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Lawful access could represent serious infringement on Canadian's privacy rights
Ottawa (13 Sept. 2007) - Following public reaction to news that Public Safety Canada and Industry Canada launched a semi-public consultation on an element of lawful access, the federal government has opened up the process.
The consultation was initially scheduled to conclude by September 25th but indications are this date will be extended. They will be looking for submissions regarding the possibility of telecommunications companies providing customer name and address information to law enforcement agencies.
Initially the consultation was not posted on the Internet and spokespeople from the federal government have tried to keep news of the consultation quiet.
"That this government would attempt to proceed on this matter without full and open public consultations was completely unacceptable," said National Union President James Clancy.
These concerns were shared by Internet law expert Michael Geist, "this is an important issue and I believe that the government should hear from all interested stakeholders, not a hand-picked, secret group."
Geist and human rights organizations publicized the existence of the consultation which resulted in the about face by Public Safety Canada.
Minister of Public Safety Stockwell Day's office announced the change after receiving a number of calls about the matter.
Fears of Big Brother evoked
The issue of lawful access raises a number of red flags for privacy and human rights advocates.
Public Safety Canada claims that:
law enforcement agencies have been experiencing difficulties in consistently obtaining basic CNA information from telecommunications service providers. In the absence of explicit legislation, a variety of practices exists among TSPs with respect to the release of basic customer information, e.g. name, address, telephone number, or their Internet equivalents.
The department points to cell phone identifiers, email addresses, and IP addresses as possible information it wants to attain.
While Public Safety Canada does propose safeguards - including limits on who would have access to the information, limited uses of the information, and internal audits on the use of these powers - this does not ease the concerns of critics.
Geist feels that "it is extremely disappointing to see that the departments continue to believe that ISPs should be required to hand over potentially sensitive personal information without a court order or other judicial oversight."
Geist also points out that the claim that law enforcement has faced "difficulties" in obtaining this data has not been substantiated.
Many critics point out the "Big Brother" fears inherent in the lawful access issue.
"Establishing a consultation that omits a range of pro-privacy policy alternatives and excludes many interested stakeholders leaves the distinct impression of a process that has already been determined and one that makes the Orwellian concerns all the more real," said Geist. NUPGE
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