A new Bill presented by Public Safety Minister MP Vic Toews is generating considerable controversy for its methods in targeting those who would use the internet for criminal activity.
The “Protect Children from Internet Predators Act”, if passed, would allow law enforcement and intelligence agencies to ask internet service providers to disclose information about their users.
The user information would include name, address, phone number, email address, internet provider, and internet protocol address (which tells the internet where to send data).
“It essentially means that, without a warrant, the RCMP or other authorities could tap your internet connection or mobile device,” said John Shoff, owner of Reality Bytes.
The information could be used to give a complete breakdown of everything a user does on the internet. From what sites they visited to how many hours they spent playing Call of Duty Modern Warfare 4.
For Shoff, and other internet service providers (ISP) and mobile providers in Canada, Bill C-30 would have huge implications. Each ISP or mobile provider would be required to store the data regarding each users internet or mobile traffic for 90 days. The cost, for some, would be high.
“It’s all at our cost. We would be responsible to collect that data. You would need the server capacity and speed to store that information,” said Shoff. “The cost for the larger ISP’s could be in the millions.”
There are also some unanswered questions about different situations.
“If you have wireless internet at your house and you leave it open and someone else uses it, could you be facing a federal crime? If you have some sort of malware or virus that you don’t know about that causes issues, what happens then?” asked Shoff.
However, the core of the issue is privacy and if authorities need the powers outlined in the Bill to fight crime.
“It’s extreme and seems completely unnecessary for what the intent is. It’s a complete infringement of our rights,” said Shoff. “A lot of things the authorities need to do can be done, they just need a warrant. That’s the way it should be done. It’s more steps and may be frustrating to the police, but that’s the point of the system, to have oversight.”
On the other hand, the current lawful access law (what the new bill essentially is) dates back to 1975, years before the internet was invented.
“There are so many technological advances, the act would allow us to catch up,” said Staff Sergeant Art Hopkins of the Drumheller RCMP Detachment. “If we get the information more quickly, it’ll help us combat new crimes.”
The problem with the current law is how long it can take to get a warrant in situations where time is of the essence.
“What people don’t understand is what it takes to get a warrant. People believe, from watching TV, that it’s easy,” said Staff Sergeant Hopkins. “For a drug investigation it could take months to gather information. It would improve our ability to gather the information.”
Some examples of the crimes that could be fought with the bill include bullying via mobile or internet, fraud, and drugs. Delays in getting the information can mean the difference between a conviction or not.
With the bill requiring ISP’s and mobile providers to store information, another problem would be remedied.
“You’re getting threats and you’re expecting the police to deal with it. First we need a warrant, which takes time. Then when we have one, the company says they don’t keep that information. We don’t know who it is and we can’t recover any of the information,” explained Staff Sergeant Hopkins.
Gathering the information would have limitations.
“Is it going to be something members can do at the drop of a hat? No,” assured Staff Sergeant Hopkins.
For the Drumheller RCMP Detachment and others around the country the laws need a fresh look.
“There are so many different aspects to the bill. In my opinion, it’s something we need to fight the crime that’s out there today,” said Staff Sergeant Hopkins.
In Drumheller, the most prevalent issue that can be stopped are drug deals according to Staff Sergeant Hopkins.
However, Crowfoot MP Kevin Sorensen, as described in the Wednesday, February 29, edition of The Drumheller Mail, assured residents that Bill C-30 would only target child pornography and would require a warrant.
Should the bill pass, that fight would be easier, but, for some, the price is too high.
