Post Tagged with: "lawful access"

The Issues Surrounding Subscriber Information in Bill C-30

Christopher Parsons offers a detailed analysis of the issues around subscriber information, providing a persuasive case on the need for court oversight.

February 29, 2012 — 2 comments — News

Could ‘Lawful Access’ Jeopardize Canada’s Adequacy Status with EU?

Constantine Karbaliotis, Chief Privacy Officer Americas for Mercer, has an interesting blog post that raises the question of whether Bill C-30 might jeopardize Canada’s adequacy status with the European Union. The adequacy status, which confirms Canadian privacy meets the EU Data Protection Directive standard, was obtained with the enactment of […]

February 27, 2012 — 1 comment — News

How to Fix Canada’s Online Surveillance Bill: A 12 Step To-Do List

Over the past ten days, I’ve been asked repeatedly what should be done to fix Bill C-30, the online surveillance bill. While the bill will require considerable study, below I’ve posted 12 amendments or undertakings that are needed to begin to address the massive public concern with the legislation. Given recent events, many understandably believe the bill is beyond repair and should be scrapped. However, assuming the government sticks with it and send the bill to committee with a mandate to consider a wide range of reforms and submissions, I’d start with the following non-comprehensive to-do list:

Evidence, Evidence, Evidence
No Mandatory Warrantless Access to Subscriber Information
Reporting Warrantless Disclosure of Subscriber Information
Remove the Disclosure Gag Order
“Voluntary” Warrantless Data Preservation and Production
Government Installation of Surveillance Equipment
Reconsider the Internet Provider Regulatory Framework
Improve Lawful Access Oversight
Limit the Law to Serious Crimes
Come Clean on Costs
The Missing Regulations
Deal With The Failure of Privacy Laws To Keep Pace

Details on each follows:

February 24, 2012 — 37 comments — News

Estimating the Costs of Online Surveillance

The CBC reports that the online surveillance bill will cost $20 million per year for four years. ITBusiness.ca highlights some of the problems with the estimate.

February 23, 2012 — 4 comments — News

Why Bill C-30 Gives the Govt the Power To Install Its Own Surveillance Equipment on ISP Networks

Over the past few days, I’ve posted on some of the implications of Bill C-30, including the mandatory disclosure of subscriber information, the “voluntary” warrantless disclosure of emails and web surfing habits, and the stunning lack of detail on a wide range of issues including costs and surveillance capabilities. While the bill includes some detail on surveillance capability requirements, perhaps the most dangerous provision is Section 14, which gives the government a stunning array of powers:

to order an ISP or telecom provider to install surveillance capabilities “in a manner and within a time” specified by the government
to order an ISP or telecom provider to install additional equipment to allow for more simultaneous interceptions than is otherwise specified in the law (the government sets a maximum and then can simply ignore its own guidelines)
to order an ISP or telecom provider to comply with additional confidentiality requirements not otherwise specified in the law
to order an ISP or telecom provider to meet additional operational requirements not otherwise specified in the law

Given these powers, Section 14 essentially gives the government the power to override the limits and guidelines it establishes in the bill (it must pay the provider an amount the government decides is reasonable for doing so). If that wasn’t enough, Section 14(4) goes even further. It provides:

The Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

February 22, 2012 — 28 comments — News