Pubdate: Mon, 31 Oct 2005 Source: Victoria Times-Colonist (CN BC) Copyright: 2005 Times Colonist Contact: http://www.canada.com/victoria/timescolonist/ Details: http://www.mapinc.org/media/481 Author: Jim Bronskill, Canadian Press Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) PROCEEDS OF CRIME COULD FUND WIRETAP SCHEME OTTAWA (CP) -- A planned federal wiretap scheme would be funded with cash seized from criminals under a proposal by police and telecommunications firms. Money forfeited through the federal proceeds-of-crime program should help pay for the new eavesdropping initiatives, says the ad-hoc coalition of police chiefs and communications companies. The idea, spelled out in a recent confidential letter to the Public Safety Department, is intended to avoid a public outcry from phone and Internet subscribers, who might otherwise be stuck with the tab. "It's an opportunity to use the bad guys' money against them," said Tom Copeland, chairman of the Canadian Association of Internet Providers. "I think this proposition makes a lot of sense." The idea emerged from a desire to come up with "some creative solutions" to the dilemma of covering wiretap costs, said Vince Westwick, co-chairman of the law amendments committee of the Canadian Association of Chiefs of Police. "We'll have to see what the government's views are on it." The Liberals plan to introduce legislation as early as next month aimed at preventing criminals from using digital technologies to shield their communications from police and intelligence agencies. Authorities contend the measures are needed to keep up with technically savvy outlaws involved in activities including terrorism, money laundering, child pornography and murder. The legislative proposals, first outlined three years ago, have drawn sharp criticism from privacy advocates and civil libertarians. There is an equally charged debate about who should foot the bill for phone wiretaps and e-mail intercepts. Under the federal proposals, service providers would be required, when upgrading their systems, to build in the technical capabilities needed by police and intelligence agencies, such as the Canadian Security Intelligence Service, to easily tap communications. The controversy revolves around the ongoing costs of looking up phone numbers, hooking up to networks and relaying communications from one city to another -- individual services that may cost anywhere from pocket change to thousands of dollars. Currently, a mishmash of payment practices applies, from negotiation of fees by the parties involved to refusal by some police forces to accept the bills. "We're frankly sort of perplexed," said Parke Davis, a senior regulatory officer with Telus. "What do you do when you have somebody like the police saying, 'Do this wiretap,' and then ignoring the invoice. And they do it repeatedly." Police insist they should not be obliged to pay for services, such as wiretaps, that are ordered by the courts and performed in the public interest. Last year the chiefs of police suggested adding a surcharge of about 25 cents to the monthly bills of phone and Internet subscribers to cover these costs. Telecommunications firms balk at asking law-abiding customers to pay such fees. Under the federal proceeds of crime program, administered by the RCMP, specialized units trace and seize criminal assets in cases involving drugs, smuggling, fraud, gambling and terrorism, with the ultimate aim of proceeds being forfeited to government through the courts. However, the program was until recently burdened by a complex financial structure that left it with hefty annual deficits -- raising the question of whether enough money would even be available for wiretaps. Westwick said the proposal to government was "specifically focused" on covering some of the interception fees companies have traditionally asked police to pay. Davis of Telus suggests federal officials might warm to the idea of using criminal proceeds to over wiretap costs. "I'm sure they're thinking about it, because it's a rather intriguing idea for all parties," he said. "But I haven't seen any response at this point." The government is considering the proceeds-of-crime idea along with several others that have come forward, said Zuwena Robidas, a spokeswoman for the Public Safety Department. "We did receive this proposal as part of our consultation process," she said. "But it would be premature to discuss what decisions may be taken on this." - --- MAP posted-by: Richard Lake