Home > C30, Digital Policy > Online Spying Bill C-30 Still On The Table

Online Spying Bill C-30 Still On The Table

Michael Geist is reporting that the online spying bill is still on the table, and due in committee soon. There has only been on minor change to the bill, which is for authorities looking to gain access to subscriber information will not be allowed without judicial oversight. The Standing Committee on Justice and Human Rights studying the State of Organized Crime recently released a report that draws some parallels with C30 on its recommendations. This committee has recommended judicial oversight on subscriber access. This is not the C30 committee, but there are parallels that can be drawn to C30.  The committee report stated:

The Committee recommends the establishment of a statutory mechanism enabling law enforcement agencies, without a warrant, to require telecommunication service providers to disclose basic information identifying their subscribers. Privacy measures would have to be created, however, and prior court authorization would always be required to allow these agencies to intercept private communications.

Furthermore the committee report stated:

The Committee recommends that the Government of Canada introduce legislation requiring telecommunications service providers and telecommunications device manufacturers to decrypt legally intercepted communications or to provide assistance to law enforcement agencies in this regard.

A few months ago the EFF intervened in a case in the US where the FBI could not crack common encryption protocols. The accused was ordered by the court to provide his passwords to the FBI, and plead the fifth amendment and was jailed. The decision was later overturned, and the court upheld the accused fifth amendment rights. Furthermore in 2011 FBI general counsel Valerie Caproni told a house committee that the FBI needs a prohibition on encryption technologies that do not offer up a back door to authorities.

With the committee on C30 now expecting telecommunications to implement measures to decrypt communications on request, questions need to arise on how effective this would be when the FBI can’t even crack common encryption protocols.  How can Canada’s telecom providers be expected to do this, and at what cost to tax payers?

Geist also points out that the post media news service has pulled articles relating to comments made by Bell around the costs of implementing decryption technology and who would pay for it. I’ve contacted sources inside post media to find out exactly why this story was pulled. I still have not received any word back as far as an explanation.  I will post an update if I do get post media on comment.

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  1. Western Influence
    April 4, 2012 at 6:31 PM

    Reblogged this on The Western Influence.

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