The first is the middle section of an essay by Bruce Mau a Canadian Designer entitled the United States of Switzerland.

If you have other articles that help explain this let me know and I will grow the collection.

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1. Canadian Identity Crisis
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3. Harvard through Canadian Eyes

Before privacy laws or the Charter, there was little if anything to stop police or national security operatives from cajoling or coercing information from private sector organizations. A civic-minded government department or company could blab all it wanted about its customers or employees.

Our privacy laws changed this, although they didn’t really try to put a stop to it. In BC, our public sector privacy law gives public bodies discretion to disclose personal information for law enforcement purposes, without warrant, but there are (some would argue, weak) constraints on this. The same can be said for our private sector privacy law. Still, these laws, together with the Charter, have until recently insulated against over-enthusiastic private sector co-operation with all and sundry state inquiries. Is this still true? If it is, how long will this last?

After the 9/11 attacks, governments everywhere felt compelled to act, and to be seen to act. This was in an important sense responsible of government. It was also mandated by political Darwinism. But a profoundly important aspect of the post-9/11 changes is the blurring of lines between collection and use of personal information for law enforcement purposes under criminal and other penal laws and use for national security purposes. A defining characteristic of police states is the blurring of distinctions between law enforcement and national security functions, the danger being that the rule of law eventually gives way to arbitrary decision-making by law enforcement authorities and the rights of ordinary citizens lose meaning. Democracies depend on clear and effective rules suited to the state activities that the rules are intended to govern and that reflect the essential values of a free society.

In Canada, post-9/11 amendments to the Customs Act and regulations authorize officials to require private sector organizations to provide border officials with extensive advance information about arriving passengers. These changes expanded the federal government’s ability to use and share that information, not only for national security purposes, but also for ordinary law enforcement and other purposes, including (according to government statements in 2002) public health surveillance. The information-sharing authority includes a broad ability to share personal information about Canadians and others with foreign governments. The amendments don’t restrict information-sharing arrangements to national security uses they could easily include ordinary law enforcement or other purposes defined on a case-by-case basis or in an agreement with another nation.

Also, Public Safety Act amendments to the Aeronautics Act allow the RCMP Commissioner to require any air carrier or operator of an air reservation system to, for the purposes of transportation security, disclose specified information in its control to any person the Commissioner designates. Despite the Public Safety Act reference to transportation security, the amendments allow this data to be matched with other data and to be disclosed to assist in executing certain outstanding arrest warrants. This effectively compels the private sector to assist the state, in the absence of a warrant or court order, in surveillance of all air travellers for the broader general purposes of both national security and ordinary law enforcement.

Consistent with these powers to conscript the private sector into both national security and law enforcement activities, Public Safety Act amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) permit private sector organizations to collect personal information without an individual’s knowledge or consent in circumstances that amount to an invitation to, and in some cases compulsion of, the private sector to assist the state in surveillance for both general national security and ordinary law enforcement purposes.

The Public Safety Act also amended the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to authorize the Financial Transactions and Reports Analysis Centre of Canada to collect information it considers relevant to money laundering or financing of terrorist activities from publicly available information, including commercially available databases. FINTRAC is also authorized to obtain, under information-sharing agreements, information maintained by federal or provincial governments for law enforcement or national security reasons.

FINTRAC expanded powers point to the fact that, when it comes to co-opting the private sector, 9/11 can’t be blamed for everything. Laundering of dirty money was of sufficient concern before 9/11 to lead to extensive transaction-reporting requirements for banks and others. You can easily find other examples of legislative responses to individually pressing policy challenges that draft private sector organizations into state service in the name of public safety or order. One example is the current federal government lawful access proposals, some of which would apparently require ISPs to hand over at least identifying customer information and perhaps more on simple request by state officials, and for a pretty broad range of uses.

Also, at the local level, at least in BC, we see more and more local government bylaws compelling businesses to hand customer information over to police for a variety of reasons. Pawnshop reporting requirements have been around for a long time, but now were seeing bylaws requiring businesses to regularly give police information, without request, in a variety of situations (such as information who’s been buying pepper spray, hydroponic supplies or chemicals that could be used to make drugs and who’s been renting mailboxes at commercial mailbox centres).

And governments are now large purchasers of personal information from the private sector. So far this is being seen mostly in the US think of Total Information Awareness, MATRIX, Secure Flight and so on but to think that our own governments will ignore the expanding private sector trove of electronic personal information much longer.

As databases proliferate, become more comprehensive and become lifelong, it’ll be harder and harder to resist those who say that, since the information is out there, the state should be able to use it. Time and time again over the last six years I’ve been told by middle-aged, middle class Caucasian males that they have nothing to hide, so why should anyone else feel differently? Let the government have the information it needs to protect us, they say.

Now, I don’t doubt the good faith of BC’s police agencies not for a minute. But, thinking thirty or fifty years down the road to a time when the lines between national security and law enforcement have blurred to vanishing, will there be any meaningful rules? If not, will our belief in the good faith of state officials, set adrift without guiding rules, be enough to sustain our privacy and other rights?

Related posts:

1. MS/HP – National Identity System Kim does it Follow the Laws?
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He wonders about how we manage to pull off the Semantic Social Network. It seems that a key element is functional digital identity for people. I extracted some highlights for you all:

(pssst – he works for the National Research Council of Canada so we might talk with him about XRI/XDI/IC.)

Now my field of study is online learning. That’s where my expertise lies, and I actually don’t really know very much about social networks or blogs or things like that. In online learning… learning – schools, universities – they’re almost the prototypical communities, aren’t they? You gather all these people into one place, you organize them into classes, you get a bunch of subjects together, you slice and dice the range of knowledge that people are supposed to have in order to become productive and obedient members of society.

….

But community as networks of semantic relations, that’s where the connections between members of the community are based on the meaning of those members or of the entities in the network. In other words, in order to create community, rather than a power law, we don’t simply pick the most popular or the most available, we pick the most salient connection.

Well. What does that mean? How does something become the most salient connection? Well we need to analyze, or look at, at least for a moment, what a post means. Or what anything means. What a resource means. Now I say that, I’m saying, what does this post, or this person, or this resource, say about the world?

….

How do you know the meaning of a word? You look at how people use it, you look at the context, you look at who uses it, where they use it, what the environment is in which it has been used, what other words are around it, and if you define meaning in that way, then the meaning of a word can’t be stated as a set of necessary and sufficient conditions. It becomes something very different, something that Wittgenstein called ‘family resemblances’. Now I was looking at the word ‘community’ and looking for definitions of community, one of the posts, or one of the definitions that I read was, “Well, community is like pornography. I don’t know what it is but I recognize it when I see it.” And it’s that sort of sense of meaning inherent in a word, in a post, and indeed, in a person.

Two ways of looking at the world.

Because there are two ways of looking at the world. One way is to look at the world from the point of view of words. And you try to describe things. Another way of looking at the world is to look at the patterns. And try to see what emerges out of them. If you look at the diagram there, that little messy bit of lines and dots is a concept. Could be any concept, could be a blog post, could be the word ‘Paris’, could be your self-identity. Now if you use words, you cut through that cluster like a knife and you get a one-dimensional partial representation, you get an abstraction, but if you look at it from the point of view of patterns, then the meaning of that concept emerges from that cluster of entities and relations.

….

Future learning environments place the individual at the centre – that’s where it says ‘Future VLE’ – and a range of resources that they bring in, or that they aggregate, from a wide variety of different sources. Notice he has 43 Things on there. That actually places that diagram at a precise moment in history. And if you look at community in this picture, then you’re able to draw out a theory of community, where a community is defined by three major components. First, as a means of organizing input and experience. Second, as a means of putting that experience into context. What does it mean to you here now? And then third, and very importantly, as a means of taking what you’ve done, what you’ve remixed, what you’re repurposed, and putting it out there so it can become part of someone else’s meaning. Just imagine how the copyright barons look at this model of organization, right? Community is antithetical to copyright, and conversely.

The idea here is that the community is defined as the relations between the members where the relations have semantical value, where that semantical value is defined by the relations. And I know it sounds like bootstrapping, but we’ve been doing that throughout history. People exist in relations to other people, to things, to resources, even to spaces.

So how do we pull this off? We can’t just blast four million blogs, eight quadrillion blog posts, out there, and hope Technorati will do the job, because Technorati won’t do the job, because Technorati represents the whole four million things and I’m not interested in three million nine hundred and ninety-nine of those. What has to happen is this mass of posts has to self-organize in some way. Which means there has to be a process of filtering. But filtering that is not just random. And filtering that isn’t like spam blocking. Filtering has to be a mechanism of determining what it is we want, because it’s a lot easier to determine what we want than what we don’t want.

…

My contention is that instead of the spike-based power-law-based Instapundit-based network, that when we get something like the semantic social network, and we will get something like the semantic social network, because it’s very simple to do, patterns of organization will be created. In the field of neural networks and connectionism they tyem ‘clusters’, you get a cluster phenomenon where we’re not creating communities around a specific word, or specific concept, but the community itself emerges as being created by and defined as that particularly dense set of connections.

Related posts:

1. Social network suicide a possible response to these Yahoo! plans.
2. On Openness and the Open Social Network
3. Social Network Stack proposed by Phil

Reported by Abject Learning in May:

What did we propose to do? Nothing less than creating and sharing a framework for social software applications for BC’s higher education institutions. In less grandiose terms, we have proposed to create a set of policy recommendations, tutorials, templates, and multimedia resources that can be reused by a school that wants to support weblogging and wiki use (and possibly other social software tools) for its own community. We also hope to foster a community-centered model for sharing expertise amongst practitioners attempting to develop their own projects.

We intend the project to be platform-agnostic: we will definitely be using Movable Type and Drupal, but do our best to ensure that resources we create are not tied in with any one system. If possible, we might partner with mini-projects using tools such as WordPress, ELGG, or even Blogger.

It seems like it would be a lot easier for students if they could use a single log-in I-name across different institutions and schools.

Related posts:

1. Community Blogging -> Semantic Social Network
2. Identity and Gaming

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