[GTALUG] [OT] Phishing is no mirage...

[Alvin Starr]

This whole discussion is getting way into the weeds.

The point I was originally trying to make was about the crappy job the 
corporations we need to depend on are doing in keeping our information 
secure.



On 12/18/19 9:24 PM, Russell Reiter via talk wrote:
> On Wed, Dec 18, 2019 at 4:51 PM D. Hugh Redelmeier via talk 
> <talk at gtalug.org <mailto:talk at gtalug.org>> wrote:
>
>     | From: Russell Reiter via talk <talk at gtalug.org
>     <mailto:talk at gtalug.org>>
>
>     | I agree that many newcomers face significant barriers through a
>     lack of
>     | understanding of Canada's system of administrative law and the
>     policies
>     | which underpin it. However, as much we would like to believe law
>     concerns
>     | itself with vulnerable folks, that is not quite correct
>
>     Do you mean "administrative law"?  That too is a technical term.  It
>     refers to "the body of law that governs the activities of
>     administrative agencies of government."
>
>     <https://en.wikipedia.org/wiki/Administrative_law>
>
>
> Technically speaking, every term used in English communications is a 
> technical term. In fact English is dubbed the language of the 
> technocrats by some others. What I was attempting to address was the 
> concept of victim blaming, as the issue was raised in a couple of posts.
>
> There are two basic branches of Law, Public and Private. Newcomers 
> first contact with Canada is usually through an administrative agency 
> which vetted their candidate application. Then they become landed and 
> are expected to be able to function within the norms of Canadian law, 
> both public and private, even as while they familiarize themselves 
> with living under the Canadian system of established social norms.
>
> In this system, ignorance of the law is not a defence to an outright 
> breach of the law, however can be a mitigating factor in determining 
> cause and effect, when it is necessary for a decider to make a 
> determination of remedy for a breach of the law, as that law may be 
> administrated under a Tribunal cluster regime dealing with social and 
> other public justice issues.
>
> Ideally the Tribunal system allows for individual regions to set the 
> tone of remedy for equitable breaches which are not criminal but have 
> significant detrimental social (not necessarily financial) effect if 
> unchecked. Tribunals and boards are touted as informal resolution 
> services. This is supposed to spare the parties and the State the 
> burden of the very high costs of court time in settlement. Not to say 
> that Tribunals don't have significant cost in their own right, but 
> they are much less than formal court proceedings.
>
> Private law deals with formal financial remedies for unlawful breaches 
> of mutually agreed upon contract terms under privity of contract.
>
> The CRTC is one established administrative authority of government and 
> actually does govern cellular communications licensing as a trust issue.
>
> I'd like to be clear on this, although it's only my personal opinion, 
> any monies collected in advance and held by a business owner 
> establishes a formal trust. Certain things have come to pass due to 
> the practices of phone services bundling hardware provision with 
> service provision.
>
> In the land-line days, prior to WiFi mobile  cellular, the courts 
> forced phone companies to allow consumers to actually be able to 
> purchase their own home phones and even to hook them up inside their 
> homes themselves, as opposed to only renting them from the services 
> provider and having only the providers technicians inspect and repair 
> them.
>
> More recently cellular companies were forced to allow carrier 
> unlocking. This is why the CRTC now want's consumer input on moving 
> forward with establishing effective future regulations. Even on this 
> list the right to repair is a topical issue, so administrative law is 
> always a factor, whether it is immediately obvious or not.
>
> From the CRTC webpage ...
>
> "What is the CRTC?
>
> The Canadian Radio-television and Telecommunications Commission (CRTC) 
> was created by the Parliament of Canada to regulate and supervise 
> broadcasting and telecommunications in Canada. This includes the 
> radio, television, cell phone, and Internet services that you and 
> other Canadians rely on every day. With headquarters in the National 
> Capital Region, the CRTC reports to Parliament through the Minister of 
> Canadian Heritage."
>
> https://crtc.gc.ca/eng/acrtc/acrtc.htm
>
>
>     I happened to read this today:
>     <https://www.theglobeandmail.c
>     <https://www.theglobeandmail.com/canada/article-supreme-court-ruling-could-quell-chaos-surrounding-administrative-law/>>
>
>     I think that you were talking about law in general. Administrative
>     law only matters when you want to challenge government administrative
>     decisions.
>
> Interesting. Here is an article on the debate relating to standards of 
> Judicial review of legal decisions made by both administrative 
> Tribunals and the Courts of Justice.
>
> https://ablawg.ca/2018/07/23/the-great-divide-on-standard-of-review-in-canadian-administrative-law/
>
> In Ontario some of the other administrative Tribunal bodies include 
> the Ontario Human Rights Tribunal and the Landlord Tenant Board. Both 
> of these administrative agencies and many others were recently 
> clustered under a new umbrella name as Tribunals Ontario,
>
> A great deal of Canadians day to day business is dealt with by 
> administrative Tribunals, but I don't think even the Supreme Court 
> couldn't help you with a remedy, if you were expected to understand 
> it's not wise to share your personal SIN under certain circumstances 
> and you did so anyway.
>
> The problems newcomers face such as language and financial barriers 
> are somewhat alleviated by the creation of Non Government 
> Organizations as settlement agencies. But the demand on training and 
> information services is high, the costs of service delivery are rising 
> and there is a significant shortage of funding to be able to engage 
> enough skilled individuals to act in counselling, training and 
> educational roles.
>
> I always think back to the writers A & H Toffler and their original 
> work Future Shock when I sense that language use is changing too 
> rapidly for me to fully grasp the subtle and contextual nuances of 
> that changing language as it is used in communications, legal or other.
>
> https://en.wikipedia.org/wiki/Future_Shock
>
>
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> --
> Russell
>
>
>
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-- 
Alvin Starr                   ||   land:  (647)478-6285
Netvel Inc.                   ||   Cell:  (416)806-0133
alvin at netvel.net              ||

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