If we end up footing the bill for mandatory online spying for through our taxes—the alternative being that we pay even more on our monthly bills—Big Telecom may be looking at violations of your privacy as a new revenue source. According to law professor Michael Geist, Big Telecom may be looking to trade support for the online spying bill (C-30) for payments to cover their costs, "leaving subscribers stuck with less privacy and ultimately footing the bill."
Article by Michael Geist:
Last week, I posted about a recent Justice Committee report that includes recommendations that would expand Bill C-30, the lawful access/online surveillance bill, in several important ways. Toward the end of the post is a comment from Bell on the issue. While the source article is no longer available online - it appears to have been pulled - the company spokesperson states:
"Our primary concern in this area has always been the capacity of industry to implement any new requirements and who bears the cost."
The message from Bell that it prioritizes cost on the lawful access issue should not come as a surprise. For years, the telecom and Internet provider community have focused most of their attention on the costs associated with divulging subscriber information or responding to other law enforcement requests. While recouping the costs associated with installing new surveillance-capable equipment is an obvious issue, the potential to turn subscriber information disclosures into a new revenue source is particularly troubling.
In 2006, ITAC, the Canadian Chamber of Commerce, CAIP, and the Canadian Wireless Telecommunications Association responded to the original lawful access bill by emphasizing the need to address compensation for provider costs. The concerns focused on three cost issues: mandated capability before the development of technical standards, operational costs, and a transition period. The first concern pointed to the problem of mandating surveillance capabilities. The associations argued that carriers would cover the costs of normal upgrades, but that customized solutions that extended beyond typically available equipment should be compensated by the government. The transition period concern was similarly focused on meeting normal equipment upgrade cycles.
On compensation for operational costs, the associations adopted the position that they should be compensated for all disclosures, including the disclosures of subscriber information under the mandatory warrantless model. A year later, the CWTA went further, telling Public Safety that "unless our legitimate concerns are addressed, it will be difficult for the industry to support this important initiative going forward." Given the tens of thousands of disclosures that occur every year (most presumably without compensation), this could turn into a new source of revenue.