For those who have not followed the issue, lawful access envisions creating significant new network surveillance powers that would be embedded directly in the network. Moreover, ISPs would be required to retain traffic data for significant periods of time. Not only does the proposal (at least as it was presented privately to several groups in the spring) create new surveillance powers, but it actually reduces the level of privacy protection and oversight associated with that surveillance. For example, one proposal floated in the spring would require ISPs to disclose subscriber information within 30 minutes to law enforcement authorities on a 24 hour, 7 day per week basis. Incredibly, law enforcement authorities could make such a request with only a phone call under certain circumstances. No judicial oversight. No advance paperwork. No privacy.(Michael Geist)
Michael Geist: Here comes Lawful Access
Michael Geist holds the Canada Research Chair in Internet & E-commerce Law at the University of Ottawa. His concerns over Justice Minister Irwin Cotler's recent moves to implement "lawful access" legislation -- along with any public debate about the legislation itself -- have flown under the media radar, with only a few recent editorial exceptions.
