Will Canada's Internet providers become spies?
Phil Rosenthal
pr at isprime.com
Wed Aug 28 02:51:03 UTC 2002
Is news.com.com run by news.com ?
http://news.com/2100-1023-955595.html?tag=politech == 404
--Phil
-----Original Message-----
From: owner-nanog at merit.edu [mailto:owner-nanog at merit.edu] On Behalf Of
Joe Baptista
Sent: Tuesday, August 27, 2002 10:44 PM
To: nanog at 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 at well.com>
To: <politech at 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 at ctv.ca>
To: "'declan at well.com'" <declan at 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 at ic.gc.ca
> [mailto:IMCEANOTES-industry-industrie+40ic+2Egc+2Eca+40ICGC at 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 at 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 at 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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