Conservatives to heighten web-surveillance powers

Michael Geist, The Ottawa Citizen:

With the new parliamentary session scheduled to kick off within the next few weeks, two major initiatives will dominate the initial legislative agenda: passing a budget and introducing an omnibus crime bill that contains at least 11 crime-related bills. The prioritization of the crime legislation is consistent with the Conservative election platform, which included a commitment to bundle all the outstanding crime and justice bills into a single omnibus bill and to pass it within the new Parliament’s first 100 days.

The Conservatives argue that the omnibus approach is needed since the opposition parties “obstructed” passage of their crime and justice reforms during successive minority governments. Yet included within the crime bill package is likely to be legislation creating new surveillance requirements and police powers that has never received extensive debate on the floor of the House of Commons and never been the subject of committee hearings.

The package is benignly nicknamed “lawful access,” but isn’t benign. If the Conservatives move forward with it, it would feature a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.

The first prong mandates the disclosure of Internet provider customer information without court oversight. Under current privacy laws, providers may voluntarily disclose customer information but are not required to do so. The new system would require the disclosure of customer name, address, phone number, e-mail address, Internet protocol address, and a series of device identification numbers.

The second prong requires Internet providers to re-work their networks to allow for real-time surveillance. The bill sets out detailed capability requirements that will eventually apply to all Canadian Internet providers. These include the power to intercept communications, to isolate the communications to a particular individual, and to engage in multiple simultaneous interceptions.

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