Boogeymen in the machines
Canadian cybercrime prevention proposal criticized for going too far
Accessing the Internet without the cops knowing about it may soon be a thing of the past for Canadians if a consultation document created by the federal government becomes law. The document would also force Internet service providers to make it easier for police to keep an eye on their customers.
At this point, the document is just a consultation paper, but part of its purpose is to help rearrange Canadian law to make it easier for the government to sign on to an international cybercrime treaty that has been criticized by civil libertarians.
The document, released last week, was written by the Department of Justice, Industry Canada and the solicitor general. It examines ways Canadian security officials can better deal with crimes or threats to national security from modern communications technology. Although the document makes several references to efforts to balance the privacy and civil liberties of Canadians with new security measures, it also recommends adopting policies similar to those that have been criticized throughout the U.S. and Europe.
Central to the recommendations is allowing police "lawful access" to companies dealing in new communications technology – which basically means forcing wireless and Internet service providers to allow police easy access to their networks.
"The central tenet of the proposal is that service providers would be required to have the technical capability to provide access to the entirety of a specific telecommunication transmitted over their facilities," the document states. It also mentions creating a database of everyone in the country with an Internet account.
Canadian law needs to be changed if the government is to join the Council of Europe’s Convention on Cybercrime, a treaty that has been through dozens of drafts and is still being criticized for giving governments too much power. Canada has observer status with the Council of Europe, and the new document recommends that the government align itself to ratify the treaty.
Organizations like the Canadian Association of Police Chiefs have long lobbied for more power to fight cybercrime. Many police groups also say they need more power to track and prosecute cybercrime across borders because the technology is not limited by political boundaries.
But organizations like Privacy International, the Electronic Privacy Information Centre and the American Civil Liberties Union say such measures go too far. They argue that giving police that much power would eliminate the rights of people to use the Internet or wireless technology anonymously. They also worry the cybercrime treaty doesn’t do enough to ensure the privacy rights of citizens are upheld.
"We feel that without due consideration to civil liberties, privacy and due process this convention will continue to threaten fundamental human rights," the three organizations wrote in a letter to the Council of Europe.
Although such measures would normally rankle few outside of the tech community, the issue has taken on another dimension since the September 11 attacks put national security and civil liberties on everyone’s mind.
Canadians have been spared the idea of a citizen’s spy network and some of the more intrusive aspects of the American Patriot Act, but there are still concerns about the anti-terrorism legislation Canada has slapped together since September 11.
Although this new piece of government work isn’t related directly to terrorism, it does add to the growing concerns about civil liberties and is, again, asking Canadians to decide where to draw the line between security and privacy.
The federal government plans on consulting a number of groups about the cybercrime proposal before it moves forward, likely in November. Comments from the public are also being accepted.
Relevant Web sites
· The Lawful Access Consultation Document: www.canada.justice.gc.ca/en/cons/la_al/
· The Council of Europe’s Convention on Cybercrime: conventions.coe.int (click Full List of European Treaties and look for Convention on Cybercrime)
· Privacy International: www.privacyinternational.org
· Electronic Privacy Information Centre: www.epic.org |
