Lawful Access

WHEREAS privacy is being eroded and surveillance increased both nationally and internationally since 911; AND WHEREAS the Government of Canada has revived its 1992 Lawful Access Consultation Document in a recent series of consultations with the ostensible aim of updating law enforcement and national security capabilities to deal with new technologies; AND WHEREAS the proposals would give law enforcement agencies the power, without judicial review, to compel service providers to store and save existing data specific to a transaction or client; AND WHEREAS the proposals would allow law enforcement or national security representatives to compel service providers, including libraries which have only a partial exemption, upon written or oral request and without judicial review, to provide personal information about specific individual subscribers, including an individuals name, contact information and dynamic IP address; AND WHEREAS the proposals would substantially erode existing safeguards that limit access to personal information by law enforcement and national security agencies; AND WHEREAS no empirical data has been provided to justify the proposed measures; AND WHEREAS the consultation process has not provided adequate opportunity for public participation and debate, unlike its close co-operation between the government and the telecommunications industry: THEREFORE BE IT RESOLVED that the UBCM urge the Minister of Justice to conduct a broad public consultation on the impact of the Lawful Access proposals, in order to ensure that police have the ability to lawfully intercept new technology communications and search and seize data to effectively carry out investigations and support prosecutions of crimes, while also ensuring that the privacy interests of Canadians are properly protected.