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OTTAWA -- A new bill would allow police forces to demand that Internet
service providers hand over identifying information on their customers without
a warrant, including e-mail addresses, telephone numbers and Internet locators
known as IP addresses.
The provision is included in a federal bill that would require telecommunications
companies to "build in" the capacity to intercept e-mail, Web surfing
and telephone activity of thousands of individuals at a time.
Privacy advocates say the bill goes too far in building surveillance
machinery without enough safeguards to protect the privacy of innocent people.
Deputy Prime Minister Anne McLellan argued that the bill will merely update
existing law so that organized criminals and child pornographers can be placed
under surveillance. She noted that court orders are still required before the
police can conduct wiretaps on someone's phone or Internet communications.
But one provision, which would require Internet companies to hand over a variety
of identifying information about subscribers, was attacked yesterday as giving
police too much latitude to snoop into Canadians' private lives.
The information includes telephone numbers, addresses, e-mail addresses and
IP addresses, which can identify a person's computer to the operator of a website
that the person is viewing.
"There are no limits on it," said New Democratic MP Joe Comartin,
the party's justice critic. "I don't think they should be entitled to ask
for that unless it's part of an investigation and it should be authorized, as
part of that investigation, through a judicial warrant."
Public Safety officials said the bill also prevents Internet companies from
revealing how often the police request such information, although they said
that the police must keep records and privacy commissioners will be able to
review them.
That is a lower level of safeguard than exists for intercept warrants, however.
The government must report how many such court orders are authorized each year;
seizure warrants are made public after they are executed unless they have been
sealed by a court.
The bill would require telecommunications companies across the country to build
in capacity that, when combined, would be enough to conduct round-the-clock
monitoring of the Internet or telephone communications of more than 8,000 people
at a time.
The police can already obtain warrants to intercept e-mail and other electronic
communication, but the companies that provide services such as e-mail are not
always able to do the taps and transmit the intercepted communications to police
as it occurs.
Ms. McLellan defended the bill.
"First of all, it's not a vast system. In fact, we are well behind other
nations to which we regularly compare ourselves as it relates to the ability
for law enforcement to intercept certain kinds of new technologies," she
said.
Public Safety officials said that there have been "numerous" cases
in which police investigations were blocked because Internet companies could
not conduct taps, but they said they didn't have statistics on how often that
has happened.
Mr. Comartin said that if the Canadian government were serious about combatting
child pornography, it would enact tougher laws so that Internet service providers
can act to prevent it.