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Lawful Access: Surveillance Bill's Cost Worries Telecom Providers

Lawful Access Telecoms Online Surveillance

First Posted: 02/17/2012 7:59 am Updated: 02/17/2012 10:37 am

UPDATE: A section of the Conservative government's proposed online surveillance law would create a team of "inspectors" who would be allowed virtually unfettered access to Internet providers' networks without a warrant, according to a news report Friday.

Section 34 of the bill states that "government agents may enter an ISP when they wish, without a warrant, and demand to see absolutely everything — including all data anywhere on the network — and to copy it all," the CBC's Terry Milewski reports.

Milewski notes that Section 33 of the bill allows the Public Safety minister to "designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act."

Writes Milewski: "So we're not talking about police officers necessarily. We're talking about anyone the minister chooses — or any class of persons. (Musicians? Left-handed hockey players? Members of the Conservative Party? Sure, that's absurd — but the bill allows it...)"

Milewski described the provisions as "Orwellian."

OTTAWA - The government's online surveillance bill — already hitting snags over privacy — is raising concerns among Internet providers about who'll pick up the tab.

The legislation would allow authorities access to Internet subscriber information — including name, address, telephone number and email address — without a warrant.

It would also require telecommunication service providers to have the technical capability to enable police and spies to intercept messages and conversations.

The price tag for carriers could be significant, and it's unclear what kind of compensation will be offered, said Bernard Lord, president of the Canadian Wireless Telecommunications Association.

"These new undertakings could generate significant costs, and the question remains whether the government will compensate those costs," Lord said in an interview.

The association represents companies including Bell Canada, Rogers Communications and Telus, which provide wireless services to millions of Canadians.

"I don't think we should ask law-abiding citizens that are using Internet services or wireless services to pay more on their bills because the government decides that the police needs extra tools to investigate," Lord said.

The government says the legislation contains provisions that would "minimize the cost to service providers" when fulfilling their obligations.

The bill requires the new interception capabilities to be included only in newly installed equipment. In addition, there would be an 18-month transition period allowing providers adding new equipment and services time to plan, test and integrate the needed features.

There would also be compensation to telecommunications providers for providing police and the Canadian Security Intelligence Service basic subscriber information, and for technical support to authorities performing interceptions.

Meetings to discuss compensation are planned over the next several weeks with officials from the departments of Public Safety, Justice and Industry, said Tom Copeland, chairman of the Canadian Association of Internet Providers, which represents small- and medium-sized companies.

"The feeling of the association is that if the government wants this capability then it's up to the government to carry the cost," Copeland said.

"Certainly we don't have any details on things like the cost, the potential compensation. So as a result we don't know what the impact might be on us financially or ultimately on our customers."

Copeland, who runs an Internet provider in Cobourg, Ont., said he's skeptical the bill is even necessary.

"There's been no demonstrable proof that it's needed," he said.

"It's hard to imagine that we need this overarching new piece of legislation to help them."

Copeland said he's had only one request from authorities for a customer's name and address in the 17 years he's been in business.

"I may go another 17 years before I get another request. The value in this is questionable when you consider that, even for a small provider like myself, I may be forking out tens of thousands of dollars to become compliant."

Under fire from opponents — including some Conservative backbenchers — concerned about the bill's implications for personal privacy, the government has promised to send it directly to committee, skipping second reading in the House of Commons, for a wide-ranging review.

During question period Thursday, Liberal MP Ralph Goodale pressed the government to commit to full and open hearings.

Public Safety Minister Vic Toews said that "amendments can be considered, and will be considered, by the committee, whether they are within the scope of the legislation or outside the scope of the legislation. It is a very broad referral."

Liberal MP Sean Casey tried to make a point about the bill's potential intrusiveness by using the Commons question paper to demand information about websites Toews and Justice Minister Rob Nicholson visited on their government-issued devices during the first two weeks of February.

Indeed, Toews has faced pointed and personal criticism for leading the federal charge on the bill, with an anonymous Twitter user dishing out salacious details of the minister's divorce proceedings this week.

On Thursday, the popular social media site featured a deluge of Tweets labelled #TellVicEverything.

Tweeted one user: "I spend a lot more work hours than I should on Twitter — but you probably already knew that."

  • What's In Online-Snooping Bill

    Like similar legislation introduced in the past by both Conservative and Liberal governments, the new bill includes provisions that would: <em>With files from CBC</em> (Shutterstock)

  • Warantless Online Info

    Require telecommunications and internet providers to give subscriber data to police, national security agencies and the Competition Bureau without a warrant, including names, phone numbers and IP addresses. (CP)

  • Back Door Access

    Force internet providers and other makers of technology to provide a "back door" to make communications accessible to police. (Getty)

  • Location, Location, Location

    Allow police to get warrants to obtain information transmitted over the internet and data related to its transmission, including locations of individuals and transactions. (Alamy)

  • Preserve Data

    Allow courts to compel other parties to preserve electronic evidence. (Alamy)

  • New Bill Is Different

    However, unlike the most recent previous version of the bill, the new legislation: (Alamy)

  • Less Data

    Requires telecommunications providers to disclose, without a warrant, just six types of identifiers from subscriber data instead of 11. (Alamy)

  • Oversight

    Provides for an internal audit of warrantless requests that will go to a government minister and oversight review body. Minister of Public Safety Vic Toews is pictured. (CP)

  • Review After 5 Years

    Includes a provision for a review after five years. (Alamy)

  • More Time To Implement

    Allows telecommunications service providers to take 18 months instead of 12 months to buy equipment that would allow police to intercept communications. (Alamy)

  • Expanded Definitions

    Changes the definition of hate propaganda to include communication targeting sex, age and gender. (Alamy)

FOLLOW HUFFPOST CANADA BUSINESS

UPDATE: A section of the Conservative government's proposed online surveillance law would create a team of "inspectors" who would be allowed virtually unfettered access to Internet providers' networks...
UPDATE: A section of the Conservative government's proposed online surveillance law would create a team of "inspectors" who would be allowed virtually unfettered access to Internet providers' networks...
Filed by Daniel Tencer  | 
 
 
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HUFFPOST SUPER USER
Kristopher Leang
training to take down the elite
10:52 PM on 02/17/2012
im writing to tell bell that i will be immediately leaving their services if the bill passes and they support this
This user has chosen to opt out of the Badges program
11:22 AM on 02/20/2012
What do you think they do NOW at this moment?
Bell that is?
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HUFFPOST SUPER USER
Kristopher Leang
training to take down the elite
03:17 PM on 02/20/2012
prolly starting some lobbying, the cost would be transferred on them, and then us. if they have a vested interest and may lose money, you better belief Canada's largest telecommunications company is doing something.
08:19 PM on 02/17/2012
My grandparents on both sides of my family fought for our freedoms in the second world war . This kind of legislation literaly spits in their faces . I'm not sure how many of you out their that themselves or their family fought for our freedoms in the 2nd world war, apparently it didn't matter to the present government .
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05:08 PM on 02/17/2012
I mean, I can't even imagine people like CanadaStan and turkeylurkey supporting an evil piece of legislation like this.
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HUFFPOST SUPER USER
Kristopher Leang
training to take down the elite
10:50 PM on 02/17/2012
ironically they are silent on the most heinous of conservative transgressions against our rights
This user has chosen to opt out of the Badges program
11:24 AM on 02/20/2012
your provider is spying on you already...
This user has chosen to opt out of the Badges program
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05:06 PM on 02/17/2012
Has anyone in the past ever imagined that something like this would ever be passed in a country like Canada?

A $1000 to you if you did.
06:58 PM on 02/17/2012
Not surprised at all. Many of us researched Harper's public utterances and political philosophy and came to understand that his political stance is clearly fascist and that his intention is an oligarchy in Canada. He is well on his way. Interesting reading in http:://canadiandimension.com/articles/4486/ or the book Harperlanfd.
This user has chosen to opt out of the Badges program
04:31 PM on 02/20/2012
OLIGARCHY =liberal talk.
My, oh MY
This user has chosen to opt out of the Badges program
04:28 PM on 02/20/2012
In the world?
The way things -" waves" are going YES.
computer, TV, phones, and more ...
YES
03:28 PM on 02/17/2012
Can Mr Toews or anyone here explain how this is considered focusing on the economy? Would this not cost us more?
I thought they meant they would be making improvements to the economy, not focusing on destroying the economy. See what happens when reporters are not allowed to ask diva PM's any real questions during an election campaign.
HUFFPOST SUPER USER
Language Learner
01:37 PM on 02/17/2012
How abut investing in our road, schools and our infrastructure instead? Stop this nonsense with trying to militarize everything, we are all brothers and sisters of the human race. Let's all work together to create a positive bright future for all.

It would only take 300 billion to eradicate poverty from this planet yet the world spends over a trillion dollars on military and surveillance programs each year.

Our so called leaders need to learn wisdom, is there such a school we can send them to?
12:56 PM on 02/17/2012
PLEASE Sign & SHARE www.openmedia.ca/StopSpying - Stop Harper and the police from spying on your Internet without a warrant from a judge.
09:38 AM on 02/17/2012
How about making it up to them by giving them control of 90% of the market. Already did that? Damn...
HUFFPOST SUPER USER
samseed
09:18 AM on 02/17/2012
Its all about control. Some people think that they need the government to take care of them and make their decisions for them. Most of us can govern ourselves just fine and be good people. The Harper government can stay out of my life.
HUFFPOST COMMUNITY MODERATOR
canobserv
10:39 AM on 02/17/2012
the harper government will end up being the most intrusive one we have ever known
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HUFFPOST SUPER USER
working onit
Stop Harper
09:10 PM on 02/19/2012
I think it has more to do with manufactured fear. We absorb the propaganda that we should fear our fellow citizens and rely on the government for protection. Statistics tell a different story.
HUFFPOST COMMUNITY MODERATOR
canobserv
08:31 AM on 02/17/2012
Does this government EVER actually think things through...or listen to ANYONE who might have an informed opinion on any subject?????
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HUFFPOST SUPER USER
working onit
Stop Harper
09:11 PM on 02/19/2012
Sadly I have come to believe there really was a hidden agenda. They know exactly where they want to take this country.
HUFFPOST COMMUNITY MODERATOR
canobserv
06:59 AM on 02/20/2012
I always thought the "hidden agenda" thing was a conspiracy theory...an overreaction.....I'm afraid I agree with you...
08:21 AM on 02/17/2012
no comments alowed
08:16 AM on 02/17/2012
Any cost put on ISP will be turn down to customer...

We will have to pay to get spied against!

I really love this new world order... (sarcasm)
12:33 PM on 02/17/2012
You are so right fanned and faved.