Lawful Access – Another Bill Expected?

Originally published in Blakes Bulletin on Information Technology, November 2006

Immediately prior to the federal election in late 2005, the former Liberal government had introduced Bill C-74, Modernization of Investigative Techniques Act, known colloquially as the Lawful Access Bill (the Bill), for first reading. Key features of the Bill were that it obliged telephone and ISPs to have the capability to intercept all data that they transmit and required that this interception capability be upgraded as telecommunications service providers introduce more advanced communication technologies. However, due to the election, the Bill died on the order paper and the issue has received minimal attention until now. Recently, Public Safety and Emergency Preparedness Canada (PSEPC), the department that sponsored the Bill, made a statement confirming that they plan to revive the Bill in some form. This leaves open the question –