Friday, February 17, 2012

Lawful Access then and now: Comparing C-30 to 2005's Modernization of Investigative Techniques Act

I was asked how the new Bill C-30 compares to the Modernization of Investigative Techniques Act tabled by the liberals in 2005. Here's a redline to draw your own conclusions: https://docs.google.com/open?id=0B_bUaJvZ9k_BNmY2ODc1YmQtMzU3OC00MjhjLTlmMDYtYzA0OTAzMjhjNzAw.


Update: When the liberals introduced the Modernization of Investigative Techniques Act, it contained a provision that would allow the police to obtain warrantless access to customer information:

17. (1) Every telecommunications service provider shall, in accordance with the regulations, provide to a person designated under subsection (3), on his or her written request, any information in the service provider’s possession or control respecting the name and address of any subscriber to any of the service provider’s telecommunications services and respecting any other identifiers associated with the subscriber.

This is essentially the same as what's in the new Bill C-30 - Protecting Children from Internet Predators Act,

16. (1) On written request by a person designated under subsection (3) that includes prescribed identifying information, every telecommunications service provider must provide the person with identifying information in the service provider’s possession or control respecting the name, address, telephone number and electronic mail address of any subscriber to any of the service provider’s telecommunications services and the Internet protocol address and local service provider identifier that are associated with the subscriber’s service and equipment.

The Conservatives C-30 is actually more circumscribed, since the information is limited to customer name, address, phone number, e-mail address and IP address. The Liberals' C-74 allowed for name, address and "any other identifiers". I would assume that "any other identifiers" would include the laundry list of items that was included in last year's proposed Bill C-52:

  • mobile identification number,
  • electronic serial number (ESN),
  • local service provider identifier,
  • international mobile equipment identity (IMEI) number,
  • international mobile subscriber identity (IMSI) number and
  • subscriber identity module (SIM) card number

Regardless of the federal political party that is advocating for its adoption, warrantless access to customer information is a very bad idea.

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