I, for one, welcome our new overlords.
Our Canadian brothers and sisters are going to be dealing with their
version of CALEA soon. This is a first reading of a bill in the Canadian
legislative body.
At least they address the issue of cost to ISPs; unfortunately, they
also don't believe in unnecessary restrictions on their right to
whatever they want.
start quotishness:
Unnamed so-and-so on slashdot writes "Bill C-416, recently introduced in
the Canadian Parliament, would if passed require Internet providers to
provide wiretapping facilities to law enforcement — without a warrant,
and with 'confidentiality' requirements reminiscent of the secret-spying
cases we've seen recently in the States. This new Act is a reprise of
last Parliament's C-74, which failed when the Government's term ended."
End quote.
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2793679&Language=e&Mode=1&File=99#25
SUMMARY
This enactment 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 Royal Canadian
Mounted Police, the Canadian Security Intelligence Service, the
Commissioner of Competition and any police service constituted under the
laws of a province.
Exemption order by Governor in Council
30. (1) The Governor in Council may, on the recommendation of the
Minister and the Minister of Industry, make an order exempting any class
of telecommunications service providers from all or part of the
obligations under any of sections 6, 9 to 11, 17, 18 and 28 or under any
regulations made for the purposes of those sections.
onsiderations
(2) Before making an order, the Governor in Council shall consider
(a) the extent to which the exemption would adversely affect national
security or law enforcement;
(b) whether the telecommunications service providers can comply with the
obligations from which they would be exempted;
(c) whether the costs of compliance with those obligations would have an
unreasonable adverse effect on the business of the telecommunications
service providers; and
(d) whether compliance with those obligations would unreasonably impair
the provision of telecommunications services to Canadians or the
competitiveness of the Canadian telecommunications industry.
31. (1) The Governor in Council may, on the recommendation of the
Minister, make regulations for carrying out the purposes and provisions
of this Act and prescribing anything that is to be prescribed under this
Act, including regulations
(a) respecting obligations under subsection 6(1), including specifying
the time, manner and form in which they must be performed and the
circumstances in which they do not apply or need not be performed;
(b) requiring telecommunications service providers to specify the
locations where intercepted communications will be provided and
governing which locations may be so specified;
(c) respecting the operational requirements referred to in section 7,
including matters of time, manner and form in relation to them and the
circumstances in which they do not apply or need not be met and, for the
purposes of paragraph 7(d),
(i) providing for the minimum number and maximum number of simultaneous
interceptions or the manner of determining them,
(ii) prescribing what is to be counted as a single interception,
(iii) governing requests to increase the number of those interceptions,
including the circumstances in which requests may be made, the manner of
making them and the duration of the increases, and
(iv) respecting the maximum number of agencies for which a
telecommunications service provider is to simultaneously enable
interceptions;
(d) for the purposes of subsection 15(3), prescribing matters that the
Minister is to consider in deciding what amount is reasonable or what
expenses are necessary;
(e) for the purposes of sections 17 and 18, respecting the making of
requests and the provision of information under those sections, including
(i) specifying information that is to be provided with respect to name,
address or other identifiers, the manner of — and time for — providing
it and the circumstances under which particular information is to be
provided,
(ii) prescribing those other identifiers, and
(iii) prescribing any confidentiality or security measures with which
the telecommunications service provider must comply in providing that
information;
(f) for the purposes of section 24, respecting the assessment and
testing of telecommunications facilities and transmission apparatus; and
(g) for carrying out sections 34 to 49, including
(i) designating any provision of this Act or of any regulation, or any
order or class of orders made under this Act or any requirement or
condition of such a provision or order or class of orders — or class of
such requirements or conditions — as a provision, order, requirement or
condition whose contravention may be proceeded with as a violation,
(ii) prescribing the maximum administrative monetary penalty for a
particular violation, which maximum may not exceed $50,000, in the case
of an individual, and $250,000, in any other case,
(iii) prescribing criteria to be taken into account in determining the
amount of a proposed penalty,
(iv) respecting compliance agreements referred to in subsection 38(3),
(v) respecting the service of notices referred to in those sections,
including the manner of serving them, the proof of their service and the
circumstances under which they are deemed to have been served, and
(vi) respecting procedure on appeals, which procedure must provide for a
reasonable opportunity for the appellant to present written evidence and
make representations in writing.
Regulations may be limited or vary
(2) Regulations made under subsection (1) may apply generally or to
particular classes of telecommunications service providers and may vary
by class of telecommunications serv-ice provider, by class of
telecommunications service provided, by class of telecommunications
facility or according to the population of the region in which a
telecommunications facility of a given class is located.
33. (1) An inspector may, for the purposes for which the inspector is
designated,
(a) enter and inspect, at any reasonable time, any place owned by, or
under the control of, any telecommunications service provider in which
the inspector believes on reasonable grounds there is any document,
information, transmission apparatus, telecommunications facility or
other thing relevant to the enforcement of this Act;
(b) examine any document, information or thing found in the place and
open or cause to be opened any container or other thing for those purposes;
(c) examine or test or cause to be tested any telecommunications
facility or transmission apparatus or related equipment found in the place;
(d) use, or cause to be used, any computer system at the place to search
and examine any information contained in or available to the system;
(e) reproduce, or cause to be reproduced, any information in the form of
a printout, or other intelligible output, and remove the printout, or
other output, for examination or copying; or
(f) use, or cause to be used, any copying equipment or means of
telecommunications at the place.
And so forth. Legalese gives me a sore tummy and a headache.
--
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