OTTAWA -- The RCMP has urged the Harper government to reintroduce a controversial bill that would force Internet service providers to turn over personal information on subscribers, arguing the lack of such legislation has already had "serious consequences" for investigations, newly released documents show.
The former Liberal government introduced a law, called the modernization of investigative techniques act, that would have ve made it easier for law-enforcement agencies to intercept Internet and wireless communications.
The "lawful access" law, as it was better known, also would have compelled telecommunications service providers such as Bell Canada and Rogers Communications to disclose the name and addresses of subscribers to authorities upon request. The bill was introduced in November 2005, but didn't pass before the last election. However, the government of Prime Minister Stephen Harper has promised to revive it, and documents obtained by Canwest News Service under the Access to Information Act confirm officials have been laying the groundwork.
Police and the Canadian Security Intelligence Service can already seek the authority to wiretap private communications through the Criminal Code, CSIS Act and other laws. But the laws were written before the emergence of the Internet and wireless technologies such as mobile phones, and in many cases the industry hasn't developed the technology to intercept such communications. The lawful access bill would have effectively forced companies to build intercept capabilities into their networks.
At present, authorities must seek a court warrant before asking service providers to cough up personal information. But under the lawful access bill, they would not have to seek judicial approval.
And rightly so, especially in light of the RCMP’s track record with ethical issues. I fail to understand why the RCMP cannot make their case in a timely matter before a justice.
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