-----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
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, >
acts that undermine their ability to compete in the > electronic marketplace. With globally connected networks, > the consequences of
(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
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
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
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
These consultations are a part of the Government of Canada's > commitment, made in the January 2001 Speech from the Throne, > to
Is news.com.com run by news.com ? http://news.com/2100-1023-955595.html?tag=politech == 404 --Phil -----Original Message----- From: owner-nanog@merit.edu [mailto:owner-nanog@merit.edu] On Behalf Of Joe Baptista Sent: Tuesday, August 27, 2002 10:44 PM To: nanog@merit.edu Subject: Will Canada's Internet providers become spies? enjoy ... and i'm curious if there are any small or large system admins in canada here that this affects and their opinions. regards joe baptista ----- Original Message ----- From: "Declan McCullagh" <declan@well.com> To: <politech@politechbot.com> Sent: Tuesday, August 27, 2002 6:43 PM Subject: FC: Will Canada's Internet providers become spies? 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 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 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 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 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. > 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 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. 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. 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. ------------------------------------------------------------------------ - POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------ - Like Politech? Make a donation here: http://www.politechbot.com/donate/ Recent CNET News.com articles: http://news.search.com/search?qÞclan CNET Radio 9:40 am ET weekdays: http://cnet.com/broadband/0-7227152.html ------------------------------------------------------------------------ -