Post Tagged with: "nicholson"

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. 

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June 18, 2009 90 comments News

Government Reintroduces Identity Theft Bill

The Government has reintroduced legislation designed to address identity theft.  The bill appeared in the last Parliament but died on the order paper.  My original post on the last bill is here.  I was scheduled to appear before the Justice Committee to discuss the bill, but the the committee was […]

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April 1, 2009 1 comment Must Reads

Justice Minister Announces Plans to Criminalize ID Theft

Justice Minister Rob Nicholson has announced plans to criminalize identity theft. He said he would introduce legislation targeting the actual gathering and trafficking in credit card, banking and other personal data for the purposes of using it deceptively.

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October 2, 2007 Comments are Disabled Must Reads

Copyright Enforcement and Local Police

Digital-Copyright.ca has posted a letter from Liberal MP and Justice critic Marlene Jennings explaining her support for Bill C-59, the anti-camcording bill. Jennings, who was working on a private members bill to address the same issue, says: "The crux of the matter is that the relevant dispositions preventing camcording are […]

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June 28, 2007 6 comments News

Movie Camcording Bill Clears Debate, Hearings, and Three Readings in 80 Minutes

Bill C-59, the anti-camcording bill, blazed through the House of Commons yesterday.  The bill was debated and given all three readings (hearings were deemed unnecessary) in only 80 minutes, less time than it takes to actually watch most movies.  The bill is now at the Senate awaiting approval.  Justice Minister […]

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June 14, 2007 8 comments News