http://news.com.com/2100-1023-955595.html?tag=politech Will Canada's ISPs become spies? By Declan McCullagh August 27, 2002, 12:56 PM PT WASHINGTON--The Canadian government is considering a proposal that would force Internet providers to rewire their networks for easy surveillance by police and spy agencies. A discussion draft released Sunday also contemplates creating a national database of every Canadian with an Internet account, a plan that could sharply curtail the right to be anonymous online. [...] --- From: David Akin <dakinat_private> To: "'declanat_private'" <declanat_private> Subject: Canada to review electronic surveillance laws Hey Declan -- May be a bit too 'Canadian' for Politech but here you are . ... David Akin CTV News The Globe and Mail Office: 416.313.2503 Mobile: 416.528.3819 > -----Original Message----- > From: > IMCEANOTES-industry-industrie+40ic+2Egc+2Eca+40ICGCat_private > [mailto:IMCEANOTES-industry-industrie+40ic+2Egc+2Eca+40ICGCat_private] > Sent: Monday, August 26, 2002 7:13 AM > Subject: Government of Canada to Review Lawful Access Laws > > > Date: 2002/08/25 > > QUEBEC, August 25, 2002 -- The Honourable Martin Cauchon, > Minister of Justice and Attorney General of Canada, the > Honourable Lawrence MacAulay, Solicitor General of Canada, > and the Honourable Allan Rock, Minister of Industry, today > announced that the Government of Canada will consult with > Canadians concerning lawful access to information and > communications. The consultation was launched by Minister > MacAulay, on behalf of his colleagues, at the annual meeting > of the Canadian Association of Chiefs of Police (CACP). > > "Lawful access legislation must protect the privacy of > Canadians and reflect their values. The Government of Canada > will be examining current laws to ensure crimes and other > threats to public safety can continue to be investigated > effectively," said Minister Cauchon. > > "Legislation governing lawful access was originally designed > for rotary telephones -- not e-mail or the Internet," said > Minister MacAulay. "Dated laws allow criminals and > terrorists to use technology to hide their illicit > activities. This initiative is about keeping our laws current > so that the police can do their job and keep Canadians safe." > > "Technology is a great enabler for Canadians, but also > presents challenges for law enforcement," said Minister Rock. > "Through this process, we are seeking ideas from law > enforcement, industry and all Canadians to find a solution > that supports public safety and privacy, and how to achieve > this without inhibiting industry's ability to innovate and compete." > > Lawful access is the lawful interception of communications, > and the search and seizure of information by law enforcement > and national security agencies. Updating lawful access > legislation is essential to a broad range of investigative > bodies, in their continued efforts to fight crimes such as > terrorism, child pornography, drug trafficking, smuggling, > Internet and telemarketing fraud, price fixing and money > laundering. Lawful access can only be exercised with a lawful > authority, and is well entrenched in laws such as the > Criminal Code, the Canadian Security Intelligence Act, the > Competition Act and other Acts of Parliament. Lawful access > legislation also recognizes the privacy rights of all people > in Canada and their rights under the Canadian Charter of > Rights and Freedoms. > > This consultation process will involve key stakeholders > including law enforcement, telecommunications companies, > civil liberties and privacy organizations. The public will > also be given the opportunity to consider lawful access > issues and options for change by obtaining a consultation > paper, which is available at > www.canada.justice.gc.ca/en/cons/la_al. Those wishing to > respond may send their submissions to la-alat_private > before November 15, 2002. > > In the January 2001 Speech from the Throne, the Government of > Canada pledged to provide modern tools to safeguard Canadians > from emerging threats such as cyber-crime. The lawful access > consultation will contribute to the Government's ongoing > commitments, both nationally and internationally, to ensure a > balanced and effective approach to addressing threats to > public safety and national security. > > References: > > Media Relations Office > Department of Justice > (613) 957-4207 > > Suzanne Thébarge > Director of Communications > Minister's Office > (613) 992-4621 > Communications > Solicitor General Canada > (613) 991-2800 > > Dan Brien > Press Secretary > Minister MacAulay's Office > (613) 991-2874 > Media Relations > Industry Canada > (613) 947-1970 > > Selena Beattie > Press Secretary > Minister Rock's Office > (613) 995-9001 > > ________________________ > > Backgrounder > Review of Lawful Access Legal Framework > > What is Lawful Access? > > Lawful access is the interception of communications and the > search and seizure of information, which law enforcement and > national security agencies > use to conduct investigations. Lawful access can only be > exercised with a > lawful authority and is well entrenched in laws such as the > Criminal Code, the Canadian Security Intelligence Service > Act, the Competition Act and other Acts of Parliament. Lawful > access legislation also recognizes the privacy rights of all > people in Canada and their rights under the Canadian Charter > of Rights and Freedoms. > > A Changing Environment > > Rapid developments in information and communication > technologies have offered Canadians a wide range of > e-commerce and information sharing opportunities. While > these technologies provide many advantages to our society, > they can also be used to conduct and shield illicit > activities such as drug trafficking, murder, child > pornography, smuggling, Internet and telemarketing fraud, > price fixing, and terrorism. Consumers have become the > targets of fraud and businesses are affected by malicious > acts that undermine their ability to compete in the > electronic marketplace. With globally connected networks, > the consequences of these crimes have become more far-reaching. > > These new technologies are posing challenges to conventional > lawful access methods. Law enforcement and national security > agencies must often overcome a variety of technical hurdles > before they can access the communication or information that > they are legally authorized to collect. These include: > > Wireline communications: Law enforcement and national > security agencies have conducted lawful investigations with > wireline services for many years. However, more advanced > service options and calling features have created new obstacles. > > Wireless communications: The rapid expansion in the use of > wireless communications tools including cellular telephones, > wireless e-mail and Internet devices and satellite > communications can pose a significant challenge for law > enforcement and national security agencies, which must now > deal with a variety of companies and a diversified > combination of network infrastructures. > > The Internet: The Internet is a collection of thousands of > networks around the world, that exchange and share > information but the Internet has no centralized physical > location or control. The complex technology of Internet > communications, the need for sophisticated equipment to > investigate Internet communications, and the lack of > provisions that would require Internet Service Providers > (ISPs) to implement procedures for lawful intercept > capabilities have created difficulties for investigators. > > International commitments > > The global nature of new technology has increased the need > for international cooperation in developing effective > solutions. Several of Canada's international partners have > updated their legislation to ensure that their law > enforcement and national security agencies maintain their > lawful access capabilities. Canada is currently involved in > discussions with the G8 and other countries on issues such as > cross-border search and seizure; tracing the source and > destination of computer communications; and cooperation > between law enforcement and national security agencies and industry. > > On November 23, 2001, Canada signed the Council of Europe > Convention on Cyber-Crime, which requires states to > criminalize certain forms of abuse of computer systems and > certain crimes when they are committed using computer > systems. The Convention also supports international > cooperation to detect, investigate and prosecute these > criminal offences, as well as to collect electronic evidence > of any criminal offence, including organized crime and > terrorist acts. Canada played an important role in the > drafting and negotiation of the Convention and is one of over > 30 signatories to it. > > At the G8 Justice and Interior Ministers' meeting held at > Mont Tremblant in May 2002, the Ministers of Justice and > Interior of the G8 states endorsed recommendations to trace > networked communications across national borders in order to > combat terrorist and criminal organizations, as well as a > number of other documents that would help governments to > combat high tech crime. > > By implementing the provisions outlined in the consultation > paper, Canada will be in a position to ratify the Convention. > It will also contribute to our G8 and other global obligations. > > Consultations > > The Government of Canada is committed to maintaining public > safety and national security, protecting the rights and > privacy of all people in Canada, encouraging the growth of > electronic commerce and a competitive electronic marketplace > and safeguarding computer systems. At the same time, the > Government recognizes that new information and communication > technologies are challenging the investigative abilities of > law enforcement and national security agencies. > > The Government of Canada will be holding consultations to > provide a broad range of stakeholders, including the > provinces and territories, law enforcement and national > security agencies, telecommunications and related industry > representatives, civil liberties and privacy organizations > and the legal community, with an opportunity to consider > lawful access issues and options for policy and legislative changes. > > To facilitate these consultations and public input, a > consultation document on lawful access is available at > www.canada.justice.gc.ca/en/cons/la_al. > Submissions may be > sent to > la-alat_private before November 15, 2002. > > The consultation document outlines legislative, regulatory > and policy options that would ensure that law enforcement and > national security agencies maintain their lawful access > capability, while taking into account legal, technical, > privacy and economic considerations. > > A central element of these proposed options would require all > wireless, wireline and Internet service providers to have the > technical capability to provide access to communications and > information, under legal authority, to law enforcement and > national security agencies. Proposed Criminal Code amendments > include the creation of production and preservation orders > for data as well as other amendments to modernize the law to > deal with new technologies. > > These consultations are a part of the Government of Canada's > commitment, made in the January 2001 Speech from the Throne, > to provide modern tools to safeguard Canadians from emerging > threats such as cyber-crime. The lawful access consultations > will also contribute to Canada's ratification of the Council > of Europe Convention on Cyber-Crime, the implementation of G8 > recommendations and to Canada's ongoing commitment to work > with international partners and ensure a balanced and > effective approach to addressing threats to public safety and > national security. The proposals outlined in the consultation > paper parallel measures that have been taken by other countries. > > Federal government partners involved in the lawful access > consultations include the Department of Justice Canada, > Solicitor General Canada, Industry Canada, the RCMP, the > Canadian Security Intelligence Service, the Department of > Foreign Affairs and International Trade and the Competition Bureau. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? 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