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Surveillance law could close small ISPs: Lawyer
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<span class="grey"><a href="http://www.itworldcanada.com/news/surveillance-law-could-close-small-isps-lawyer/144316">http://www.itworldcanada.com/news/surveillance-law-could-close-small-isps-lawyer/144316</a><br><br>
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<a class="altLink" href="http://www.itworldcanada.com/user/Profile.aspx?UserName=Howard%20Solomon">Howard Solomon</a>
<span class="grey"> On: <strong>16 Nov 2011</strong> For: <strong>Network World Canada</strong></span> <img src="http://www.itworldcanada.com/arca/img_new/creators/logoSm-NW.gif" alt="Creator" title="Creator"><br>
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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
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<div id="postbody" rel="1" style="display: block;">The Conservative government’s anticipated <a href="http://www.itworldcanada.com/news/carriers-anxious-for-lawful-access-regulations/144137" target="_blank">lawful Internet access</a> law could financially wipe out small Canadian Internet service providers, warns a lawyer for a group ISPs <p>
Assuming it will be the same act introduced in the last Parliament, “this isn’t going to be sustainable,” <a class="articleHighlight" href="http://www.itworldcanada.com/tag/chris-tacit">Chris Tacit</a>,
who acts for the Canadian Network Operators Consortium (CNOC), said
Wednesday during a regulatory panel discussion at a conference in
Toronto for independent ISPs.</p> <p>“If a smaller ISP has to make major network changes it could be game over.”</p> <p>The
government has to face the possible economic impact for ISPs of all
sizes, he added, but “crucial” for small service providers.</p> <p>Tacit was supported by others on the panel.</p> <p>The act “dramatically changes the world you live in right now,” said <a href="http://www.michaelgeist.ca/" target="_blank">University of Ottawa Internet law professor Michael Geist.</a> “It turns you into highly regulated bodies, but regulated by law enforcement.” </p>
<p>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.</p> <p> “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.</p> <p>The <span style="color: black;">Investigating and Preventing Criminal Electronic Communications Act (numbered Bill <a class="articleHighlight" href="http://www.itworldcanada.com/tag/c-52">C-52</a>) was introduced </span>in the last parliament but died when the May election was called.</p>
<p>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 <a class="articleHighlight" href="http://www.itworldcanada.com/tag/lawful-access">lawful access</a> act will be re-introduced into Parliament before the end of the year.</p>
<p>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, </p> <p>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.</p> <p>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.</p> </div><div id="postbody" rel="2" style="display: none;"><p>The law would also create a series of new judicial orders forcing ISPs to preserve customer information for an investigation.</p>
<p>The OpenMedia.ca consumer group has created a Web campaign called <a href="http://stopspying.ca/" target="_blank">Stop Online Spying</a> to protest the proposed law.</p> <p>Panelist
Steven Anderson, who heads OpenMedia.ca, said a letter of concern from
ISPs to members of parliaments “would be really powerful.”</p> <p>“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.”</p> <p>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.</p><br><br><br><br><br><br><br><br></div>
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