Toronto

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