The Privacy Commissioner of Canada has posted her initial letter and analysis of Bills C-46 and C-47, the lawful access legislation.
Post Tagged with: "c-46"
While the Liberal party indicated late in the summer that it would more actively oppose the Conservative government, apparently that may not apply to Bill C-46 and C-47, the lawful access legislation. Bill C-46, titled the Investigative Powers for the 21st Century Act, received second reading in the House of Commons yesterday with a referral to committee on the way. The bill contains new tracking warrants for the Internet and other police powers.
The first response from the Liberals to this lawful access bill: What took you so long? MP Mark Holland opened with the following question:
The Ottawa Citizen ran a detailed feature on the lawful access bills with comments from both law enforcement and privacy advocates. Police say requiring warrants for ISP subscriber data is "harmful to public safety."
The push for new Internet surveillance capabilities – dubbed the "lawful access" initiative – dates back to 1999, when government officials began crafting proposals to institute new surveillance technologies within Canadian networks along with additional legal powers to access surveillance and subscriber information. Over the past decade, lawful access has stalled despite public consultations, bills that have died on the order paper, and even a promise from former public safety minister Stockwell Day to avoid mandatory disclosure of personal information without court oversight. Last June, current Public Safety Minister Peter Van Loan tabled the latest lawful access legislative package. Much like its predecessors, the bill establishes new surveillance requirements for Internet service providers. In an about-face from the Day commitment however, it also features mandatory disclosure of customer information, including name, address, IP address, and email address upon request and without court oversight.
My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) notes that lawful access has long faced at least two significant barriers. The first involves ISP costs associated with installing new equipment and responding to disclosure requests. The government has attempted to address those concerns by promising to help pay the bills. It plans to provide some funding for new equipment and, in a little noticed provision, has opened the door to paying ISPs for providing customer name and address information to law enforcement authorities.
Appeared in the Toronto Star on September 28, 2009 as Case For Net Spying Not Closed Appeared in the Ottawa Citizen on September 29, 2009 as The curious case of the ISP access request that wasn't The push for new Internet surveillance capabilities – dubbed the "lawful access" initiative – […]