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of [os i QOS seiner tocte camaton Pubic Sate ‘Sécurité publi Ie Soe Soe 8.15(1)d){ii) 5.16(1)(0) SECRET DATE: File No.: NS 6952-03 / 395254 RDIMS No.: Dragon 7092 MEMORANDUM FOR THE SE! ASSIS’ DEPUTY MINISTER UPDATE ON ENHANCEMENTS TO THE LAWFUL INTERCEPTION IN (CENCE FO} PRO (Information only) ISSUE To provide an update on ongoing efforts to enhance to the lawful interception condition of licence forbearance program. BACKGROUND Under the Radiocomunication Act (RA), the Minister of Industry has the authority to grant wireless licences to telecommunication service providers (TSPs). TSPs must comply with the conditions of their licence in order to deliver wireless services in Canada. Certain, but not all, licences have an applicable lawful interception condition, which requires TSPs to have and maintain lawful interception capabilities as outlined in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (SGES). ‘As part of this condition, the Minister of Industry, in consultation with Public Safety Canada (PS), has the power to grant forbearance to any licence holder from complying with all or part of the SGES. As such, when TSPs cannot meet the ‘SGES requirements, they apply to Industry Canada (IC) for forbearance. The forbearance allows TSPs to continue to provide services while to develop technical solutions to eventually meet the SGES. requirements. PS has been coordinating PS Portfolio advice to IC for each of these requests on a case by case basis. Canada wR 000018 s.21(1)(a) 8.24(1)(b) s-45(AKayti) Inston Ae cael gs vt ‘dela Ll ur acaba german s.24(1)(b) s.24(t}a) . SECRET Last spring, the Investigative Technologies and Telecommunications Policy (ITTP) Division undertook to review and enhance the lawful interception condition of licence forbearance program (ANNEX A). The objective is to ensure that the lawful interception capabilities of public safety agencies are maximized within the existing regulatory framework. Implementing this strategy will achieve several outcomes. Several of these instruments have already been operationalized, while others require further analysis and consultation. Attached at ANNEX B is a brief report on the progress of these initiatives. CONSIDERATIONS PS will ‘most continue to provide leadership on the forbearance file, and will of the proposed enhancements. the upcoming, 700MHz. auction, will allow for the TSP engagement process to remain manageable. 000019 8.15(1)(@Mi) 8.24(1a) 8.21(1)(b) baion hel Bocas eau en st SECRET 3 ‘Over the past several years, IC officials have had difficulties in monitoring TSPs? compliance with the lawful interception condition of licence. While IC will remain responsible for the condition of licence and for granting forbearance to TSPs, PS direct, engagement with licence holders to assess their compliance level will reduce the burden on IC and provide the Portfolio with valuable information on the interception NEXT STEPS We will continue to work wit IC to refine and implement the forbearance strategy. We will keep you informed of progress. Should you require additional information, please do not hesitate to contact me or Marie-Héléne Chayer, Director, Investigative Technologies and Telecommunications Policy, at 613-949-3181. Michael MacDonald Director General National Security Operations Directorate Prepared by: Shawn Plunkett 8.16(1)(b) 8.21(1)(a) 8.21(1)() 000020

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