[Advisors] From Michael Geist's blog
Gareth Shearman
shearman at victoria.tc.ca
Tue, 22 May 2012 18:36:31 -0700
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Michael Geist's Blog
How Canada's Telecom Companies Have Secretly Supported Internet =
Surveillance Legislation
Canada's proposed Internet surveillance was back in the news last week =
after speculation grew that government intends to keep the bill in =
legislative limbo until it dies on the order paper. Public Safety =
Minister Vic Toews denied the reports, maintaining that Bill C-30 will =
still be sent to committee for further study.
Since its introduction in mid-February, the privacy and law enforcement =
communities have continued to express their views on the bill, but =
Canada's telecom service providers, which include the major telecom =
carriers and Internet service providers, have remained strangely silent. =
The silence is surprising given the enormous implications of the bill =
for the privacy of their customers and the possibility of millions of =
dollars in new surveillance equipment costs, active cooperation with law =
enforcement, and employee background checks.
While some attribute the Internet surveillance silence to an attempt to =
avoid picking sides in the high stakes privacy and security battle, =
documents obtained under the Access to Information Act offer a =
different, more troubling explanation. My weekly technology law column =
notes (Toronto Star version, homepage version) in the months leading up =
to the introduction Bill C-30, Canada's telecom companies worked =
actively with government officials to identify key issues and to develop =
a secret Industry - Government Collaborative Forum on Lawful Access.
Read More ...
The secret working group includes virtually all the major telecom and =
cable companies, whose representatives have been granted Government of =
Canada Secret level security clearance and signed non-disclosure =
agreements. The group is led by Bell Canada on the industry side and =
Public Safety for the government.
The inaugural meeting, held just three weeks before Bill C-30 was =
introduced, included invitations to eleven companies (Bell Canada, =
Cogeco, Eagle, MTS Allstream, Quebecor, Research In Motion, Rogers, =
Sasktel, Telus, Vid=E9otron, and Wind Mobile) along with two industry =
associations (the Canadian Wireless Telecommunications Association and =
the Canadian Network Operators Consortium).
The secret working group is designed to create an open channel for =
discussion between telecom providers and government. As the uproar over =
Bill C-30 was generating front-page news across the country, Bell =
reached out to government to indicate that "it was working its way =
through C-30 with great interest" and expressed desire for a meeting to =
discuss disclosure of subscriber information. A few weeks later, it sent =
another request seeking details on equipment obligations to assist in =
its costing exercises.
Months before the January 2012 meeting, officials worked with the =
telecom companies to identify many concerns and provide guidance on the =
government's intent on Internet surveillance regulations, information =
that has never been publicly released.
For example, a December 2011 draft list of lawful access issues features =
questions about surveillance of social networks, cloud computing =
facilities, and Wi-Fi networks. The telecom companies raise many =
questions about compensation, such as "a formula for adequate =
compensation" for the disclosure of subscriber information as well as =
payment for testing surveillance capabilities and providing surveillance =
assistance.
At a September 2011 meeting that included Bell Canada, Cogeco, RIM, =
Telus, Rogers, Microsoft, and the Information Technology Association of =
Canada, government officials provided a lawful access regulations policy =
document that offered guidance on plans for extensive regulations that =
will ultimately accompany the Internet surveillance legislation. =20
The 17-page document indicates that providers will be required to =
disclose certain subscriber information without a warrant within 48 =
hours and within 30 minutes in exceptional circumstances. Interceptions =
of communications may also need to be established within 30 minutes of a =
request with capabilities that include simultaneous interceptions for =
five law enforcement agencies.
The close cooperation between the government and telecom providers has =
created a two-tier approach to Internet surveillance policy, granting =
privileged access and information for telecom providers. Meanwhile, =
privacy and civil society groups, opposition MPs, and millions of =
interested Canadians are kept in the dark about the full extent of the =
government's plans. The public has already indicated its opposition to =
the bill. The secrecy and backroom industry talks associated with Bill =
C-30 provides yet another reason to hit the reset button.
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<html><head></head><body style=3D"word-wrap: break-word; =
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8pt; font-weight: bold; "><h3 style=3D"font-size: 16pt; font-family: =
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margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: =
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padding-left: 0px; "><a =
href=3D"http://www.michaelgeist.ca/content/view/6505/135/" =
class=3D"contentpagetitle" rel=3D"bookmark" style=3D"color: rgb(0, 0, =
0); text-decoration: none; font-size: 15px; font-weight: bold; ">How =
Canada's Telecom Companies Have Secretly Supported Internet Surveillance =
Legislation</a></h3></td></tr></tbody></table><table =
class=3D"contentpaneopen" style=3D"padding-top: 0px; padding-right: 0px; =
padding-bottom: 0px; padding-left: 0px; margin-top: 0px; margin-right: =
-55px; margin-bottom: 0px; margin-left: 0px; width: 1072px; "><tbody =
style=3D"width: 1072px; margin-right: -55px; "><tr><td valign=3D"top" =
colspan=3D"2" style=3D"padding-top: 0px; padding-right: 0px; =
padding-bottom: 0px; padding-left: 0px; margin-top: 0px; margin-right: =
0px; margin-bottom: 0px; margin-left: 0px; ">Canada's proposed Internet =
surveillance was back in the news last week after speculation grew that =
government intends to keep the bill in legislative limbo until it dies =
on the order paper. Public Safety Minister Vic Toews denied the reports, =
maintaining that Bill C-30 will still be sent to committee for further =
study.<br><br>Since its introduction in mid-February, the privacy and =
law enforcement communities have continued to express their views on the =
bill, but Canada's telecom service providers, which include the major =
telecom carriers and Internet service providers, have remained strangely =
silent. The silence is surprising given the enormous implications of the =
bill for the privacy of their customers and the possibility of millions =
of dollars in new surveillance equipment costs, active cooperation with =
law enforcement, and employee background checks.<br><br>While some =
attribute the Internet surveillance silence to an attempt to avoid =
picking sides in the high stakes privacy and security battle, documents =
obtained under the Access to Information Act offer a different, more =
troubling explanation. My weekly technology law column notes (<a =
href=3D"http://www.thestar.com/business/article/1181910--how-canada-s-tele=
coms-quietly-backed-internet-surveillance-bill" =
mce_href=3D"http://www.thestar.com/business/article/1181910--how-canada-s-=
telecoms-quietly-backed-internet-surveillance-bill" style=3D"color: =
rgb(153, 0, 0); text-decoration: none; ">Toronto Star =
version</a>, <a =
href=3D"http://www.michaelgeist.ca/content/view/6501/159/" =
mce_href=3D"content/view/6501/159/" style=3D"color: rgb(153, 0, 0); =
text-decoration: none; ">homepage version</a>) in the months leading up =
to the introduction Bill C-30, Canada's telecom companies worked =
actively with government officials to identify key issues and to develop =
a secret <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,107/" =
mce_href=3D"component/option,com_docman/task,doc_download/gid,107/" =
style=3D"color: rgb(153, 0, 0); text-decoration: none; ">Industry - =
Government Collaborative Forum on Lawful Access</a>.<br><br><a =
href=3D"http://www.michaelgeist.ca/#" class=3D"fulltext_toggle" =
id=3D"fulltext_toggle_6505" style=3D"color: rgb(153, 0, 0); =
text-decoration: none; display: block; float: right; margin-top: 15px; =
padding-top: 0px; padding-right: 4px; padding-bottom: 0px; padding-left: =
4px; font-size: 8pt; ">Read More ...</a><div class=3D"fulltext" =
id=3D"fulltext_6505" style=3D"clear: both; display: block; "><br>The =
secret working group includes virtually all the major telecom and cable =
companies, whose representatives have been granted Government of Canada =
Secret level security clearance and signed non-disclosure agreements. =
The group is led by Bell Canada on the industry side and Public Safety =
for the government.<br><br>The <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,104/" =
mce_href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,do=
c_download/gid,104/" style=3D"color: rgb(153, 0, 0); text-decoration: =
none; ">inaugural meeting</a>, held just three weeks before Bill C-30 =
was introduced, included invitations to eleven companies (Bell Canada, =
Cogeco, Eagle, MTS Allstream, Quebecor, Research In Motion, Rogers, =
Sasktel, Telus, Vid=E9otron, and Wind Mobile) along with two industry =
associations (the Canadian Wireless Telecommunications Association and =
the Canadian Network Operators Consortium).<br><br>The secret working =
group is designed to create an open channel for discussion between =
telecom providers and government. As the uproar over Bill C-30 was =
generating front-page news across the country, Bell reached out to =
government to indicate that "it was working its way through C-30 with =
great interest" and expressed desire for a meeting to discuss disclosure =
of subscriber information. A few weeks later, it sent another request =
seeking details on equipment obligations to assist in its costing =
exercises.<br><br>Months before the January 2012 meeting, officials =
worked with the telecom companies to identify many concerns and provide =
guidance on the government's intent on Internet surveillance =
regulations, information that has never been publicly =
released.<br><br>For example, a <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,105/" =
mce_href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,do=
c_download/gid,105/" style=3D"color: rgb(153, 0, 0); text-decoration: =
none; ">December 2011 draft list of lawful access =
issues</a> features questions about surveillance of social =
networks, cloud computing facilities, and Wi-Fi networks. The telecom =
companies raise many questions about compensation, such as "a formula =
for adequate compensation" for the disclosure of subscriber information =
as well as payment for testing surveillance capabilities and providing =
surveillance assistance.<br><br>At a <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,106/" =
mce_href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,do=
c_download/gid,106/" style=3D"color: rgb(153, 0, 0); text-decoration: =
none; ">September 2011 meeting</a> that included Bell Canada, =
Cogeco, RIM, Telus, Rogers, Microsoft, and the Information Technology =
Association of Canada, government officials provided a <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,103/" =
mce_href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,do=
c_download/gid,103/" style=3D"color: rgb(153, 0, 0); text-decoration: =
none; ">lawful access regulations policy document</a> that offered =
guidance on plans for extensive regulations that will ultimately =
accompany the Internet surveillance legislation. =
<br><br>The <a =
href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,doc_do=
wnload/gid,103/" =
mce_href=3D"http://www.michaelgeist.ca/component/option,com_docman/task,do=
c_download/gid,103/" style=3D"color: rgb(153, 0, 0); text-decoration: =
none; ">17-page document</a> indicates that providers will be =
required to disclose certain subscriber information without a warrant =
within 48 hours and within 30 minutes in exceptional circumstances. =
Interceptions of communications may also need to be established within =
30 minutes of a request with capabilities that include simultaneous =
interceptions for five law enforcement agencies.<br><br>The close =
cooperation between the government and telecom providers has created a =
two-tier approach to Internet surveillance policy, granting privileged =
access and information for telecom providers. Meanwhile, privacy and =
civil society groups, opposition MPs, and millions of interested =
Canadians are kept in the dark about the full extent of the government's =
plans. The public has already indicated its opposition to the bill. The =
secrecy and backroom industry talks associated with Bill C-30 provides =
yet another reason to hit the reset button.</div><div =
class=3D"commentBlogView" style=3D"display: block; text-align: right; =
padding-top: 6px; padding-bottom: 6px; margin-top: 4px; margin-bottom: =
4px; clear: both; "><br =
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