Wireless industry lobby group urges second lawful access consultation

The Canadian Wireless Telecommunications Association (CWTA) believes the federal government’s current consultation process on lawful access to information and communications is flawed because the consultation document lacks critical information needed to have any meaningful discussion. The flaw, as the CWTA sees it, is the omission of certain definitions, which severely hampers its ability to provide constructive comments. Canada’s wireless industry lobby group states in its December 16 comments that before a comprehensive consultation can take place the terms "basic intercept capability" and "significant upgrade" need to be defined. The CWTA is advocating a second consultation on the issue following the definition of those terms. "The entire operational framework will, of necessity, be very complex. It will impact several Acts of Parliament and will involve all three levels of government. Only after the entire framework is understood will the CWTA be able to ascertain all the various impacts that the proposed legislation will have on the wireless telecommunications industry," the CWTA writes in its submission to the lawful access consultation. The association isn’t the only group asking the government for clarifications. Canada’s privacy commissioner George Radwandski, the Canadian Association of Internet Providers and the Canadian Bar Association have also expressed similar comments criticizing the consultation document as too vague. Announced last August by Industry Canada, the Department of Justice and the Solicitor General Canada, the proposed legislative changes would make it easier for law enforcement agencies to access tele-communications infrastructure to collect information about suspected criminals (RoW Update, Aug. 26/02). Wireless carriers are already subject to lawful access provisions as conditions of their PCS licences. The CWTA had previously outlined its concerns with the current consultation in a letter last November to all three departments highlighting the absent definitions. In that letter, the CWTA called for public consultation on draft legislation and accompanying regulations. However, the association is now calling for a second consultation containing the definitions of the aforementioned phrases. Canada’s wireless operators are primarily concerned about the potential financial hit they may have to take if they are required to pay for equipment upgrades to accommodate lawful intercept provisions for packet-based networks (RoW, Sept. 3/02). Current laws cover only circuit-switched networks and the industry is against any measures that would require them to pay for network upgrades. As the document points out, the proposed law could require communications carriers to assume certain costs associated with the provision of lawful access. This presents some seeming inconsistencies. On one hand, communications providers would be required to cover the costs associated with providing lawful access capability for new technologies and services, and when a significant network upgrade is completed. On the other, they wouldn’t be required to pay for changes to existing networks. The CWTA counters that if the law is for the benefit of all Canadians, then the government – not the industry – should cover all the costs associated with making lawful intercept capabilities available. "ublic funding should be provided as long as the cost of providing lawful access for existing, significantly upgraded, or new services and networks is significant, and as long as the capabilities in question are only available upon payment of explicit charges," the CWTA writes. The wireless sector has also expressed concern over the impact of the provisions on current business models. Both the carriers and the CWTA are opposed to any legislative changes that would negatively affect service offerings, such as pre-paid wireless. There have been suggestions that pre-paid wireless service could be a casualty of a new law governing anti-terrorism activities (RoW, April 3/02). Carriers are already under closer scrutiny of the Justice department following the passing of Bill C-36 after the September 11 terrorist attacks (RoW, Apr. 30/02).

Wireless industry lobby group urges second lawful access consultation

News | January 20, 2003

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