Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
I did a large number of interviews with print, radio (the As It Happens interview covers many of the concerns), and television (CBC, CTV, and Global) and was left wondering whether there is a compromise to be had in an environment where the Conservative majority government can obviously pass the bill but only at a significant political cost given public opinion. I may be naive, but I think it is possible.
As technology evolves, many criminal activities, such as the distribution of child pornography, become much easier. We are proposing measures to bring our laws into the 21st century and to provide the police with the lawful tools that they need. He can either stand with us or with the child pornographers.
Toews may be surprised by the negative reaction because he has been saying similar things for weeks. Consider:
On the issue of warrantless access to subscriber information, a Public Safety document demonstrates that the intention is to use this data for purposes that do not involve criminal or child pornography concerns. For example, it notes that warrants would be problematic for “non-criminal, general policing duties” such as returning stolen property. Is the government really proposing to drop key privacy protections for non-criminal concerns?
Moreover, despite claims that court oversight would burden the court system, previously undisclosed RCMP data shows 95% of requests for subscriber information are already met on a voluntary basis. Claims that court oversight would “literally collapse an already over-burdened judicial system” is therefore entirely inconsistent with the data that shows the overwhelming majority of cases are handled without court oversight. The need for court oversight arises for the last five percent, not 100% of the cases.
Public Safety Minister Vic Toews is expected to introduce lawful access legislation tomorrow in the House of Commons. An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and others Acts, likely to be Bill C-30, will mark the return of lawful access in a single legislative package. While it is certainly possible for a surprise, the bill is expected to largely mirror the last lawful access bills (C-50, 51, and 52) that died on the order paper with the election last spring.
This long post tries to address many of the most common questions and misconceptions about lawful access in Canada. The questions and answers are:
Update: Bill C-30 was introduced on February 14, 2012. One important change from the last bill to the current bill is that the list of data points subject to mandatory disclosure without court oversight has shrunk from 11 to six. The IMEI numbers, discussed further below, are no longer on the list.
Late last year, I wrote a column on lawful access arguing that “neither the government nor law enforcement has provided credible evidence demonstrating how the current law has impeded active investigations.” Open Media has now obtained an internal police document that shows the policy recognize this problem. The email asks […]
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Michael Geist
mgeist@uottawa.ca
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