Pubdate: Fri, 19 Aug 2005
Source: Ottawa Citizen (CN ON)
Copyright: 2005 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Tim Naumetz

POLICE, CSIS WANT POWER TO INTERCEPT PERSONAL E-MAILS

Law Would Also Allow Monitoring Of Secure Sites, Text Messages

The federal cabinet will review new legislation this fall that would give 
police and security agencies vast powers to begin surveillance of the 
Internet without court authority.

The new measures would allow law-enforcement agents to intercept personal 
e-mails, text messages and possibly even password-secure websites used for 
purchasing and financial transactions.

A law professor and privacy expert involved in consultations over the bill 
said a draft version of the legislation circulated earlier this year did 
not require court authority for police to intercept communications or 
demand information from Internet servers.

"I think it's the kind of legislation that is literally going to shock 
millions of Canadians," said University of Ottawa professor Michael Geist.

Justice Minister Irwin Cotler disclosed the plan during a speech to a 
conference of police boards from across the country. He told reporters he 
and Public Safety Minister Anne McLellan are preparing a memorandum to 
cabinet following months of discussions with police, privacy experts and 
the Internet industry.

Mr. Cotler said law-enforcement agencies have lagged behind as use of the 
Internet exploded over the past decade.

An internal briefing note for the head of the Canadian Security 
Intelligence Service last February said it has become increasingly 
difficult for the agency to intercept communications for surveillance 
purposes and supported legislation to give law agencies more powers.

Mr. Cotler says the government wants to put police and security forces on a 
"level playing field."

"Criminals and terrorists are making use of the most sophisticated 
technology," said Mr. Cotler. "They have become experts, frankly, in 
transborder communications and transportation technology."

Mr. Cotler said the government is aware of objections around the effects 
the surveillance could have on the privacy and legal rights of citizens. 
Under current law, it is illegal to intercept and open letter mail, but it 
is unclear whether e-mails are in the same legal category.

The Defence Department's Communications Security Establishment has the 
ability to intercept all telephone communications within Canada and calls 
across the border, but must obtain ministerial permission to intercept and 
record telephone calls in which at least one Canadian citizen is involved.

And police need court permission to eavesdrop on telephone conversations.

"I hope we will come up with a memorandum to cabinet that can protect human 
security in the sense that we will put law enforcement people on the same 
level playing field as criminals and terrorists in the matter of using 
technology and accessing that technology, and at the same time we will 
protect the civil libertarian concerns that are involved," said Mr. Cotler.

But Mr. Geist said the version of the legislation that was circulated by 
the government failed to protect the privacy and legal rights of citizens. 
It also placed a severe requirement on Internet service providers to hold 
data and records of Internet and e-mail use by their clients.

"It really reshapes what Canada's Internet looks like, creating a real 
surveillance network," said Mr. Geist, who holds the Canada Research Chair 
in Internet and e-commerce law at the University of Ottawa. "The provisions 
we've seen extend as far out as the Competition Bureau. This will create a 
significant basket of new rights for all manner of law-enforcement authorities.

"It envisions a dramatically new Internet, new kinds of surveillance powers 
for law enforcement, new kinds of surveillance capabilities for network 
providers and requirements for network providers to disclose information 
about Canadian Internet users, often with little or no judicial oversight," 
Mr. Geist said.

He said the draft version allowed police the right to telephone Internet 
service providers around the clock, and require them to provide records and 
data on client files within 30 minutes.

However, NDP MP Joe Comartin, a lawyer and the party's justice critic, said 
MPs on the Commons justice committee who heard testimony about child 
pornography over the Internet concluded police do not have enough power to 
adequately investigate and prosecute offenders.

"Generally, members of the committee from all parties are concerned about 
the limitations police are operating under," said Mr. Comartin. "Our police 
forces always seem to be lagging behind."

Mr. Comartin said the biggest obstacle police face is obtaining records and 
information about client web use from Internet service providers. He said 
the new law would likely allow police to intercept transactions on secure 
sites used for bank transactions and purchasing a range of merchandise.

Conservative MP Vic Toews, while supporting expanded powers for police 
surveillance of the Internet, said collection and storage of information 
and records should not be allowed unless the agents are able to prove to a 
judge there is justifiable reason to intercept the communications and 
gather the data.
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