(Updated. See below.)

The Canadian government has begun another consultation process on lawful access. This one focuses specifically on access to basic telco customer information — names, addresses, phone numbers, email addresses, and IP addresses.

What’s interesting is that they’re doing it quietly, and trying to keep civil society groups out of the loop. From the same CBC article:

Michael Geist, chair of internet and e-commerce law at the University of Ottawa, said the process is not being conducted publicly as two previous consultations have been, in 2002 and in 2005.

The consultation has not been published in the Canada Gazette, where such documents are normally publicized, or on the agencies’ websites.

Interested parties have been given until Sept. 27 to submit their comments, which is a short consultation time, Geist said. Several organizations and individuals contacted by CBCNews.ca only received their documents this week.

On his blog, Geist adds that he “was asked not to post [the consultation documents] online.”

Back to the CBC article:

More pointedly, a number of parties that took part in the previous consultations, including privacy and civil liberty advocates — and even some telecommunication service providers — have not been made aware of the discussion, he said.

“It’s really disturbing particularly in light of the fact that they’ve had two prior consultations on lawful access in the past, so it’s not as if they don’t know the parties that are engaged on this issue,” Geist said.

Officials with the Canadian Civil Liberties Association were not aware of the consultation.

To those of us who have been following the lawful access issue, this is not surprising. The first round of lawful access consultations in 2002 faced heavy objections from privacy and civil liberties advocates (not to mention telcos who felt lawful access was an excessive burden on their operations). A second round of consultations took place in 2005, but as I have mentioned before, “civil society groups got one meeting in which the proposals were outlined for them, and then a laughably short two-week window in which to submit their comments.”

Also, keep in mind that the basic customer information being discussed in the current consultation is just the first phase of lawful access. The original consultation also looked at far more frightening possibilities like data retention and access to information related to the actual content of your activities online (e.g., what sites you visit and what’s in the emails you send). In 2005, when the Liberal government introduced its so-called Modernization of Investigative Techniques Act, it only included less serious first-phase proposals like the ones under discussion in the current consultation. (They tried the same thing with a private member’s bill last March.)

So, to recap:

• Canada’s cops and spies want more power to spy on you online.
• The Conservative government is helping them by sidelining civil society’s objections, while working closely with the telco industry (and the cops and spies).
• The Liberals did the same thing when they were in power.
• If our cops and spies get access to basic subscriber information — and they probably will, since both the Liberals and the Conservatives support the idea — they will be coming back to ask for expanded and more intrusive powers.

UPDATE, September 13: CTV has posted the consultation document (PDF) on their website.

UPDATE, September 19: That peculiar noise you heard late last week was the sound of the Conservative government backpedaling furiously:

Public Safety Minister Stockwell Day said the government would not introduce legislation forcing internet service providers to give customer information without a warrant.

“We have not and we will not be proposing legislation to grant police the power to get information from internet companies without a warrant. That’s never been a proposal,” Day told the Ottawa Citizen late Thursday.

“It may make some investigations more difficult, but our expectation is rights to our privacy are such that we do not plan, nor will we have in place, something that would allow the police to get that information.”

I’m glad to hear it. Let’s make sure they stick to this promise.

As for that leaked consultation document:

Day told the Citizen that the original document sent to a select group of stakeholders “never would have gone out if I had seen it” and that it “somehow went out without my approval.”

In other words, either our Public Safety Minister is incompetent, or significant erosions of due process don’t merit his attention.

The new deadline for public comment is October 12.

Canada’s Privacy Commissioner, Jennifer Stoddart, is concerned that Google’s new Street View feature could break Canada’s privacy laws.

Street View is a feature in Google Maps that displays street-level photographs for various cities in the US. It allows you to see what those cities look like “on the ground.” Unfortunately, the photographs in Street View include candid images of people who happened to be in the street while Google’s photographers were taking pictures.

Street View isn’t currently available for Canadian cities, but that could change. In her letter to Google, Stoddart wrote, “I am concerned that, if the Street View application were deployed in Canada, it might not comply with our federal privacy legislation. In particular, it does not appear to meet the basic requirements of knowledge, consent, and limited collection and use as set out in the legislation.”

Stoddart’s letter also points out that Immersive Media, the company that supplied Google with the photos it uses for Street View, has already collected similar photos for six major Canadian cities, including Vancouver.