Home Newsroom 2005 News releases (archive) 2005-11-15: Legislation to modernize investigative techniques introduced today Backgrounder: Modernization of Investigative Techniques Act - Myths and realities

Modernization of Investigative Techniques Act - Myths and realities

The Modernization of Investigative Techniques Act (MITA) is a vital public safety tool needed for the investigation of serious crimes such as online child pornography, organized crime and drug trafficking, as well as terrorism. Canada’s laws have not kept pace with technology, and today the lack of an interception capability threatens the effective investigation of criminal and terrorist activities. MITA is necessary for law enforcement agencies and CSIS to effectively do their jobs.

Myth: Law enforcement agencies and CSIS will now be monitoring everyone’s email, Internet activities and cell phone use.

Reality: Lawful interception is not used to monitor everyone’s telephone and Internet communications and MITA will not change that. The interception of communications can only be done with legal authority and MITA will not change in any way existing authorities to intercept communications. The Government of Canada is firmly committed to protecting the privacy rights of Canadians.

Myth: Police and security officials will have expanded interception powers under MITA, which will include being allowed to intercept communications without a warrant.

Reality: MITA will not provide law enforcement or CSIS with any new interception powers. Interception powers exist in the Criminal Code (since 1974), Canadian Security Intelligence Services Act (since 1984) and other Acts of Parliament. MITA will not change these existing authorities in any way.

Law enforcement agencies and CSIS are simply seeking to maintain their investigative capabilities in a world that is very different from 30 years ago when communications were limited to simpler technologies. The new act is about maintaining a technical capability to intercept, not about gaining new authorities to intercept. Warrants will continue to be required for intercepts, but with this proposed legislation, a technical solution will now be available for law enforcement agencies and CSIS to execute those warrants.

Myth: More intercepts will now be performed as a result of this legislation.

Reality: This proposed legislation will not change the number of authorizations granted to intercept communications. MITA will however provide the police and the CSIS with the ability to carry out those authorizations.

Myth: A national database will be created that will contain a record of everyone's web activity.

Reality : This proposed legislation does not call for a national database containing subscriber information or the Internet activities of Canadians, nor does it place a requirement on Internet companies to store all of their subscribers' communications.

Myth: Telecommunications service providers always require a warrant before releasing subscriber contact information.

Reality: Subscriber contact information is important in various policing duties – ranging from identifying suspects to contacting family members after an accident.

There are currently a variety of practices in releasing subscriber contact information. In some instances services providers may request a warrant and in others they may not. What MITA will do is put in place a consistent way of doing things.

Myth:Telecommunications Service Providers will be required to release personal subscriber information without proper privacy safeguards.

Reality : MITA will establish a strict process outlining how this basic contact information, such as customer name, telephone number, address or IP address, may be released and under what circumstances. It also includes numerous safeguards to protect privacy, including limiting who can request this information and tracking who requested this information and why for audit and reporting purposes. These safeguards will provide greater control over access to this information than currently exists.

Myth: The costs associated with MITA will have a significant impact on the telecommunications industry.

Reality: MITA will require a gradual implementation of intercept capability. This means that telecommunications service providers would not be required to be intercept-capable right away. Service providers would have to maintain intercept capabilities that are already in place when the legislation comes into force, and then build in an intercept capability as they make significant upgrades to their networks. So, when service providers spend money on certain new equipment, they would also be required to bear some additional costs for public safety. MITA will also be flexible enough to address situations when interception solutions are not available at a reasonable cost.

Myth: Implementing MITA would result in the Canadian telecommunications industry being put at a competitive disadvantage.

Reality :MITA will place requirements on all types of telecommunications service providers; this will avoid placing individual sectors or companies from being put at a competitive disadvantage. Providers will not be required to deploy specific equipment; instead, they will be able to select the most cost-efficient solution for their particular networks. A flexible approach to requiring an interception capability will ensure that MITA strikes the right balance between the needs of police and CSIS to maintain their investigative capabilities in the face of new technology and the business considerations of the industry, while respecting Canadians’ rights and freedoms.

From an international perspective, other countries, including the U.S. and U.K., already have similar legislation in place. The requirements being placed on the Canadian industry are consistent with those of other countries.

Myth: Small service providers are going to be overly burdened by this new legislation.

Reality : For the first three years after the legislation comes into force,small service providers (providers with fewer than 100,000 subscribers) would be required to enable a lawful interception by providing a physical connection point for the police and CSIS, meaning little to no costs for these companies.

Myth: In the end, Canadians, either as a taxpayer or as a consumer, will bear the burden of additional costs to industry.

Reality : MITA will actually reduce the overall cost to taxpayers or consumers. Currently the Government of Canada budgets for the development of interception capabilities for existing technologies. The costs would be reduced over the long run by putting in place clear requirements for lawful interception that can be factored in during the design stage of new technologies. When lawful interception capabilities are provided for at the engineering stage of network design, the costs are a fraction of that of a retrofit of existing equipment.MITA will further minimize the financial impact on industry and consumers by allowing service providers to meet the requirements of the legislation in the most cost-effective way.