Earlier today, the Canadian Association of Chiefs of Police (CACP) issued a news release about lawful access (see below). Chief Jean-Michel (JM) Blais of Halifax Regional Police supports the position of the CACP: “As information technology has developed significantly in the past 20 years and will undoubtedly develop more so in the next 20 years, Canadian law enforcement requires judicially recognized and authorized tools to allow us to investigate crimes committed today with laws that are adapted to the current criminal landscape. At present, our capacity is hindered as the legal framework within which we work is out of date. Bill C-30 will address these concerns as it is designed to modernize the existing legislation surrounding police access to communication which is already permitted by law and at the same time introduce and tighten oversight processes with respect to these powers. I encourage citizens to learn more about lawful access by visiting www.cacp.ca and considering the public safety perspective.”
Video - Police Confirm Canadians’ Top 5 Fears About Lawful Access
Info sheet - Simplifying Lawful Access – Through the Lens of Law Enforcement (pdf document) http://www.cacp.ca/media/library/download/1243/Final_Simplifying_Lawful_Access_final_english.pdf
Canadian Association of Chiefs of Police Association canadienne des chefs de police
300 Terry Fox Drive, Unit 100, Kanata, ON K2K 0E3
Tel./Tél. (613)595-1101 - Fax/Téléc. (613) 383-0372 www.CACP.ca
FOR IMMEDIATE RELEASE
October 26, 2012
Police Confirm Canadians’ Top 5 Fears About Lawful Access
CACP Renews Appeal for Lawful Access Legislation
VANCOUVER, BC – The Canadian Association of Chiefs of Police (CACP) is launching a renewed effort to inform Canadians as they debate police authority for ‘ lawful access’, in the context of Bill CL30 – “Protecting Children from Internet Predators(Act.”
“If we stand by and do nothing, criminals will continue to exploit today’s technologies to criminally harass and threaten others and commit frauds, scams and organized and violent crimes with little fear of being caught. Canadians need the same protection against criminals that other western democracies enjoy,” stated CACP President Chief Constable Jim Chu.
Previous Canadian governments have introduced lawful access legislation only to have it ‘die on the order paper.’ The CACP is not willing to watch Bill CL30 fall victim to a similar fate.
“If we don’t take a strong stance on this issue, Canadians will not appreciate the limitations that constrain law enforcement in the cyber world. Law enforcement continues to be handcuffed by legislation introduced in 1975, the days of the rotary phone. Today we allow new technologies to be used as a safe haven for serious criminal activity, but are pulling back from using technology to prevent and investigate these serious crimes,” Chu continues.
“If the laws from the 1970s are not modernized, then organized criminals will plan their killings and kidnappings using telecommunications providers who do not build into their systems the technica ability to be monitored for the purpose of gathering evidence. Terrorists will exploit these same gaps. Victims who have been scammed or extorted over the Internet will be told the electronic footprint linking the suspect to the crime has disappeared because the telecommunications provider has no legal obligation to preserve data. If a suspect lures a child using a landline phone, basic subscriber information is available in a phone directory. But predators today don’t use old technology. The parent of a child who has been lured over the Internet will be told that the police search for their child is delayed because a warrant has to be obtained for basic subscriber information.”
"Criminal bullying is extremely concerning to all Canadians, especially the parents of young children, and Bill CL30 also provides new legislation to help police intervene and investigate cyber bullying in their early stages to prevent needless tragedy. The Bill makes it an offence to use telecommunications, including social media and the internet, to injure, alarm and harass others. " Canadians need to understand what lawful access is truly about.
The CACP has created a video entitled “Police Confirm Canadians’ Top 5 Fears About Lawful Access” which can be viewed at http://youtu.be/ymVqkugH8PU In addition, to promote informed discussion on this issue, the CACP has prepared a document entitled “Simplifying Lawful Access – Through the Lens of Law Enforcement.” It is available on the CACP website (www.CACP.ca) or directly at http://www.cacp.ca/media/library/download/1243/Final_Simplifying_Lawful_Access_final_english.pdf The document compares today’s environment to the proposed new legislation, provides answers to ‘frequently asked questions’ and includes a series of case studies describing how law enforcement uses basic subscriber information.
The CACP urges our politicians to provide police with modern tools so they can better protect Canadians from harm. Bill CL30 would achieve this. The CACP agrees with the stronger accountability and oversight provisions in CL30 that protect the public against misuse of police intercept powers. The CACP urges Members of Parliament, the media and all Canadians to review the importance of this legislation through the lens of today’s victims of crime, and the frontline law enforcement officers who are trying to prevent and investigate crimes.
Timothy M. Smith Government Relations & Communications Canadian Association of Chiefs of Police