When the government announced earlier this year that its controversial lawful access legislation was dead, many suspected that the bill – which has resurfaced numerous times over the past decade – would be back sooner or later. Peter MacKay, the newly installed Justice Minister, recently suggested that it may be […]

Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb
Lawful Access
Canada’s Lawful Access Bill Appears to Have Contained a Provision to Enable PRISM-Style Surveillance
As the revelations about U.S. secret surveillance continue, one of the more interesting recent articles was a Buzzfeed piece that focused on a Utah ISP that hosted a “little black box” in the corner inserted by the National Security Agency. The article describes how a Foreign Intelligence Service Act (FISA) warrant allowed the NSA to monitor the activities of an ISP subscriber by inserting surveillance equipment directly within the ISP’s network. The experience in Utah appears to have been replicated in many other Internet and technology companies, who face secret court orders to install equipment on their systems.
The U.S. experience should raise some alarm bells in Canada, since the now defeated lawful access bill envisioned similar legal powers. Section 14(4) of the bill provided:
Why Canadians Should Be Demanding Answers About Secret Surveillance Programs
Privacy and surveillance have taken centre stage this week with the revelations that U.S. agencies have been engaged in massive, secret surveillance programs that include years of capturing the meta-data from every cellphone call on the Verizon network (the meta-data includes the number called and the length of the call) as well as gathering information from the largest Internet companies in the world including Google, Facebook, Microsoft, and Apple in a program called PRISM. This lengthy post provides some background on the U.S. programs, but focuses primarily on the Canadian perspective, arguing that many of the same powers exist under Canadian law and that it is likely that Canadians have been caught up by these surveillance activities.
The first revelation came from a story by Glenn Greenwald in the Guardian, in which he reported that the National Security Agency (NSA) is collecting phone records from millions of Verizon customers each day. U.S. authorities have sought to downplay the significance of the “meta data” from the phone calls, but many experts note that meta data can be more revealing than the content of the call itself. The cell phone meta data collection appears to be authorized through provisions from the USA Patriot Act, which permits a Foreign Intelligence Surveillance Act (FISA) court to order a business to produce certain documents. As Margot Kaminski explains, there are few safeguards over these programs.
CWTA Calls on Government to Use Spectrum Auction Proceeds to Pay for Lawful Access
The government may have killed lawful access, but the Canadian Wireless Telecommunications Association apparently thinks it will return and is urging the government to earmark revenues generated by the forthcoming spectrum auction to pay for it. In an appearance before the Standing Committee on Industry on March 26th, CWTA President […]