[R-G] RCMP Seeks Backdoor Wiretap Access to Blackberry Messaging

[Anthony Fenton]

http://www.cbc.ca/technology/story/2009/03/24/tech-090324-blackberry-wiretap.html

http://www.michaelgeist.ca/content/view/3776/125/
...

http://www.cbc.ca/technology/story/2009/03/24/tech-090324-blackberry-wiretap.html

Criminals love the BlackBerry's wiretap-proof ways: police
MP wants wireless devices to be wiretap-ready
Last Updated: Tuesday, March 24, 2009 | 7:02 PM ET Comments14Recommend5
CBC News

Wireless messages sent on a BlackBerry are so hard to intercept that  
the smartphones have become the device of choice for both criminals  
and law enforcement, police say.

     'The starting point to striking the balance is law enforcement  
making the case that there is a problem today.'— Michael Geist, law  
professor

While some police admit that level of security makes the BlackBerry  
their preferred handheld device, they also say that also makes it hard  
for them to listen in on suspected criminals.

"It does limit our abilities to intercept, which in turn minimizes our  
abilities to prevent the crimes," said Supt. Pat Fogerty of the  
Combined Forces Special Enforcement Unit of British Columbia, a  
division of the Royal Canadian Mounted Police.

The problem is that BlackBerry smartphones, designed by Waterloo, Ont.- 
based Research In Motion initially for corporate clients, run software  
called the BlackBerry Enterprise Server that creates a secure and  
private network and encrypts data.

Police say criminals are using additional layers of encryption with  
other types of software, bringing the encryption level up to military  
grade.

"They completely know that this technology is to their advantage,"  
Fogerty said, "and they will stay on that technology until such time  
that there is new technology that will be even more secure."
Tappability an 'essential tool': MP

Liberal MP Marlene Jennings said police have been asking for years for  
legislation that would force internet and wireless providers to use  
technology that can be tapped.

"Law enforcement needs it, Canadians need it; it's an essential tool  
for the battle against crime," she told CBC News Tuesday.

This past winter, Jennings re-tabled a 2005 Liberal bill that would  
force wireless service providers to make their devices intercept- 
ready. The bill, the Modernization of Investigative Techniques Act  
(MITA), had died when the 2006 election was called, but Jennings had  
re-introduced it as a private member's bill once before, in 2007.

At the time, she said Canadian telecommunications companies had  
expressed concerns about the cost of the technology to make their  
devices tappable, but suggested the government could discuss the  
possibility of subsidizing that cost.
Police must make their case: researcher

University of Ottawa law professor Michael Geist said the cost of the  
technology is not the only problem with such a bill — it could  
possibly hurt an industry whose legitimate customers also rely on  
mobile devices.

"There's obviously many businesses that are willing to use these  
devices because they're comfortable with the security attached to  
them," said Geist, who holds a Canada Research Chair of internet and e- 
commerce law.

"Many individuals, as well, I think, would be reluctant to use mobile  
email devices if there was concern that third parties might be able to  
access it."

Geist said there needs to be a balance between people's right to  
privacy and security and law enforcement's investigative needs. Law  
enforcement has been demanding faster, quicker access to certain types  
of information, often without court involvement. But so far, he says,  
police have been unable to make a compelling case that any of their  
investigations have been impeded by a lack of quick access to certain  
information or communications.

"The starting point to striking the balance is law enforcement making  
the case that there is a problem today."

In February, Public Safety Minister Peter Van Loan told the House of  
Commons public safety and national security committee that Canada  
needs to update its wiretapping laws.

Such a law is expected to require law enforcement officials to obtain  
a warrant before they can force internet service providers to give up  
customer information. In 2007, former public safety minister Stockwell  
Day made a promise to include that requirement.