MITA: Canada's Proposed Bill on Lawful Interception

 
Nov 16, 2005

Summary by Judith Dinowitz

Canada has proposed a bill called MITA (Modernization of Investigative Techniques Act) that would compel ISP's to give their subscribers' contact information to "designated authorities" upon request. (No mention of who those designated authorities are, but I imagine we're talking police and security people.) Michael Geist, a Canada Research Chair in Internet & E-commerce Law, University of Ottawa, Faculty of Law, comments on this proposed law in his blog. Apparently, he's not too happy with the ease of which police can request this information... He says that "law enforcement will be able to compel ISPs to disclose subscriber information, including name, address, IP address, telephone number, and cellphone numbers. It would appear that such information can be compelled without judicial oversight. The so-called rigorous oversight is basically limited to recording the requests and creating the prospect for audits on the use of this power."

I'll trust that his knowledge of law is better than mine here... The Canadian site that he uses as a source is frankly unclear over whether a judge would have to clear the request before any information was given. Regardless, Michael Geist's blog and the information on the PSEPC site (the website of the Ministry that proposed this legislation) is fascinating reading. (You should also check out PSEPC's timeline of previous legislation passed by the U.S., New Zealand and Canada.) The issue makes me more aware than ever that on the Internet, you should watch what you say, and anything may be used against me in a court of law -- especially if legislation like this one passes.

The Lawful Access Spin (Michael Geist's Blog, November 15, 2005)

Modernization of Investigative Techniques Act - Privacy considerations (PSEPC Site, November 15, 2005)

Modernization of Investigative Techniques Act - Chronology (PSEPC Site, November 15, 2005)

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