For the past several years, public advocates, academics, the privacy commissioners of Canada, and members of the Canadian Parliament have all voiced concerns about proposed lawful access legislation. There are generally three types of ‘powers’ associated with such legislation: (1) enhanced search and seizure provisions; (2) increased interception of privacy communications powers; (3) production of subscriber data. During the last election cycle, Stephen Harper assured Canadians that within 100 sitting days lawful access provisions would be passed, along with other legislation, in an omnibus crime bill. Lawful access legislation has not been fully debated in the House or Senate, and has significant implications for the future of anonymity and privacy on the Internet, while simultaneously expanding police powers without a clearly demonstrated need to expand such powers.
Working from the most recent lawful access bills, which died when the last election was called, advocates and academics have come together to send a letter of concerns to Prime Minister Harper. Our concerns are as follows:
- The ease by which Canadians’ Internet service providers, social networks, and even their handsets and cars will be turned into tools to spy on their activities further to production and preservation orders in former Bill C‐51 – a form of spying that is bound to have serious chilling effects on online activity and communications, implicating fundamental rights and freedoms
- The minimal and inadequate amount of external oversight in place to ensure that the powers allotted in these bills are not abused
- Clause 16 of former Bill C‐52, which will allow law enforcement to force identification of anonymous online Internet users, even where there is no reason to suspect the information will be useful to any investigation and without adequate court oversight and
- The manner in which former Bill C‐52 paves the way to categorical secrecy orders that will further obscure how the sweeping powers granted in it are used and that are reminiscent of elements of the USA PATRIOT Act that were found unconstitutional.
On a final note, we object that Canadians will be asked to foot the bill for all this, in what essentially amounts to a hidden e‐surveillance tax, and are concerned that compliance will further impede the ability of smaller telecommunications service providers to compete in Canada by saddling them with disproportionate costs.
It is of critical import that the lawful access provisions of the omnibus crime bill are shaved off into their own batch of legislation and are afforded their own debates and hearings. Failing to do otherwise would underplay how much the bills’ massive expansions of surveillance capacities might impact the Internet in Canada, and digital communications in this country more generally. If you want to learn more about the concerns listed above, you can read the full letter that was sent to the PMO (.pdf), and you can take action by voicing your concerns at the Stop Online Spying website. Sign the petition located there and then contact your MP: it is only by demonstrating public interest and concern in these bills that they might be clarified, reformed, and potentially prevented from being brought forward in the first place.