The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Saturday, April 05, 2008

Dispute over costs holds up plan to reintroduce Internet policing legislation 

It appears that "lawful access" is in the news again, at least with respect to the debate over who is to pay for forcing telcos to build intercept capabilities into their systems:

Dispute over costs holds up plan to reintroduce Internet policing legislation

The Harper government's plans to reintroduce legislation that would make it easier for law-enforcement agencies to monitor Internet and wireless communications have been held up by a dispute with industry over who should cover the costs, according to documents obtained by Canwest News Service.

The former Liberal government introduced a law, called the Modernization of Investigative Techniques Act, that would have compelled telecommunications service providers such as Bell Canada and Rogers Communications to disclose personal subscriber information to authorities upon request. The Conservative government has been working on a new version of the law, which was introduced just days before the Liberal government fell in November 2005.

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, mobile phones and handheld computers, and in many cases the industry hasn't developed the technology to intercept such communications.

The "lawful access" law, as it is better known, would have effectively forced companies to build intercept capabilities into their networks....

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