Modernization of Investigative Techniques Act: Difference between revisions
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Modernization of Investigative Techniques Act, Bill-C74 was first introduced in the Canadian House of Commons on November, 15, 2005 |
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'''Modernization of Investigative Techniques Act''' is [[Canada]]'s (proposed) federal statute governing lawful access. The Act first, requires [[telecommunications|telephone]] and [[Internet service providers]] to include an interception capability as they introduce new technologies, and second, allows [[police|law enforcement]] to compel ISPs to disclose subscriber information without a [[warrant (law)|warrant]]. |
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<ref name=LegisInfo, Bill C-74 Modernization of Investigative Techniques Act>[http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Mode=1&billId=3997477&Language=E], Parliament of Canada. (n.d). LEGISinfo - House government bill C-74 (38-1). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=2093061&Language=E&Mode=1&View=7</ref> Introduced as a part of a package of “Lawful Access” proposals, Modernization of Investigative Techniques Act (MITA) if passed, would require telephone and internet service providers to design, create and maintain interception capabilities into existing networks and into new technologies as they are introduced into Canada. Second, it would allow law enforcement to compel telephone and internet service providers to disclose subscriber information without a warrant. <ref name=Lawful Acess, Michael Geist>[http://www.michaelgeist.ca/content/view/1009/125/], Geist, M. (2005). The lawful access spin. Retrieved from http://www.michaelgeist.ca/content/view/1009/125/</ref> |
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Under the Criminal Code Act of Canada, “Lawful Access” provisions for the interception of communications by law enforcement was first adopted in 1974<ref name=Justice Canada, Lawful Access FAQ>[http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html], Department of Justice Canada. (2009). Lawful access - Consultation document - Summary of submissionto the lawful access consultation. Retrieved from http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html</ref>. The Criminal Code was amended in the 1980s and again in the 1990’s to allow law enforcement the ability to search and cease computer systems <ref name=Justice Canada, Lawful Access FAQ>[http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html], Department of Justice Canada. (2009). Lawful access - Consultation document - Summary of submissionto the lawful access consultation. Retrieved from http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html</ref>. In 1984 the Canadian Security Intelligence Service (CSIS) Act was passed by Parliament giving law enforcement the right to lawfully intercept private communication in defense of national security <ref name=Justice Canada, Lawful Access FAQ>[http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html], Department of Justice Canada. (2009). Lawful access - Consultation document - Summary of submissionto the lawful access consultation. Retrieved from http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html</ref>. Supporters of MITA and other “Lawful Access” legislation, being proposed to date, believe the passage of these bills will amend current provision for “Lawful Access” in existing legislation like the Criminal Code Act and CSIS and support law enforcement to lawfully access trasmission data from new technologies like smartphones<ref name=CBC Radio Canada>[http://www.cbc.ca/news/canada/story/2005/11/15/surveillance051114.html], CBC Radio Canada. (2005). New survelliance bill introduced. Retrieved from http://www.cbc.ca/news/canada/story/2005/11/15/surveillance051114.html</ref>. |
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Concerns raised include: |
Concerns raised include: |
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* Increased burden to ISPs who would be required to retain traffic data for significant periods of time.<ref>{{cite web|url=http://canada.justice.gc.ca/en/cons/la_al/summary/4.html|title=Summary of Submissions to the Lawful Access Consultation, Chapter 4: Comments by Industry|accessdate=2006-06-29}}</ref> |
* Increased burden to ISPs who would be required to retain traffic data for significant periods of time.<ref>{{cite web|url=http://canada.justice.gc.ca/en/cons/la_al/summary/4.html|title=Summary of Submissions to the Lawful Access Consultation, Chapter 4: Comments by Industry|accessdate=2006-06-29}}</ref> |
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The dissolution of Parliament on November 28th, 2005 ended all bills introduced during the 38th Parliament by the, then Liberal government, including Modernization of Investigative Techniques Act, Bill C-74 <ref name=CBC Radio Canada, Video Clip>[http://archives.cbc.ca/politics/prime_ministers/clips/13118/], CBC Radio Canada. (2005). Paul Martin`s government topples. Retrieved from http://archives.cbc.ca/politics/prime_ministers/clips/13118/</ref>. Anticipating passing of this bill, however, ISPs such as [[Bell Sympatico]] have modified their various policies and agreements to contain language to the effect that they may monitor, investigate, and disclose information to satisfy laws, regulations, or government requests. |
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==Bill C-74== |
==Bill C-74== |
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* November 15, 2005: First reading |
* November 15, 2005: First reading |
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* April 4, 2006: [[Prime Minister of Canada|Prime Minister]]'s Throne Speech does not mention bill, fueling speculation that bill has become a low priority for [[Stephen Harper|Harper]] government.<ref>{{cite web|url=http://michaelgeist.ca/index.php?option=com_content&task=view&id=1196&Itemid=85|title=Priorities|accessdate=2006-06-28}}</ref> |
* April 4, 2006: [[Prime Minister of Canada|Prime Minister]]'s Throne Speech does not mention bill, fueling speculation that bill has become a low priority for [[Stephen Harper|Harper]] government.<ref>{{cite web|url=http://michaelgeist.ca/index.php?option=com_content&task=view&id=1196&Itemid=85|title=Priorities|accessdate=2006-06-28}}</ref> |
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===Private Member’s Bill C-416 and C-285=== |
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Liberal MP Marlene Jennings re-introduced Modernization of Investigative Techniques Act as a Private Member’s Bill, Bill C-416 in March 2007 and again in February 2009, as a Private Member`s Bill, Bill C-285 <ref name=Private Members Bill C-285>[http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3], Parliament of Canada. (n.d). LEGISinfo - Private Member`s Bill C-285 (40-2). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3</ref>. |
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In both instances, Modernization of Investigative Techniques Act only received one reading before new elections were called, ending the review process of this bill.<ref name=LegisInfo, Bill C-416 & 285 Modernization of Investigative Techniques Act <ref name=Private Members Bill C-285>[http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3], Parliament of Canada. (n.d). LEGISinfo - Private Member`s Bill C-285 (40-2). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3</ref> |
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==See also== |
==See also== |
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Revision as of 16:30, 24 October 2011
Modernization of Investigative Techniques Act, Bill-C74 was first introduced in the Canadian House of Commons on November, 15, 2005
Cite error: The <ref> tag has too many names (see the help page). Introduced as a part of a package of “Lawful Access” proposals, Modernization of Investigative Techniques Act (MITA) if passed, would require telephone and internet service providers to design, create and maintain interception capabilities into existing networks and into new technologies as they are introduced into Canada. Second, it would allow law enforcement to compel telephone and internet service providers to disclose subscriber information without a warrant. Cite error: The <ref> tag has too many names (see the help page).
Under the Criminal Code Act of Canada, “Lawful Access” provisions for the interception of communications by law enforcement was first adopted in 1974Cite error: The <ref> tag has too many names (see the help page).. The Criminal Code was amended in the 1980s and again in the 1990’s to allow law enforcement the ability to search and cease computer systems Cite error: The <ref> tag has too many names (see the help page).. In 1984 the Canadian Security Intelligence Service (CSIS) Act was passed by Parliament giving law enforcement the right to lawfully intercept private communication in defense of national security Cite error: The <ref> tag has too many names (see the help page).. Supporters of MITA and other “Lawful Access” legislation, being proposed to date, believe the passage of these bills will amend current provision for “Lawful Access” in existing legislation like the Criminal Code Act and CSIS and support law enforcement to lawfully access trasmission data from new technologies like smartphonesCite error: The <ref> tag has too many names (see the help page)..
Concerns raised include:
- Creation of new surveillance powers while reducing the level of privacy protection and oversight associated with that surveillance.
- Increased burden to ISPs who would be required to retain traffic data for significant periods of time.[1]
The dissolution of Parliament on November 28th, 2005 ended all bills introduced during the 38th Parliament by the, then Liberal government, including Modernization of Investigative Techniques Act, Bill C-74 Cite error: The <ref> tag has too many names (see the help page).. Anticipating passing of this bill, however, ISPs such as Bell Sympatico have modified their various policies and agreements to contain language to the effect that they may monitor, investigate, and disclose information to satisfy laws, regulations, or government requests.
Bill C-74
- November 15, 2005: First reading
- April 4, 2006: Prime Minister's Throne Speech does not mention bill, fueling speculation that bill has become a low priority for Harper government.[2]
Private Member’s Bill C-416 and C-285
Liberal MP Marlene Jennings re-introduced Modernization of Investigative Techniques Act as a Private Member’s Bill, Bill C-416 in March 2007 and again in February 2009, as a Private Member`s Bill, Bill C-285 Cite error: The <ref> tag has too many names (see the help page)..
In both instances, Modernization of Investigative Techniques Act only received one reading before new elections were called, ending the review process of this bill.Cite error: The <ref> tag has too many names (see the help page).
See also
- Surveillance
- Public Safety and Emergency Preparedness Canada
- Cyber Security Task Force
- Canadian Internet Policy and Public Interest Clinic
References
- ^ "Summary of Submissions to the Lawful Access Consultation, Chapter 4: Comments by Industry". Retrieved 2006-06-29.
- ^ "Priorities". Retrieved 2006-06-28.
External links
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