Modernization of Investigative Techniques Act

Modernization of Investigative Techniques Act

Modernization of Investigative Techniques Act, Bill-C74 was first introduced in the Canadian House of Commons on November, 15, 2005.[1] 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.[2]

Contents

Background

Under the Criminal Code of Canada Act, “lawful access” provisions for the interception of communications by law enforcement was first adopted in 1974.[3] The Criminal Code was amended in the 1980s and again in the 1990s to allow law enforcement the ability to search and cease computer systems.[4] 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 security.[5] 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 and Canadian Security Intelligence Service Act and support law enforcement to lawfully access trasmission data from new technologies such as smartphones. [6]

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.[7]

The dissolution of Parliament on November 28th, 2005 ended all bills introduced during the 38th Parliament by the, then Liberals government, including Modernization of Investigative Techniques Act, Bill C-74.[8] 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.

  • April 4, 2006: Prime Minister's Throne Speech does not mention bill, fueling speculation that bill has become a low priority for Harper government.[9]

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.[10] In both instances, Modernization of Investigative Techniques Act only received one reading before new elections were called, ending the review process of this bill[11]

Bills C-50, C-51 and C-52

During the 40th Parliament, 3rd Session, a series of lawful access bills were introduced by the Harper Government:

  • C-50: Improving Access to Investigative Tools for Serious Crimes Act[12]
  • C-51: Investigative Powers for the 21st Century Act[13]
  • C-52: Investigating and Preventing Criminal Electronic Communications Act[14]

The introduction and first reading of these bills was completed on November 1, 2010; the review process for all three bills ended with the dissolution of Parliament on March 26, 2011.

During the 2011 election campaign, Prime Minister Stephen Harper promised to combine the Justice bills introduced prior to the dissolution of Parliament into one all-encompassing crime bill[15]. This bill, known as the Safe Streets and Communities Act (Bill C-10), was introduced on September 20, 2011 and received its second reading and referral to the Standing Committee on Justice and Human Rights on September 28, 2011[16]; however, the provisions relating to lawful access previously found in Bills C-50, C-51 and C-52 are not included in Bill C-10, and there is no mention of lawful access in this new bill.[17]

See also

References

  1. ^ "LEGISinfo - House of Government Bill C-74". Government of Canada. http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Mode=1&billId=3997477&Language=E. Retrieved 24 October 2011. 
  2. ^ Geist, Michael. "The Lawful Access Spin". http://www.michaelgeist.ca/content/view/1009/125/. Retrieved 24 October 2011. 
  3. ^ "Lawful Access - Consultation Document - Summary of Submissions to the Lawful Access Consultation". http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html. Retrieved 24 October 2011. 
  4. ^ "Lawful Access - Consultation Document - Summary of Submissions to the Lawful Access Consultation". http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html. Retrieved 24 October 2011. 
  5. ^ "Lawful Access - Consultation Document - Summary of Submissions to the Lawful Access Consultation". http://www.justice.gc.ca/eng/cons/la-al/sum-res/faq.html. Retrieved 24 October 2011. 
  6. ^ [Retrieved from http://www.cbc.ca/news/canada/story/2005/11/15/surveillance051114.html "New Survelliance Bill Introduced"]. Retrieved from http://www.cbc.ca/news/canada/story/2005/11/15/surveillance051114.html. Retrieved 24 October 2011. 
  7. ^ "Summary of Submissions to the Lawful Access Consultation, Chapter 4: Comments by Industry". http://canada.justice.gc.ca/en/cons/la_al/summary/4.html. Retrieved 2006-06-29. 
  8. ^ "Paul Martin's Government Topples". http://archives.cbc.ca/politics/prime_ministers/clips/13118/. Retrieved 24 October 2011. 
  9. ^ "Priorities". http://michaelgeist.ca/index.php?option=com_content&task=view&id=1196&Itemid=85. Retrieved 2006-06-28. 
  10. ^ "LEGISinfo - Private Member's Bill C-285 (40-2)". http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3. Retrieved 24 October 2011. 
  11. ^ "LEGISinfo - Private Member's Bill C-285 (40-2)". http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3627149&Language=E&Mode=1&View=3. Retrieved 24 October 2011. 
  12. ^ [1], Parliament of Canada. (n.d). LEGISinfo - House Government Bill C-50 (40-3). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=4729969
  13. ^ [2], Parliament of Canada. (n.d). LEGISinfo - House Government Bill C-51 (40-3). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=4740078
  14. ^ [3], Parliament of Canada. (n.d). LEGISinfo - House Government Bill C-52 (40-3). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=4740136
  15. ^ [4], The Globe and Mail. (April 8, 2011). The Globe and Mail - Conservative majority would hustle crime bills into law all at once. Retrieved from http://www.theglobeandmail.com/news/politics/conservative-majority-would-hustle-crime-bills-into-law-all-at-once/article1975719/
  16. ^ [5], Parliament of Canada. (n.d). LEGISinfo - House Government Bill C-10 (41-1). Retrieved from http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Mode=1&billId=5120829&Language=E
  17. ^ [6], CBC Radio Canada. (Sept. 21, 2011). Full Interview: David Fewer on Lawful Access. Retrieved from http://www.cbc.ca/spark/2011/09/david-fewer-on-lawful-access/

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