Colby Cosh in the National Post on lawful access: "No bogus, ill-advised expansion of state power was ever perpetrated on this continent without "families" being hauled out as part of the pretext."
Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb
Lawful Access
Ordinary Thursday Anything But For Canadian Internet
My weekly technology law column (Toronto Star version, homepage version) notes that last Thursday began as an ordinary, rainy, spring day in Ottawa. Canadian politicians, having just avoided an unwanted election, were only two days away from an extended summer break. Yet by the end of the day, a trio of events unfolded that could help shape the Internet in Canada for years to come.
The first event took place mid-morning, with the introduction of new lawful access legislation. The bills would dramatically change the Internet in Canada, requiring Internet service providers to install new surveillance capabilities, force them to disclose subscriber information such as name, address, and email address without a court order, as well as grant police broad new powers to obtain Internet transmission data.
Government Introduces Bill To Require Surveillance Capabilities, Mandated Subscriber Disclosure
As expected, the Government has taken another shot at lawful access legislation today, introducing a legislative package called the Investigative Powers for the 21st Century (IP21C) Act that would require mandated surveillance capabilities at Canadian ISPs, force ISPs to disclose subscriber information such as name and address, and grant the police broad new powers to obtain transmission data and force ISPs to preserve data. Although I can only go on government releases (here, here), the approach appears to be very similar to the Liberal lawful access bill of 2005 that died on the order paper (my comments on that bill here) [update: Bill C-46 and C-47]. It is pretty much exactly what law enforcement has been demanding and privacy groups have been fearing. It represents a reneging of a commitment from the previous Public Safety Minister on court oversight and will embed broad new surveillance capabilities in the Canadian Internet.
The lawful access proposal is generally divided among two sets of issues – ISP requirements and new police powers.
1. ISP requirements
There are two key components here. First, ISPs will be required to install surveillance capabilities in their networks. This feels a bit like a surveillance stimulus package, with ISPs making big new investments and the government cost-sharing by compensating for changes to existing networks. The bill again exempts smaller ISPs for three years from these requirements. While that is understandable from a cost perspective, it undermines the claims that this is an effective solution to online crime since it will result in Canadians at big ISPs facing surveillance while would-be criminals seek out smaller ISPs without surveillance capabilities.
Second, the bill requires all ISPs to surrender customer name, address, IP address, and email address information upon request without court oversight. In taking this approach, Public Safety Minister Peter Van Loan has reneged on the promise of his predecessor and cabinet colleague Stockwell Day, who pledged not to introduce mandated subscriber data disclosure without court oversight.
Lawful Access Bill to Be Introduced This Week
It appears that the lawful access bill is about make its return – a Bill entitled “An Act regulating telecommunications facilities to support investigations” has been placed on the notice paper for introduction tomorrow or Friday.
RCMP Seeks Backdoor Wiretap Access to Blackberry Messaging
CBC reports this evening that the RCMP is seeking backdoor wiretap access to Blackberry devices. The law enforcement agency is concerned that email messaging with the Blackberry is secure and encrypted which raises fears that it is widely used by criminal elements. Liberal MP Marlene Jennings touts her lawful access […]
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