Lawful Access to Your Communications
Lawful Access to Your Communications
Lest you believe that Internet communications in this country are beyond the long arm of the law, consider the following paragraph that forms the lead-in to a 21-page report prepared for the government by Industry Canada and the department of the Solicitor-General. The “consultation document” was posted to the Department of Justice web site August 25.
“Lawful Access is an important and well-established technique used by law enforcement and national security agencies to conduct investigations. In the context of telecommunications in Canada, it consists of the interception of communications and search and seizure of information carried out pursuant to legal authority as provided in the Criminal Code, the Canadian Security Intelligence Service Act, and other Acts of Parliament such as the Competition Act. These Acts provide law enforcement and national security agencies with powers to intercept communications and search and seize information in a manner consistent with the rights and freedoms guaranteed in the Canadian Charter of Rights and Freedoms, particularly the right to be secure against unreasonable search and seizure.”
In the post September 11 2001 world, we might not question this need for “lawful access” but there are organizations that suggest governments are taking advantage of a situation that caused mass confusion and fear. In essence, the Canadian proposals will, if enabling legislation is passed, require Internet Service Providers to provide access points for surveillance by law enforcement agencies, including, presumably, CSIS.
“One year after the tragic events in New York and Washington, the Internet can be added to the list of “collateral damage” caused by the general spate of security measures. As a result, basic cyber-freedoms have been cut back.” notes Reporters Without Borders (RWB) in a special report released August 31. The Paris-based organization, established in 1985, intervenes throughout the world to provide practical help for journalists and news outlets working in difficult conditions.
As might be expected, the report notes that countries usually criticized for not permitting freedom of speech have been eager to clamp down on Internet use. China, Vietnam, Saudi Arabia and Tunisia are singled out as nations that have a two-sided approach to the Internet: they promote its use as a tool for state propaganda while clamping down on criticism, argument and hopes for democracy expressed online.
RWB’s report suggests that “enemies” of the Internet, such as these nations, have taken advantage of the international drive against terrorism to strengthen the police and legal machinery they have installed to put the Internet under surveillance. They are also using it to step up pressure on cyber-dissidents.
Much more controversial is RWB’s suggestion that such surveillance is not limited to countries known to be hostile to freedom of expression. Western telephone companies and ISPs, RWB claims, are being turned into an arm of police agencies and creating an environment where all citizens are theoretically under suspicion.
Noted in the report are several measures passed within the last twelve months. Among them, Resolution 1373 on fighting terrorism, approved by the United Nations Security Council, the USA Patriot Act, the amendment of the European Directive on Protection of Telecommunications Data and Information approved by the European Parliament, the recommendations of the G8 nations summit and of the European police body, Europol.
Each of the G8 nations receives special attention in the report. While much of the criticism for abuse is heaped on the United States for its unofficial role as the planet’s “Internet cop,” Canada is certainly not forgotten.
“Close surveillance of the Internet and e-mail is the core of Canada’s C-36 anti-terrorist law, passed in mid-December last year, which makes it easier for the police to get permission to install telephone and computer listening devices. The Communications Security Establishment, a department of the defence ministry, can also for the first time in its history, listen in to both Canadian and foreign citizens. The confidentiality of e-mail correspondence has clearly been destroyed.”
The report goes on to note that Information commissioner John Reid, an independent official who investigates complaints from people who believe they have been denied rights under the Access to Information Act, protested indignantly in a letter to the chairman of the federal senate’s justice committee, Joyce Fairburn, that the new law struck “a crippling blow” at his independence and his ability to protect a citizen’s right to confidentiality.”
It is interesting to note that comments on the new Canadian Internet security proposals are sought. Readers may wish to view the entire document at http://www.canada.justice.gc.ca/en/cons/la_al/. Responses to la-al@justice.gc.ca must be received no later than November 15. “The Internet on Probation,” the Reporters Without Borders document, is available at http://www.rsf.fr/IMG/pdf/doc-1259.pdf.
Peter Vogel is a Physics and Computer Sciences teacher at Notre Dame Regional Secondary School (www.ndrs.org). Suggestions and comments may be sent via email to peterv@portal.ca.
Lest you believe that Internet communications in this country are beyond the long arm of the law, consider the following paragraph that forms the lead-in to a 21-page report prepared for the government by Industry Canada and the department of the Solicitor-General. The “consultation document” was posted to the Department of Justice web site August 25.
“Lawful Access is an important and well-established technique used by law enforcement and national security agencies to conduct investigations. In the context of telecommunications in Canada, it consists of the interception of communications and search and seizure of information carried out pursuant to legal authority as provided in the Criminal Code, the Canadian Security Intelligence Service Act, and other Acts of Parliament such as the Competition Act. These Acts provide law enforcement and national security agencies with powers to intercept communications and search and seize information in a manner consistent with the rights and freedoms guaranteed in the Canadian Charter of Rights and Freedoms, particularly the right to be secure against unreasonable search and seizure.”
In the post September 11 2001 world, we might not question this need for “lawful access” but there are organizations that suggest governments are taking advantage of a situation that caused mass confusion and fear. In essence, the Canadian proposals will, if enabling legislation is passed, require Internet Service Providers to provide access points for surveillance by law enforcement agencies, including, presumably, CSIS.
“One year after the tragic events in New York and Washington, the Internet can be added to the list of “collateral damage” caused by the general spate of security measures. As a result, basic cyber-freedoms have been cut back.” notes Reporters Without Borders (RWB) in a special report released August 31. The Paris-based organization, established in 1985, intervenes throughout the world to provide practical help for journalists and news outlets working in difficult conditions.
As might be expected, the report notes that countries usually criticized for not permitting freedom of speech have been eager to clamp down on Internet use. China, Vietnam, Saudi Arabia and Tunisia are singled out as nations that have a two-sided approach to the Internet: they promote its use as a tool for state propaganda while clamping down on criticism, argument and hopes for democracy expressed online.
RWB’s report suggests that “enemies” of the Internet, such as these nations, have taken advantage of the international drive against terrorism to strengthen the police and legal machinery they have installed to put the Internet under surveillance. They are also using it to step up pressure on cyber-dissidents.
Much more controversial is RWB’s suggestion that such surveillance is not limited to countries known to be hostile to freedom of expression. Western telephone companies and ISPs, RWB claims, are being turned into an arm of police agencies and creating an environment where all citizens are theoretically under suspicion.
Noted in the report are several measures passed within the last twelve months. Among them, Resolution 1373 on fighting terrorism, approved by the United Nations Security Council, the USA Patriot Act, the amendment of the European Directive on Protection of Telecommunications Data and Information approved by the European Parliament, the recommendations of the G8 nations summit and of the European police body, Europol.
Each of the G8 nations receives special attention in the report. While much of the criticism for abuse is heaped on the United States for its unofficial role as the planet’s “Internet cop,” Canada is certainly not forgotten.
“Close surveillance of the Internet and e-mail is the core of Canada’s C-36 anti-terrorist law, passed in mid-December last year, which makes it easier for the police to get permission to install telephone and computer listening devices. The Communications Security Establishment, a department of the defence ministry, can also for the first time in its history, listen in to both Canadian and foreign citizens. The confidentiality of e-mail correspondence has clearly been destroyed.”
The report goes on to note that Information commissioner John Reid, an independent official who investigates complaints from people who believe they have been denied rights under the Access to Information Act, protested indignantly in a letter to the chairman of the federal senate’s justice committee, Joyce Fairburn, that the new law struck “a crippling blow” at his independence and his ability to protect a citizen’s right to confidentiality.”
It is interesting to note that comments on the new Canadian Internet security proposals are sought. Readers may wish to view the entire document at http://www.canada.justice.gc.ca/en/cons/la_al/. Responses to la-al@justice.gc.ca must be received no later than November 15. “The Internet on Probation,” the Reporters Without Borders document, is available at http://www.rsf.fr/IMG/pdf/doc-1259.pdf.
Peter Vogel is a Physics and Computer Sciences teacher at Notre Dame Regional Secondary School (www.ndrs.org). Suggestions and comments may be sent via email to peterv@portal.ca.
posted by Peter Vogel at 4:54 PM
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