Canada's Spies Licensed to Watch foreign TV!

[CVU]

Quick, somebody tell BeVu so they can take them to court!

http://www.nationalpost.com/search/story.html?f=/stories/20020104/1031857.ht
ml&qs=satellite%20television

January 4, 2002

Canada's spies licensed to watch TV
Cabinet order

Tom Blackwell
National Post

Canadian spies have a new weapon in the intelligence wars: The legal
ability to decode and watch foreign-language television news and current affairs shows, described by the federal government as a critical source of security information.

A Cabinet order passed recently lets the Communications Security
Establishment buy decoders from foreign distributors and receive encrypted satellite feeds from various corners of the world.

Current telecommunications law had inadvertently banned it from doing so.

Giving the agency access to the television programs should help "prevent, detect and respond to existing and emerging national security threats," says the Cabinet order.

The local and regional television shows don't provide hard intelligence, but offer real-time context for what's happening throughout the world, said Barbara Gibbons, a spokeswoman for the establishment.

"It provides the same kind of thing that you would get here from CNN," she said yesterday.

"It can be of considerable use in providing insights and support. It's giving some good background information."

The top-secret CSE is charged in part with intercepting communications, from telephone calls to two-way radio conversations, and analyzing the information for possible intelligence. It used to be allowed to snoop only on foreign communications but controversial new anti-terrorism legislation would allow it to eavesdrop on Canadian calls as well.

Federal legislation banned anyone in Canada from decoding encrypted
satellite feeds unless they had received permission from a lawful
distributor doing business in this country. The law is designed to protect cable and satellite TV operators from people who use pirate decoding equipment to pull down satellite television feeds without paying for them.

But some of the TV feeds the security establishment wanted to monitor were
not available from local distributors, which meant the CSE could not
legally obtain them.

"Access to this [foreign] language programming is critical to the
identification and understanding of regional events and intelligence
targets and the capabilities, plans and actions of those targets," the
Cabinet order said.

Giving the agency access to the TV signals should aid in the government's
new plan for combatting terrorism, the document adds.

At least one regional TV station, the Al-Jazeera news network based in the
Persian Gulf state of Qatar, has provided ordinary viewers with a wealth of
information lately on the activities of Osama bin Laden and his al-Qaeda
terrorist movement.

Al-Jazeera obtained and broadcast interviews and other tapes of bin Laden
that were subsequently carried by Western TV stations.

[gunsmoke2]

Oh isn't that cute. The Government has a legitimite reason for watching foreign and US broadcasts - INFORMATION


But its not available from ExpressPuke.


So now Shiela Craps.. Tobin and alike are legally allowed to view the same channels that they say we cannot...


Can anyone find this cabinet order ? it would be very interesting to read what it says.


GS2

[steeve99]

Hey Gunsmoke
I think I found it. It was REALLY obscure. Was part of a very long document....

Steve

[steeve99]

Here it is guys:

Here's the document it came from (http://canada.gc.ca/gazette/part2/ascII/g2-13601_e.txt)

Later
Steve


RADIOCOMMUNICATION ACT Radiocommunication Act (Paragraph 9(1)(c)) Exemption Order (National Defence and Security) P.C. 2001-2351 13 December, 2001 Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 3(2) ( S.C. 1989, c. 17, s. 4) of the Radiocommunication Act ( S.C. 1989, c. 17, s. 2), hereby makes the annexed Radiocommunication Act (Paragraph 9(1)(c)) Exemption Order (National Defence and Security). RADIOCOMMUNICATION ACT (PARAGRAPH 9(1)(c)) EXEMPTION ORDER (NATIONAL DEFENCE AND SECURITY) EXEMPTION 1. Subject to section 2, Her Majesty in right of Canada is exempt from the application of paragraph 9(1)(c) of the Radiocommunication Act. CONDITIONS 2. The exemption under section 1 applies only if the encrypted subscription programming signal or encrypted network feed (a) is decoded for the purposes of national defence or security; and (b) is not available from a lawful distributor. COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Description This Order exempts, under certain conditions, Her Majesty in right of Canada, as represented by federal entities engaged in national defence and security from the operation of paragraph 9(1)(c) of the Radiocommunication Act with respect to encrypted programming signals or encrypted network feeds. The exemption applies only if the signals or feed are not available from a lawful distributor. The exemption order provides a way to address an unanticipated and problematic application of paragraph 9(1)(c) of the Radiocommunication Act. In 1991, the Radiocommunication Act was amended to harmonize it with the Broadcasting Act's provisions concerning subscription programming - specifically, encrypted satellite television signals - and to support Canadian broadcast policy. Paragraph 9(1)(c) of the Radiocommunication Act prohibits decoding encrypted subscription programming signals unless in accordance with an authorization from the lawful distributor of the signal. The lawful distributor is defined under the Radiocommunication Act as a person who has the lawful right in Canada to transmit and authorize the decoding of an encrypted programming signal or encrypted network feed. The Federal Court of Appeal has held that this prohibition is an absolute one which applies to signals emanating from lawful distributors as well as signals emanating from other distributors whether inside or outside Canada. That ruling has some support from the Alberta Court of Appeal. More recently, the British Columbia Court of Appeal and Ontario Court of Appeal have ruled that the prohibition only applies to signals emanating from lawful distributors. The Supreme Court of Canada has granted leave to appeal the decision of the British Columbia Court of Appeal. The ExpressVu v. Rex case is to be heard by the Supreme Court of Canada in December. Under the absolute prohibition interpretation, any decoding of an encrypted subscription programming signal done in Canada, without authorization from a lawful distributor is illegal under paragraph 9(1)(c). Federal entities such as the Communications Security Establishment (CSE) and the Canadian Security Intelligence Service (CSIS) which have mandates in the areas of national defence and security would make use of the order. For example, in meeting its mandated commitments, CSIS provides advance warning to government departments and agencies about activities which may reasonably be suspected of constituting threats to the country's security. The requirements of the CSE illustrate an appropriate use of the exemption order. The Communications Security Establishment is mandated to: acquire and provide foreign signals intelligence; provide advice, guidance and services to help ensure the protection of the Government of Canada electronic information and information infrastructures; and provide technical and operational assistance to federal law enforcement and security agencies. Encrypted programming, for example, of foreign-based regional news and current events provides real-time information and insights that are critical in supporting efforts to produce foreign intelligence in accordance with the intelligence priorities of the Government of Canada. Access to this native language programming is critical to the identification and understanding of regional events and intelligence targets and the capabilities, plans and actions of those targets. Not all encrypted programming containing information that would serve to support foreign intelligence is provided by an authorized distributor in Canada. Distributors in other jurisdictions, who have a lawful right to transmit the signal in their country, but who do not have a lawful right in Canada to transmit the signal, may have access to programming containing information that would support foreign intelligence gathering for the Government of Canada. Because these distributors are not "lawful distributors" within the meaning of the Radiocommunication Act, the Government of Canada cannot have access to that information. Moreover, Canada's allies have lawful distributors in their countries who can provide access to encrypted programming, which supports their foreign intelligence activities, that Canada cannot access. The use of the Order in Council exemption power of subsection 3(2) provides a means to address Canada's lack of access to this foreign programming, which will support Canada's foreign intelligence activities, where there is no "lawful distributor" in Canada. The exemption power would not apply in the event a lawful distributor in Canada can provide the same service. In such an event, the Communications Security Establishment would purchase the encrypted programming from the lawful distributor. The exemption applies when CSE decodes an encrypted subscription programming signal transmitted by a person other than a person who is a lawful distributor in Canada of the programming signal, where the signal is decoded to fulfil the mandate of CSE in respect to the acquisition and use of information for the purpose of providing foreign intelligence in accordance with the intelligence priorities of the Government of Canada. The use of the Order in Council exemption power of subsection 3(2) of the Radiocommunication Act provides a means to meet CSE's requirements. Under this power the Governor in Council may exempt Her Majesty in right of Canada as represented by a person or persons, from any or all of the provisions of the Act. This exemption order comes into force on the day on which it is registered. Alternatives Three alternatives were considered: keeping the status quo, amending the Radiocommunication Act, and making use of the Order in Council exemption power of subsection 3(2) of the Radiocommunication Act. Continuing with the existing practice unduly restricts CSE from accessing information in support of foreign intelligence activities that can be used by the government for strategic warning, policy formulation, decision-making and day-to-day assessment of foreign capabilities and intentions. Amending the Radiocommunication Act to address this situation was viewed as a long-term solution that may occur while addressing other related policy considerations under study. Using the Order in Council exemption power of subsection 3(2) of the Radiocommunication Act provides for the most timely and appropriate response to this situation. Benefits and Costs This exemption order, which addresses an unanticipated application of the Radiocommunication Act, provides an efficient means to meet CSE's requirements. The CSE will incur minor costs to acquire equipment and subscription fees. Other federal entities, such as CSIS, could derive similar benefits and incur comparable costs. The exemption order serves as a measure to strengthen Canada's ability to prevent, detect and respond to existing and emerging national security threats. Consultation Consultations were undertaken with the officials from the CSE and CSIS and the Department of Canadian Heritage. They recognize that this initiative supports the Government's anti-terrorism plan for protecting Canadians. Compliance and Enforcement The exemption order is required for compliance with Canadian laws and regulations. Contacts Mr. Peter Hill Acting Director Regulatory Policy and Planning Directorate Radiocommunications and Broadcasting Regulatory Branch Industry Canada 300 Slater Street Ottawa, Ontario K1A 0C8 Tel.: (613) 998-3768 FAX: (613) 993-4433 E-mail: hill.peter@ic.gc.ca Ms. Barbara Gibbons Director General Corporate Services Communications Security Establishment P.O. Box 9703 Terminal Ottawa, Ontario K1G 3Z4 Tel.: (613) 991-7246 Registration SOR/2002-17 13 December, 2001

[Zappa Crappa]

The CSE will incur minor costs to acquire equipment and subscription fees. Other federal entities, such as CSIS, could derive similar benefits and incur comparable costs.

Why not hire a hacker?

[To The Real King!!]

Hi guys,


What absolute horse s h i t. Like they would not decode it anyway if they needed to. This is just another way for the government to TRY to assert a view that opposes what judges across the country have already ruled. I am not sure who they are TRYING to address but one assumes its the justices of the supreme court.


I have never seen such outright rubbish and journalists stupid enough to fall for the ruse. Someone is giggling their heart out and I don’t blame them with how stupid the press is here.

However Issy Asper just bought this paper so we can expect to see it go liberal all the way now. They now control about 70% of the press in Canada an absolute outrage. I read both the National post and the Gazette daily but its a waste of time now. I think I will subscribe to a New York paper instead.

I guess the message here is that Canadians should stay in the dark.

This seems like an admission that the Canadian companies do NOT broadcast sufficient variety so the government gets special rights that citizens should not have, according to the liberals. Idiots and morons to think that the public do not need to know what is happening worldwide in 2002.

These people seem to have the brain power of a sick, well a sick LIBERAL. I personally would love to accompany these idiots to Somalia and leave them there. What POMPAS A S S HO L E S!!

I sure as hell hope that something can appear on the Political scene before the next election that can be voted for. Anything short of a very old CADAVER should express more intelligence than these turds.

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To The REAL King!!

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[CVU]

When you read this 'Exemption to the RCA', you are struck by the utter contempt of the Liberal Government in their attempt to control what you watch, and to take the ANNOUNCED purpose of the original legislation which was NOT to prohibit citizens from viewing foreign encrypted Satellite TV, and to corrupt the Act and completely turn it around to give the two Canadian small dish companies a monopoly in Satellite broadcasting. And then to bring in an exemption to the RCA for the weakest of reasons - that our spies need it! Nowhere in their attempt to justify their actions do we read a word about the statement of Flora MacDonald, the Minister responsible at the time of the introduction of the legislation by the Conservative government, or the Chair of the CRTC, that we encourage reception of foreign Satellite signals and, again, as they both stated, NOT to prohibit the same!

When you think of how this legislation started out, and all that has occured up to the present day, and with the case before the Supreme Court of Canada, one wonders at the unmitigated gall of those Liberals who have crafted this self-serving piece of absurdity! You can understand now the attitude of a Sheila Copps and others that would say: we don't care what the Supreme Court rules, we will change the law anyway.........and as an aside, this litle 'Exemption' is an example of how crafty they can be, and just wait, they WILL do more!

They cling to the contention that there is an absolute prohibition of reception of foreign Satellite signals, and only grudgingly acknowledge that two Superior Courts: Ontario and B.C., ruled it is NOT illegal - although they couldn't bring themselves to use the phrase: 'NOT illegal'. Nor did they mention that they LOST 17 court cases across Canada.

The Exemption seems more to be a reinforcement of their view that the RCA is an absolute prohibition, and that bringing out this 'Exemption' will SURELY be read and interpreted as since the RCA IS CORRECT, and therefore it is illegal to view foreign encrypted satellite signals, that is WHY we have done the proper and legal thing by passing this. Yeah, sure!

They are going to look pretty silly when the Supreme Court rules against them....and they will !

[gunsmoke2]

But this is for national security of Canada watching the cartoon channel.


WHAT HORSE KAKA



GS2

[Sgt_Stedenko]

Now why doesn't this surprise me?

[To The Real King!!]

Hi Sarge,

Why not? Because of this man, I suspect.

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A Happy, Healthy and Prosperous NEW YEAR to ALL!
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Thanks & Good Luck,

To The REAL King!!

Freedom has nothing to fear from the truth!
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http://www.legal-rights.org/images/lrbanner.gif
Now open with lots of useful resources at your disposal AT:
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[To The Real King!!]

Hi Sgt,

Why not? Because of this man, I suspect.

http://www.legal-rights.org/images/idiot.gifhttp://www.legal-rights.org/images/ttrk.gif
http://www.legal-rights.org/images/chretienpm.jpg

A Happy, Healthy and Prosperous NEW YEAR to ALL!
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Thanks & Good Luck,

To The REAL King!!

Freedom has nothing to fear from the truth!
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http://www.legal-rights.org/images/lrbanner.gif
Now open with lots of useful resources at your disposal AT:
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[icu819]

that's OUR government for you!!!!!!

[Sgt_Stedenko]

Why not? Because of this man, I suspect.

That pretty much sums it up. :(