Hold consultation on IMSI catcher use, Rogers tells gov’t

The government should consult industry, privacy experts and Canadians on the use of IMSI catchers in Canada, Rogers Communications Inc. said in its submission to the federal government’s national security review. Rogers said the use of IMSI catchers, also known as stingrays, is not currently detectable on a wireless network and can interfere with customers’ communications. “This is particularly concerning when considering possible interference with access to emergency and 9-1-1 services,” the company wrote in a document submitted as part of the review process held by Public Safety Canada. The consultations wrapped on Dec. 15. The devices mimic cell phone towers and collect information from mobile phones in a given area. The privacy commissioner’s office has an open investigation into use of the devices, while privacy officials told the government as part of the consultation that there are concerns about the technology. There is little public information about the use of IMSI catchers by law enforcement. “It is yet to be determined whether the use of this technology is in the best interest of protecting Canadians, and while it is not explicitly part of this consultation, Rogers considers that a specific consultation is needed with the telecommunications industry, privacy experts, law enforcement experts and Canadians to best identify what type of judicial oversight and transparency is required and how this technology can be used without negatively impacting customers and wireless networks prior to any decisions being made,” the company said. Rogers, along with TekSavvy Solutions Inc. and the Canadian Wireless Telecommunications Association (CWTA), echoed concerns made by the Information Technology Association of Canada (ITAC) in its submission regarding potential costs that could be imposed on telecoms as a result of any new requirements stemming from the review. Rogers said there “is no evidence to date substantiating the need for increased access” to basic subscriber information — the name, address, and phone number of customers — without a court order. “Telecommunications companies should not be required to produce this information unless required by law,” it argued. “With no governance structure the number of requests would increase, unnecessarily disclosing personal information while placing a substantial financial burden on the industry as there is no compensation scheme in place for fulfilling these requests.” Rogers also noted that as part of the consultation, the government is considering legislation that would enshrine lawful intercept requirements, though it hasn’t provided any details. “It is vitally important that any new lawful interception not be allowed to become a bottleneck on innovation and the introduction of advanced new services and applications that Canadians will require in order to more effectively compete in the digital economy and the global innovation race,” it said. It added that any new costs arising from new rules regarding lawful interception or data retention shouldn’t be the responsibility of telecoms. Rogers said that the government has not, in consultation documents, “provided significant evidence of a particular problem that cannot be addressed in the existing legislative framework.” In its submission, the CWTA said that there should be a mechanism put in place for telecoms to recover from government any costs arising from new requirements. “The benefits of lawful interception accrue to all Canadians and associated costs should therefore not be the responsibility of service providers,” the organization said. If the government does require new interception capabilities, they “must only be used in a manner that does not intrude on the privacy of Canadians communications are not a necessary part of an investigation,” and must be subject to independent oversight, such as judicial approval. The CWTA added that any “potential benefits arising from data retention must be weighted against the costs to companies, increased “vulnerability of the information of innocent users and the countervailing requirement under to minimize collection and retention of personal information.” It said that concern over security of personal information holds some Canadians back from online activity, and added that legislation “that may reduce, even only slightly, the privacy of subscriber information will further discourage these Canadians from participating fully in the digital economy.” TekSavvy also said that putting in place new requirements, such as having to retain personal information longer or putting in place intercept capability “represent resource allocation choices that would redirect scarce net profits away from developing and providing innovative services,” pointing to smaller Internet Service Providers (ISPs) who are “still reeling from the burden imposed by the high-volume notice-and-notice copyright regime.” It also argued that the government should reimburse telecoms for “expenses incurred in developing and maintaining the government’s lawful access infrastructure.” The company also argued the government shouldn’t require a specific time for which companies must retain customer information, beyond the current requirement that states they should retain it for as long as necessary to fulfil their business purposes. “We are concerned that a mandated data retention requirement would place all of a service provider’s customers under a generalized air of suspicion of prospective wrongdoing: it would communicate that the government wants records kept on all citizens 'just in case' they engage in inappropriate activities,” it said. — With reporting by Anja Karadeglija at akarad@thewirereport.ca and editing by Charelle Evelyn at cevelyn@thewirereport.ca

Hold consultation on IMSI catcher use, Rogers tells gov’t

News | December 20, 2016

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Hold consultation on IMSI catcher use, Rogers tells gov’t

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