ISPs must help police snoop on internet under new bill
CBC News
Internet service providers would have to make it possible for police and intelligence officers to intercept online communications and get personal information about subscribers, under bills tabled Thursday.
"We must ensure that law enforcement has the necessary tools to catch up to the bad guys and ultimately bring them to justice. Twenty-first century technology calls for 21st-century tools," said Justice Minister Rob Nicholson as he announced the new bills with Public Safety Minister Peter Van Loan at a news conference in Ottawa.
The bills are intended to modernize the Criminal Code and help law enforcement officials chase those suspected of using the internet and other new technologies to communicate and commit crimes, as well as maximize the ability to conduct international investigations, Nicholson said.
Targets 'safe havens'
One bill, announced by Van Loan, would require telecommunications and internet service providers to:
* Install and maintain "intercept-capable" equipment on their networks.
* Provide police with "timely access" to personal information about subscribers, including names, address and internet addresses, without the need for a warrant.
Van Loan said the bill won't provide new interception powers to police, but simply update the legal framework designed "in the era of the rotary telephone."
He noted that police can already get the authority to intercept communications, but the network is often incapable of allowing such interception.
"Criminals, child pornographers, organized crime members and terrorists are aware of these interception safe havens. They identify them and gravitate towards them to exploit them and continue their criminal activities undetected, out of the reach of the investigative powers of law enforcement."
Van Loan added that internet service providers are currently not required to provide subscriber information to police and the Canadian Security Intelligence Agency (CSIS), and may be unwilling to provide such data without a police warrant, slowing down the investigation of crimes such as child sexual exploitation or online theft.
ISPs must preserve data
The other bill, introduced by Nicholson, would:
* Allow law enforcement officials to obtain transmission data that is sent or received via telephone or internet if authorized by a production order or warrant
* Require telecommunications companies to keep data related to specific communications or subscribers if that information is needed in an investigation and requested via a preservation order.
* Make it a criminal offence for two or more people to agree to or arrange child sexual exploitation by means of telecommunications.
* Modernize the system for tracking warrants.
Internet surveillance in other countries
United Kingdom
The Regulation of Investigatory Power Act of 2000 includes provisions to require ISPs to install system to aid investigators in tracking electronic communications.
United States
The PATRIOT Act of 2001 expanded wiretaps to internet connections. The Bush administration authorized the National Security Agency to conduct warrantless domestic wiretaps in 2001, possibly earlier. The Protect America Act of 2007 and FISA Amendments Act of 2008 extended that authority.
Australia
The Surveillance Devices Bill of 2004 allows Australian Federal Police to obtain warrants for the use of data, optical, listening and tracking surveillance devices. The Intelligence Services Act of 2001 covers the use of surveillance devices by the country's security agencies.
New Zealand
The Search and Surveillance Powers Bill was introduced in September 2008 to update the surveillance powers and procedures New Zealand's law enforcement agencies.
Sweden
Sweden's parliament approved new laws in June 2008 to allow the country's intelligence bureau to track sensitive words in international phone calls, faxes and emails without a court order. The law took effect in January 2009.
Nicholson said the government believes the proposed legislation strikes an "appropriate balance" between law enforcement's investigative powers to protect public safety and the privacy and rights and freedoms of Canadians.
Law enforcement officials at the news conference praised the bill.
Calgary deputy chief of police Murray Stooke said police have been requesting the modernization of laws related to interception of communications for a decade. He added that the government consulted broadly with Canadians and interest groups before introducing the new legislation.
"We do understand that the privacy concerns of Canadians must be respected," he added, "but at the same time, we have a growing gap in terms of our capacity [to investigate crimes]."
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if you think your safe then i call you a fool, don't believe another fool to say its safe its just a matter of time now to collect all the data.technology calls for 21st-century tools,"
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The bills are intended to modernize the Criminal Code and help law enforcement officials chase those suspected of using the internet and other new technologies to communicate and commit crimes, as well as maximize the ability to conduct international investigations, Nicholson said.
Targets 'safe havens'
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More info.....
By The Canadian Press
OTTAWA - The Conservative government wants to give police greater powers to eavesdrop on Canadians in cyberspace.
Justice Minister Rob Nicholson and Public Safety Minister Peter Van Loan introduced two bills Thursday that would give law enforcement much greater access to Internet communications and the personal details of subscribers.
The proposed legislation would:
-enable police to access information on an Internet subscriber, such as name, street address and email address, without having to get a search warrant.
-force Internet service providers to freeze data on their hard drives to prevent subscribers under investigation from deleting potentially important evidence.
-require Telecom companies to invest in technology that allows for the interception of Internet communications.
-allow police to remotely activate tracking devices already embedded in cellphones and certain cars, to help with investigations.
-allow police to obtain data about where Internet communications are coming from and going to.
-make it a crime to arrange with a second person over the Internet the sexual exploitation of a child.
Nicholson, flanked at a news conference by police officers, said the changes were necessary to keep up with the changing times.
"Twenty-first century technology calls for 21st century tools for police to effectively investigate crime," he said.
Van Loan added: "The legislation contains important tools to allow our law enforcement community and our intelligence officials to combat crime and terrorism in the face of rapidly evolving communications technologies."
Privacy and civil liberties advocates have raised alarms over the changes, particularly the measure to remove the obligation of police to obtain a warrant before getting personal information about a Canadian Internet user.
Some Internet service providers willingly gave over such information to police in the past, but others insisted on warrants first, which raised the ire of law enforcement officials.
The new regime would allow a select number of law enforcement officials to see the data, and would conduct regular audits on how the information is being viewed and accessed.
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