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Modernization of Investigative Techniques Act
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Modernization of Investigative Techniques Act : ウィキペディア英語版
Modernization of Investigative Techniques Act
Modernization of Investigative Techniques Act, Bill-C74 was first introduced in the Canadian House of Commons on November 15, 2005. Introduced as a part of a package of “lawful access” proposals, Modernization of Investigative Techniques Act (MITA) if passed, would have required telephone and internet service providers to design, create and maintain interception capabilities into existing networks and into new technologies as they are introduced into Canada. Second, it would have allowed law enforcement to compel telephone and internet service providers to disclose subscriber information without a warrant. The bill failed to pass into law when Parliament was dissolved on November 28, 2005.〔 Lawful access legislation was, however, was re-introduced under the name Bill C-13 (short titled Protecting Canadians from Online Crime Act) by Stephen Harper's Conservative government on November 20, 2013 and it passed through all legislative stages to receive royal assent on December 9, 2014.
==Background==

Under the Criminal Code, “lawful access” provisions for the interception of communications by law enforcement was first adopted in 1974.〔(【引用サイトリンク】title=Lawful Access - Consultation Document - Summary of Submissions to the Lawful Access Consultation )〕 The Criminal Code was amended in the 1980s and again in the 1990s to allow law enforcement the ability to search and seize computer systems.〔 In 1984 the Canadian Security Intelligence Service Act was passed by Parliament giving law enforcement the right to lawfully intercept private communication in defense of national security.〔 Supporters of Modernization of Investigative Techniques Act and other “lawful access” legislation, being proposed to date, believe the passage of these bills will amend current provision for “lawful access” in existing legislation like the Criminal Code and Canadian Security Intelligence Service Act and support law enforcement to lawfully access transmission data from new technologies such as smartphones.〔(【引用サイトリンク】title=New Surveillance Bill Introduced )
Concerns raised include:
* Creation of new surveillance powers while reducing the level of privacy protection and oversight associated with that surveillance.
* Increased burden to ISPs who would be required to retain traffic data for significant periods of time.〔(【引用サイトリンク】title=Summary of Submissions to the Lawful Access Consultation, Chapter 4: Comments by Industry )
The dissolution of Parliament on November 28, 2005 ended all bills introduced during the 38th Parliament by the, then Liberals government, including Modernization of Investigative Techniques Act, Bill C-74.〔(【引用サイトリンク】title=Paul Martin's Government Topples )〕 Anticipating passing of this bill, however, ISPs such as Bell Sympatico have modified their various policies and agreements to contain language to the effect that they may monitor, investigate, and disclose information to satisfy laws, regulations, or government requests. On April 4, 2006, the Prime Minister's Throne Speech did not mention bill, which fueled speculation that bill had become a low priority for Harper government.〔(【引用サイトリンク】title=Priorities )〕 However, the Harper government would later introduce its own legislation to modernize lawful access.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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