The federal government on Thursday tabled a new version of its “lawful access” legislation that would give police new powers to pursue online data for investigative purposes while addressing some of the privacy concerns raised by the original version of the bill.
Although the new bill, C-22, still contains warrantless powers, that will be restricted to apply to demanding confirmation from telecommunication service providers of whether they have provided services to a specific person.
Production orders for additional information will be narrowed to basic identifying information like names and addresses, and will require a judicial warrant under a “reasonable” suspicion threshold.
Those orders will still apply to a broader definition of online service providers beyond internet and phone companies, however.
The new bill would also allow Canadian police to seek authority, through a court, to request transmission data or subscriber information from a foreign company like Google, Meta or OpenAI.
Government officials said during a technical briefing Thursday that nothing in the bill would be able to force those companies to share that information, however.
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Additionally, C-22 will also set requirements for “core” electronic service providers to develop and update their technical capabilities in order to align with international partners like Five Eyes allies.
For example, a provider that does not have the necessary capabilities to allow law enforcement to track cellphones of a suspected terrorist group would be required to implement that ability, subject to a ministerial order.
Those orders would be subject to approval by the federal intelligence commissioner, another update from the original version of the bill.
That earlier bill, C-2, generated controversy from the broad way it sought to implement a lawful access regime that the government and police forces across the country say is urgently needed in Canada.
They have noted Canada is the only Five Eyes partner without such powers.
Officials on Thursday used the example of a sextortion victim on Instagram going to the police for help.
Under C-22, investigators would be allowed to ask Meta for the identifying IP address of the alleged perpetrator, demand the Canadian internet provider to confirm if that person was using their services and seek a production order for the person’s name and address.
Privacy experts and advocates warned the original version would allow any company that provides online services — from internet providers to dating sites to hotels — to provide identifying information to police without a warrant.
More to come…
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