FC: Will Canada's Internet providers become spies?

[Declan McCullagh <declan () well com>]

http://news.com.com/2100-1023-955595.html?tag=politech

   Will Canada's ISPs become spies?
   By Declan McCullagh
   August 27, 2002, 12:56 PM PT

   WASHINGTON--The Canadian government is considering a proposal that
   would force Internet providers to rewire their networks for easy
   surveillance by police and spy agencies.

   A discussion draft released Sunday also contemplates creating a
   national database of every Canadian with an Internet account, a plan
   that could sharply curtail the right to be anonymous online.

   [...]

---


From: David Akin <dakin () ctv ca>
To: "'declan () well com'" <declan () well com>
Subject: Canada to review electronic surveillance laws

Hey Declan --
May be a bit too 'Canadian' for Politech but here you are . ...

David Akin
CTV News
The Globe and Mail

Office: 416.313.2503
Mobile: 416.528.3819


> -----Original Message-----
> From:
> IMCEANOTES-industry-industrie+40ic+2Egc+2Eca+40ICGC () ic gc ca
> [mailto:IMCEANOTES-industry-industrie+40ic+2Egc+2Eca+40ICGC () ic gc ca]
> Sent: Monday, August 26, 2002 7:13 AM
> Subject: Government of Canada to Review Lawful Access Laws
>
>
> Date: 2002/08/25
>
> QUEBEC, August 25, 2002 --  The Honourable Martin Cauchon,
> Minister of Justice and Attorney General of Canada, the
> Honourable Lawrence MacAulay, Solicitor General of Canada,
> and the Honourable Allan Rock, Minister of Industry, today
> announced that the Government of Canada will consult with
> Canadians concerning lawful access to information and
> communications.  The consultation was launched by Minister
> MacAulay, on behalf of his colleagues, at the annual meeting
> of the Canadian Association of Chiefs of Police (CACP).
>
> "Lawful access legislation must protect the privacy of
> Canadians and reflect their values. The Government of Canada
> will be examining current laws to ensure crimes and other
> threats to public safety can continue to be investigated
> effectively," said Minister Cauchon.
>
> "Legislation governing lawful access was originally designed
> for rotary telephones -- not e-mail or the Internet," said
> Minister MacAulay.  "Dated laws allow criminals and
> terrorists to use technology to hide their illicit
> activities. This initiative is about keeping our laws current
> so that the police can do their job and keep Canadians safe."
>
> "Technology is a great enabler for Canadians, but also
> presents challenges for law enforcement," said Minister Rock.
> "Through this process, we are seeking ideas from law
> enforcement, industry and all Canadians to find a solution
> that supports public safety and privacy, and how to achieve
> this without inhibiting industry's ability to innovate and compete."
>
> Lawful access is the lawful interception of communications,
> and the search and seizure of information by law enforcement
> and national security agencies.  Updating lawful access
> legislation is essential to a broad range of investigative
> bodies, in their continued efforts to fight crimes such as
> terrorism, child pornography, drug trafficking, smuggling,
> Internet and telemarketing fraud, price fixing and money
> laundering. Lawful access can only be exercised with a lawful
> authority, and is well entrenched in laws such as the
> Criminal Code, the Canadian Security Intelligence Act, the
> Competition Act and other Acts of Parliament. Lawful access
> legislation also recognizes the privacy rights of all people
> in Canada and their rights under the Canadian Charter of
> Rights and Freedoms.
>
> This consultation process will involve key stakeholders
> including law enforcement, telecommunications companies,
> civil liberties and privacy organizations. The public will
> also be given the opportunity to consider lawful access
> issues and options for change by obtaining a consultation
> paper, which is available at
> www.canada.justice.gc.ca/en/cons/la_al. Those wishing to
> respond may send their submissions to la-al () justice gc ca
> before November 15, 2002.
>
> In the January 2001 Speech from the Throne, the Government of
> Canada pledged to provide modern tools to safeguard Canadians
> from emerging threats such as cyber-crime.  The lawful access
> consultation will contribute to the Government's ongoing
> commitments, both nationally and internationally, to ensure a
> balanced and effective approach to addressing threats to
> public safety and national security.
>
> References:
>
> Media Relations Office
> Department of Justice
> (613) 957-4207
>
> Suzanne Thébarge
> Director of Communications
> Minister's Office
> (613) 992-4621             
> Communications
> Solicitor General Canada
> (613) 991-2800
>
> Dan Brien
> Press Secretary
> Minister MacAulay's Office
> (613) 991-2874             
> Media Relations
> Industry Canada
> (613) 947-1970
>
> Selena Beattie
> Press Secretary
> Minister Rock's Office
> (613) 995-9001
>
> ________________________           
>
> Backgrounder
> Review of Lawful Access Legal Framework
>
> What is Lawful Access?
>
> Lawful access is the interception of communications and the
> search and seizure of information, which law enforcement and
> national security agencies
> use to conduct investigations.    Lawful access can only be
> exercised with a
> lawful authority and is well entrenched in laws such as the
> Criminal Code, the Canadian Security Intelligence Service
> Act, the Competition Act and other Acts of Parliament. Lawful
> access legislation also recognizes the privacy rights of all
> people in Canada and their rights under the Canadian Charter
> of Rights and Freedoms.
>
> A Changing Environment
>
> Rapid developments in information and communication
> technologies have offered Canadians a wide range of
> e-commerce and information sharing opportunities.  While
> these technologies provide many advantages to our society,
> they can also be used to conduct and shield illicit
> activities such as drug trafficking, murder, child
> pornography, smuggling, Internet and telemarketing fraud,
> price fixing, and terrorism.  Consumers have become the
> targets of fraud and businesses are affected by malicious
> acts that undermine their ability to compete in the
> electronic marketplace.  With globally connected networks,
> the consequences of these crimes have become more far-reaching.
>
> These new technologies are posing challenges to conventional
> lawful access methods. Law enforcement and national security
> agencies must often overcome a variety of technical hurdles
> before they can access the communication or information that
> they are legally authorized to collect.  These include:
>
> Wireline communications: Law enforcement and national
> security agencies have conducted lawful investigations with
> wireline services for many years. However, more advanced
> service options and calling features have created new obstacles.
>
> Wireless communications: The rapid expansion in the use of
> wireless communications tools including cellular telephones,
> wireless e-mail and Internet devices and satellite
> communications can pose a significant challenge for law
> enforcement and national security agencies, which must now
> deal with a variety of companies and a diversified
> combination of network infrastructures.
>
> The Internet: The Internet is a collection of thousands of
> networks around the world, that exchange and share
> information but the Internet has no centralized physical
> location or control.  The complex technology of Internet
> communications, the need for sophisticated equipment to
> investigate Internet communications, and the lack of
> provisions that would require Internet Service Providers
> (ISPs) to implement procedures for lawful intercept
> capabilities have created difficulties for investigators.
>
> International commitments
>
> The global nature of new technology has increased the need
> for international cooperation in developing effective
> solutions.  Several of Canada's international partners have
> updated their legislation to ensure that their law
> enforcement and national security agencies maintain their
> lawful access capabilities.  Canada is currently involved in
> discussions with the G8 and other countries on issues such as
> cross-border search and seizure; tracing the source and
> destination of computer communications; and cooperation
> between law enforcement and national security agencies and industry.
>
> On November 23, 2001, Canada signed the Council of Europe
> Convention on Cyber-Crime, which requires states to
> criminalize certain forms of abuse of computer systems and
> certain crimes when they are committed using computer
> systems. The Convention also supports international
> cooperation to detect, investigate and prosecute these
> criminal offences, as well as to collect electronic evidence
> of any criminal offence, including organized crime and
> terrorist acts. Canada played an important role in the
> drafting and negotiation of the Convention and is one of over
> 30 signatories to it.
>
> At the G8 Justice and Interior Ministers' meeting held at
> Mont Tremblant in May 2002, the Ministers of Justice and
> Interior of the G8 states endorsed recommendations to trace
> networked communications across national borders in order to
> combat terrorist and criminal organizations, as well as a
> number of other documents that would help governments to
> combat high tech crime.
>
> By implementing the provisions outlined in the consultation
> paper, Canada will be in a position to ratify the Convention.
> It will also contribute to our G8 and other global obligations.
>
> Consultations
>
> The Government of Canada is committed to maintaining public
> safety and national security, protecting the rights and
> privacy of all people in Canada, encouraging the growth of
> electronic commerce and a competitive electronic marketplace
> and safeguarding computer systems.  At the same time, the
> Government recognizes that new information and communication
> technologies are challenging the investigative abilities of
> law enforcement and national security agencies.
>
> The Government of Canada will be holding consultations to
> provide a broad range of stakeholders, including the
> provinces and territories, law enforcement and national
> security agencies, telecommunications and related industry
> representatives, civil liberties and privacy organizations
> and the legal community, with an opportunity to consider
> lawful access issues and options for policy and legislative changes.
>
> To facilitate these consultations and public input, a
> consultation document on lawful access is available at
> www.canada.justice.gc.ca/en/cons/la_al.
> Submissions may be
> sent to
> la-al () justice gc ca before November 15, 2002.
>
> The consultation document outlines legislative, regulatory
> and policy options that would ensure that law enforcement and
> national security agencies maintain their lawful access
> capability, while taking into account legal, technical,
> privacy and economic considerations.
>
> A central element of these proposed options would require all
> wireless, wireline and Internet service providers to have the
> technical capability to provide access to communications and
> information, under legal authority, to law enforcement and
> national security agencies. Proposed Criminal Code amendments
> include the creation of production and preservation orders
> for data as well as other amendments to modernize the law to
> deal with new technologies.
>
> These consultations are a part of the Government of Canada's
> commitment, made in the January 2001 Speech from the Throne,
> to provide modern tools to safeguard Canadians from emerging
> threats such as cyber-crime.  The lawful access consultations
> will also contribute to Canada's ratification of the Council
> of Europe Convention on Cyber-Crime, the implementation of G8
> recommendations and to Canada's ongoing commitment to work
> with international partners and ensure a balanced and
> effective approach to addressing threats to public safety and
> national security. The proposals outlined in the consultation
> paper parallel measures that have been taken by other countries.
>
> Federal government partners involved in the lawful access
> consultations include the Department of Justice Canada,
> Solicitor General Canada, Industry Canada, the RCMP, the
> Canadian Security Intelligence Service, the Department of
> Foreign Affairs and International Trade and the Competition Bureau.




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