Lawful Access Concerns Gathering Steam

The Conservative government first introduced “lawful access” legislation in three bills in late October and early November of last year. The bills’ aim was to amend the Criminal Code to give law enforcement authorities new investigative powers for computer-related crimes and to use new communications technologies for that purpose. With a Conservative majority in place, that legislation appears likely to pass. Opposition to Bill C-51, however, is also gathering momentum. 

Opposition has taken the form of Op-Ed pieces, (NDP MP Charlie Angus’) letter to Public Safety Minister Vic Toews and an online petition, Stop Online Spying, launched by OpenMedia.ca on Wednesday. The petition currently has over 37,60o signatures and continues to grow.

The bill is controversial because it would allow law enforcement authorities to access Internet Service Providers (ISP) customer information without court-ordered warrants. It would also extend police’s investigative powers, currently restricted to telephones, to all means of telecommunications.

Opponents argue that such legislation would compromise Canadians’ right to online privacy as well as increase consumers’ internet costs. They claim that C-51 would require ISPs to disclose customer information to law enforcement without court orders and they would also have to invest in new technologies which would facilitate this ”real-time surveillance” of their networks. Such investment costs would be passed onto consumers.