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Lawful Access legislation
Over the past few days, even before Bill C-30 ( An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts) was tabled, our office began receiving letters from constituents opposed to the proposed legislation.
Bill C-30 requires telecommunications service providers to put in place and maintain certain capabilities that facilitate the lawful interception of information transmitted by telecommunications and to provide basic information about their subscribers to the RCMP, CSIS and the Competition Bureau in order to assist them in investigating crimes committed via telecommunications, especially the internet.
The most frequent assertion made against C-30 is that the lawful access legislation infringes on the privacy of Canadians because it allows the government to snoop and spy on what you are doing on your computer. Giving authorities access to basic subscriber information does not give them either the technical ability or the legal authority to monitor personal communications and activities.
The information that can be obtained under this legislation remains basic information, as is currently available to authorities.
Basic subscriber information would be limited to a customer's name, address, telephone number, email address, Internet Protocol (IP) address, and the name of the telecommunications service provider. It absolutely does not include the content of emails, phones calls or online activities.
Another assertion made against C-30 is that the warrant system is no longer in place and that "warrantless access" to customer information will give police and government unregulated access to our personal information.
Again, authorities will only have access to basic subscriber information limited to a customer's name, address, telephone number, email address, Internet Protocol (IP) address, and the name of the telecommunications service provider.
Accessing the actual content of communications cannot be done without a warrant and legal authorization. This is the current law and this will not change.
In fact, the legal threshold for judicial authorization will be raised in the Criminal Code to ensure the privacy of Canadians will continue to be protected and safeguarded especially as it relates to the content of emails, phones calls or online activities.
I understand the concerns that my constituents have about preserving their privacy and their concerns that authorities could potentially abuse the powers given to them.
I can assure you that in any legislation it proposes, the Government of Canada is strongly committed to maintaining the rule of law through all of its legislation and has already signalled it is prepared to make amendments to ensure this commitment is respected.
I also understand the challenges that face law enforcement and how vital it is that, as technology advances, the legal frameworks and investigative processes available to law enforcement also keep pace.
It’s about striking the right balance between public safety and the right to privacy: Bill C-30 seeks to equip police, CSIS and the Competition Bureau with the tools they need to ensure that law breakers do not exploit modern communication technologies to hide their illegal activities, while protecting the privacy rights and safety of law-abiding citizens.
Anyone wishing to read C-30 or related background information can find it at www.parl.gc.ca .
Shortly, there will also be a legislative summary provided at the same site by the Library of Parliament which analyzes the bill, clause by clause, in plain language.
Finally www.parl.gc.ca will allow you to track the debates, committee proceedings and any amendments made to the bill as it makes its way through the House of Commons and the Senate.
If you have further concerns regarding the legislation, don’t hesitate to send me an e-mail at [email protected] . I encourage everyone to stay informed and stay in touch.
Ron Cannan is the Member of Parliament for Kelowna-Lake Country
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