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Ottawa — The federal government will introduce legislation this fall
that would give police and national security agencies new powers to
eavesdrop on cellphone calls and monitor the Internet activities of Canadians,
Justice Minister Irwin Cotler said yesterday.
The bill would allow police to demand that Internet service providers
hand over a wide range of information on the surfing habits of individuals,
including on-line pseudonyms and whether someone possesses a mischief-making
computer virus, according to a draft outline of the bill provided to
the Privacy Commissioner of Canada.
After a speech to a police association in Ottawa, Mr. Cotler confirmed that
his government will soon bring "lawful access" legislation to cabinet
for final approval before it is introduced in the House of Commons.
The minister said the law is needed to replace outdated surveillance laws that
were written before the arrival of cellphones and e-mail.
"We will put law-enforcement people on the same level playing field as criminals
and terrorists in the matter of using technology and accessing technology,"
he said.
"At the same time we will protect the civil libertarian concerns that
are involved such as privacy and information surveillance,"the minister
said.
Police groups say they are not asking for any new powers but rather the ability
to continue their regular investigative activities in the digital age.
Clayton Pecknold of the Canadian Association of Chiefs of Police said police
are working with laws originally written in 1974, a time when wiretapping involved
climbing telephone poles.
"The laws were written for a wired world as opposed to the wireless world,"
he said. "We are not asking that we be given any powers without a court
order."
But critics who have been involved in private consultations with the government
are expressing concern that the proposed law goes too far and could ultimately
be used to nab Canadians as they engage in relatively minor offences such as
downloading music, movies and computer software without paying for them.
The law would force Internet service providers to retain records on the Internet
use of its clients in such a way that it can be easily retrieved by police,
doing away with the need in many cases to seize an individual's computer as
part of an investigation.
In her submission to the government earlier this year, Privacy Commissioner
Jennifer Stoddart concluded that Ottawa and the police have not provided enough
justification to warrant such a law.
"We remain skeptical about the need for these potentially intrusive and
far-reaching measures," she wrote. Ms. Stoddart noted the law could give
police access to global-positioning-system data from cellphones combined with
electronic banking data that could allow the government to track an individual's
every move.
"The digits we punch into a modern telephone do not just connect us to
another party, they can also reveal our financial transactions, PIN numbers
and passwords, or even health information." Michael Geist, a University
of Ottawa law professor who took part in the consultations, said the proposed
law goes "well, well beyond" updating references to analog technology.
"For individual Canadians, this is an issue that should attract enormous
interest because it fundamentally reshapes the Internet in Canada, creating
significant new surveillance powers," he said.
Alex Swan, a spokesman for Public Safety Minister Anne McLellan, who will be
introducing the bill, said the new law will not add any new offences to the
current list in the Criminal Code that can be used to justify a wiretap.
While that list of more than 100 crimes does include a host of sections dealing
with terrorism and organized crime, it also includes theft, mischief and keeping
a gaming or betting house.
Mr. Swan said judicial oversight will prevent police from using the new surveillance
law for minor offences, as will the cost involved in using such surveillance
methods.