The Government of Canada has, at least temporarily, backed away from pushing through its tabled lawful access legislation. While many critiques of the legislation abound – some of which I’ve recently noted surrounding warrantless access to subscriber information – there have been limited critiques of the actual financial costs associated with the bill. While some public commentators have suggested that the legislation will threaten small Internet service providers’ financial viability, there has yet to be a formal, detailed, and public financial accounting of lawful access-related costs.
I’m incapable of offering this accounting. The same is true for every other Canadian, whether they are a government bureaucrat, private citizen, corporate agent, or government Minister, because the legislation itself remains murky. Thus, rather than suggest that the legislation will cost X dollars, in this post I outline why people cannot cost out the bill if they solely rely on existing public information.
I begin this post by quickly outlining what the Canadian government suggests that the legislation will cost. Having done so, I move to critique the origins of the government’s numbers. This entails first examining the issue of interception capabilities, second, of storage costs, and third, of the status of Telecommunication Service Providers’ existing lawful access capacities. I conclude by noting the lack of clarity surrounding C-30’s breadth and the need for clarity during the legislative, rather than regulation-setting, stage of the bill’s development.
The (Un)Lawful Access event takes place tomorrow (March 8, 2012) at the Fraser Building, room 157, on the University of Victoria Campus. It should be a really interesting discussion; Michael Vonn is one of the sharpest people in Canada on lawful access, and I’ll be addressing some of the technical and international characteristics of lawful access legislation. All are welcome, and it will take place between 12:30-1:30pm. There’s a Facebook event page for the event where you can register or learn more.
The most recent version of the Canadian Government’s lawful access legislation is upon us. The legislation expands the powers available to the police, imposes equipment- and training-related costs on Telecommunications Service Providers (TSPs), enables TSPs to voluntarily provide consumer information to authorities without a warrant, forces TSPs to provide subscriber data without warrant, and imposes gag orders on TSPs who comply with lawful access powers. Economic and civil rights costs are, as of yet, murky. Despite being an extremely lengthy piece of legislation, Bill C-30 lacks the specificity that should accompany serious expansions to Canadian policing and intelligence gathering powers.
In this post, I first outline a ‘subscriber data regime’ to discuss what does – and may – be entailed in accessing Canadians’ subscriber data. Second, I explain how subscriber data can be used for open-sourced intelligence gathering. Third, I argue that an administrative process of expanding subscriber identifiers is inappropriate. Finally, I articulate why warrants are so important, and why court approval should precede access to subscriber data. In aggregate, this post explicates the concerns that many civil advocates, academics, and technical experts have with access to subscriber information, why Canadians should be mindful of these concerns, and why Canadians should rebuff current efforts to expand warrantless access to subscriber information.