REVIVE 2005 BILL, TORIES ARE URGED
Lack of power limits investigations, they say
In November 2005, the former Liberal government introduced the Modernization of Investigative Techniques Act, which would have made it easier for law-enforcement agencies to intercept Internet and wireless communications.
The “lawful access” law, as it was better known, also would have compelled telecommunications service providers, such as Bell Canada and Rogers Communications, to disclose the name and address of subscribers to authorities on request. The bill didn’t pass before the last election.
However, Prime Minister Stephen Harper’s government has promised to revive it, and documents obtained by CanWest under the Access to Information Act confirm Justice Department officials and other departments have been laying the groundwork.
Police and the Canadian Security Intelligence Service can already seek authority to wiretap private communications through the Criminal Code, the CSIS Act and other laws.
But the laws were written before the emergence of the Internet and wireless technologies such as mobile phones and, in many cases, the industry hasn’t developed the technology to intercept such communications.
The lawful access bill would have effectively forced companies to build intercept capabilities into their networks.
Police have also been lobbying for greater powers to extract personal subscriber information from service providers.
“A lack of legislation to obtain (customer names and addresses) has already had serious consequences for investigations and victims,” the RCMP stated in a briefing note last September.
The note, prepared prior to a briefing for Public Safety Minister Stockwell Day, argues obtaining subscriber information is essential not only to cybercrime investigations, but even general, “non-investigative” police duties.
At present, authorities must seek a court warrant before asking ISPs to cough up personal information. Under the lawful access bill, they would not have to seek judicial approval.
Service providers are sometimes reluctant to disclose personal information because they fear being sued by their customers, the note adds.
But removing judicial oversight over how police obtain personal information increases the risk that people’s privacy will be abused, said Michael Geist, a technology-law expert at the University of Ottawa. “If you’re going to do more than pay lip service to the checks and balances between privacy and security, there has to be some level of third-party oversight.”
A spokeswoman for Day said last summer that the government could reintroduce the bill as early as fall. Liberal MP Marlene Jennings has introduced a private member’s bill to implement the original law, but the government has yet to table its own version.
Justice officials have also been working on plans to update the Criminal Code to deal with email and other recent technologies.
But a spokeswoman for Justice Minister Rob Nicholson said this week the government is focused on getting its existing justice bills through Parliament first.
I have no objections in criminal cases. The comment that bothers me is 'not only in cybercrimes investigations, but even general "non-investigative" police duties.
The only safeguard we have against indiscriminate use of police powers is the necessity of getting a warrant.
Lack of power limits investigations, they say
ANDREW MAYEDA CANWEST NEWS SERVICE
OTTAWA —
OTTAWA CITIZEN
The RCMP has urged the Harper government to reintroduce a controversial bill that would force Internet service providers to turn over personal information on subscribers, arguing the lack of such legislation has already had “serious consequences” for investigations, newly released documents show.OTTAWA —
OTTAWA CITIZEN
In November 2005, the former Liberal government introduced the Modernization of Investigative Techniques Act, which would have made it easier for law-enforcement agencies to intercept Internet and wireless communications.
The “lawful access” law, as it was better known, also would have compelled telecommunications service providers, such as Bell Canada and Rogers Communications, to disclose the name and address of subscribers to authorities on request. The bill didn’t pass before the last election.
However, Prime Minister Stephen Harper’s government has promised to revive it, and documents obtained by CanWest under the Access to Information Act confirm Justice Department officials and other departments have been laying the groundwork.
Police and the Canadian Security Intelligence Service can already seek authority to wiretap private communications through the Criminal Code, the CSIS Act and other laws.
But the laws were written before the emergence of the Internet and wireless technologies such as mobile phones and, in many cases, the industry hasn’t developed the technology to intercept such communications.
The lawful access bill would have effectively forced companies to build intercept capabilities into their networks.
Police have also been lobbying for greater powers to extract personal subscriber information from service providers.
“A lack of legislation to obtain (customer names and addresses) has already had serious consequences for investigations and victims,” the RCMP stated in a briefing note last September.
The note, prepared prior to a briefing for Public Safety Minister Stockwell Day, argues obtaining subscriber information is essential not only to cybercrime investigations, but even general, “non-investigative” police duties.
At present, authorities must seek a court warrant before asking ISPs to cough up personal information. Under the lawful access bill, they would not have to seek judicial approval.
Service providers are sometimes reluctant to disclose personal information because they fear being sued by their customers, the note adds.
But removing judicial oversight over how police obtain personal information increases the risk that people’s privacy will be abused, said Michael Geist, a technology-law expert at the University of Ottawa. “If you’re going to do more than pay lip service to the checks and balances between privacy and security, there has to be some level of third-party oversight.”
A spokeswoman for Day said last summer that the government could reintroduce the bill as early as fall. Liberal MP Marlene Jennings has introduced a private member’s bill to implement the original law, but the government has yet to table its own version.
Justice officials have also been working on plans to update the Criminal Code to deal with email and other recent technologies.
But a spokeswoman for Justice Minister Rob Nicholson said this week the government is focused on getting its existing justice bills through Parliament first.
I have no objections in criminal cases. The comment that bothers me is 'not only in cybercrimes investigations, but even general "non-investigative" police duties.
The only safeguard we have against indiscriminate use of police powers is the necessity of getting a warrant.
