Industry Canada recommends “limited exemption” on use of cell phone jammers

The Canadian government appears poised to grant federal law enforcement and public security agencies what could amount to a blanket exemption to prohibitions within the Radiocommunication Act against the use of radio jamming devices in connection with "security and protective functions." The move could open the door to expanded use of such devices for national security purposes. If the rules are changed, the Royal Canadian Mounted Police (RCMP), the Department of National Defence – Canadian Forces (DND-CF), and the Canadian Security Intelligence Service (CSIS) would no longer need to apply to Industry Canada to gain special exemptions for the use of cell phone jammers. Current rules force government agencies to apply each time these devices are to be used. While the department is calling the exemption "limited" and says it won’t allow federal agencies to usurp Canadian laws and the Charter of Rights and Freedoms, the move could raise the ire of civil liberties groups and other organizations. Any proposed changes to the Radiocomm Act will have to go through debate in the House of Commons, and the government could see some opposition to the exemption. In proposing to change current rules, the department has recommended to the Governor-in-Council that its current responsibility of policing exemptions to these provisions within the Act be removed and replaced with a limited exemption. "The government has decided that it’s inconsistent with Industry Canada’s spectrum management mandate to judge when and where these authorities should use these jamming devices," David Warnes, senior advisor of spectrum policy at Industry Canada, tells Report on Wireless. "The department recognizes that federal agencies performing such functions in relation to international relations, national defence, security and safety may, in very limited circumstances, require the ability to temporarily interfere with radiocommunication," noted an Industry Canada release. Other than the proposed exemption for the RCMP, DND-CF and CSIS, there are no other changes to the current policy, which prohibits the use, manufacture, and distribution of such devices (DGTP-005-02). As a precursor to policy changes, the department last week granted the RCMP and DND-CF exemptions (SOR/2002-223 and SOR/2002-224) to use cell phone jammers for two major international events on Canadian soil. The exemption orders were issued for this week’s Summit of the G8 in Kananaskis AB and the Papal visit next month in Toronto and surrounding areas. "These exemption orders under the Radiocommunication Act provide the RCMP and the Department of National Defence – Canadian Forces with the means to lawfully fulfill their mandates and use radio jamming devices on a limited basis to achieve this for the limited duration of these events," Warnes explains. While this is the first time such orders have been granted, it’s not the first time cell phone jamming devices have been used. The RCMP employed such devices during a recent visit to Canada by U.K. Prime Minister Tony Blair (RoW, March 19/01). Last year, Industry Canada undertook a public consultation on possible expanded use of cell phone jammers in Canada. The process elicited more than 200 submissions from individual Canadians and some 30 submissions from companies and industry associations including public safety groups. A majority of comments were against broader use and licensing of these types of devices. The full list of comments can be viewed on Industry Canada’s web site at http://strategis.ic.gc.ca/SSG/sf05415e.html. However, a Decima Research survey conducted at the same time showed Canadians were divided over the issue. Only 50 per cent of respondents were against the expanded use of cell phone jammers, while 43 per cent were in favour (RoW April 3/01).

Industry Canada recommends “limited exemption” on use of cell phone jammers

News | 06/24/2002 4:00 am EDT

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