[FYI] (Fwd) FC: Will Canada's Internet providers become spies?

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Tue, 27 Aug 2002 19:43:23 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: Will Canada's Internet providers become spies?
Send reply to:  	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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