Modernization of Investigative Techniques Act
Modernization of Investigative Techniques Act, Bill-C74 was first introduced in the Canadian House of Commons on November, 15, 2005Cite 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 warrantCite 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 systemsCite error: The <ref> tag has too many names (see the help page).. In 1984 the Canadian Security Intelligence Service Act was passed by Parliament giving law enforcement the right to lawfully intercept private communication in defense of national securityCite error: The <ref> tag has too many names (see the help page).. Supporters of Modernization of Investigative Techniques Act 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 Canadian Security Intelligence Service Act and support law enforcement to lawfully access trasmission data from new technologies such as 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-74Cite 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-285Cite 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 billCite 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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