TOO MUCH POWER FOR BIG BROTHER?

This year's annual convention of the Canadian Association of Chiefs of
Police in Vancouver brought with it plenty of talk of police power and
Big Brother. The reason? Cops at all levels want Canada's Criminal
Code rewritten to make their access to private communication easier,
cheaper and less legally cumbersome.

Rapid change has created a "gap in the relationship between the law
and the reality of today's technology." As a result, public safety is
being threatened and some police investigations undermined, the chiefs
argue.

What they want is easier lawful access to the habits of high-speed
Internet customers, digital cellphone conversations and messages sent
and received by wireless communications devices, such as
Blackberrys.

Police forces are also lobbying lawmakers for exemption from the
service fees some Internet service providers must charge when they're
forced to comply with court orders for detailed records.

The issues raised by the chiefs' pleas are significant and concerning
for anyone interested in the preservation of civil liberties in
Canada. The unlawful or wanton intrusion into private or privileged
communication conjures vivid images of the police states many
immigrants to Canada came here to escape.

Undoubtedly, though, high technology and cyberspace comprise the new
criminal frontier.

Police have been trying to adapt -- encoding their own communications,
employing their own electronics and Internet specialists, dedicating
entire units to cybercrime. But, as in nature, each adaptation prompts
another mutation.

There is merit in re-examining Canada's lawful-access laws to
determine if they meet the needs of today's police forces and the
challenges posed by cybercrooks, purveyors of child pornography,
exploitation artists and organized crime.

In fact, it makes good sense, given the rate of technological change,
to do a thorough review every few years. After all, the current laws
related to the lawful interception by police of electronic
communications were written in 1974 -- long before even the fax
machine was in widespread use.

Doing nothing cedes criminal elements an intolerable advantage.