[AfrICANN-discuss] Surveillance law could close small ISPs: Lawyer

[Anne-Rachel Inné]

 Surveillance law could close small ISPs: Lawyer
http://www.itworldcanada.com/news/surveillance-law-could-close-small-isps-lawyer/144316

By:  Howard Solomon<http://www.itworldcanada.com/user/Profile.aspx?UserName=Howard%20Solomon>
 On: *16 Nov 2011* For: *Network World Canada* [image: Creator]
 Canadian Internet providers say they could be in financial trouble if they
have to buy equipment to comply with the government's expected surveillance
act
  The Conservative government’s anticipated lawful Internet
access<http://www.itworldcanada.com/news/carriers-anxious-for-lawful-access-regulations/144137>law
could financially wipe out small Canadian Internet service providers,
warns a lawyer for a group ISPs

Assuming it will be the same act introduced in the last Parliament, “this
isn’t going to be sustainable,” Chris
Tacit<http://www.itworldcanada.com/tag/chris-tacit>,
who acts for the Canadian Network Operators Consortium (CNOC), said
Wednesday during a regulatory panel discussion at a conference in Toronto
for independent ISPs.

“If a smaller ISP has to make major network changes it could be game over.”

The government has to face the possible economic impact for ISPs of all
sizes, he added, but “crucial” for small service providers.

Tacit was supported by others on the panel.

The act “dramatically changes the world you live in right now,” said University
of Ottawa Internet law professor Michael
Geist.<http://www.michaelgeist.ca/>“It turns you into highly regulated
bodies, but regulated by law
enforcement.”

Jonathan Daniels, vice-president of regulatory law at BCE Inc., which owns
Bell Canada [TSX, NYSE: BCE], said the carrier wants to see the final act
and the accompanying regulations, which might outline government
compensation for complying with the act. Regulations weren’t published when
the proposed act was introduced in the last parliament.

 “We have big concerns about the capital requirements” for equipment,
Daniels, said as well for possible high annual operating costs of
maintaining a real-time data surveillance system across the country.

The Investigating and Preventing Criminal Electronic Communications Act
(numbered Bill C-52 <http://www.itworldcanada.com/tag/c-52>) was introduced in
the last parliament but died when the May election was called.

The Harper government, which now has a majority, says its crime-related
legislation will be re-introduced. It already started with an omnibus bill
consolidating several pieces of legislation. Geist believes the lawful
access <http://www.itworldcanada.com/tag/lawful-access> act will be
re-introduced into Parliament before the end of the year.

The law would give law enforcement agencies lawful access to certain
subscriber information without a judicial warrant. Again, assuming the
proposed act isn’t changed,

within six months of coming into effect service providers would have to
report to police what their networks look like and their real-time data
surveillance capabilities. Law enforcement agencies would have the power to
test a provider’s surveillance capabilities.

ISPs may have to add deep packet inspection (DPI) appliances to their
networks, Geist warned, to meet the data surveillance requirements.
Government may give ISPs three years to buy necessary equipment, he added.

The law would also create a series of new judicial orders forcing ISPs to
preserve customer information for an investigation.

The OpenMedia.ca consumer group has created a Web campaign called Stop
Online Spying <http://stopspying.ca/> to protest the proposed law.

Panelist Steven Anderson, who heads OpenMedia.ca, said a letter of concern
from ISPs to members of parliaments “would be really powerful.”

“I think ISPs are concerned about the extent to which they are forced to be
complicit in matters of state surveillance,” Tacit added, “and there needs
to be a careful balance. I don’t think ISPs want to be perceived as arms of
law enforcement and national security. We need to be concerned about the
balance in this legislation.”

However, Geist warned “we’re going to get smoked” if the debate is merely
about getting the right balance of privacy and security in the legislation.
“I don’t see this government as being particularly receptive to that
argument. Cabinet members may be more receptive, he added, to an argument
from independent ISPs that the legislation puts their financial survival on
the line.








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