Canadian Lawyer - sample

42 N O V E M B E R / D E C E M B E R 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m he fact that it is so easy to hide our phone com- munications from third parties has angered a lot of people, especially the authorities. Called "going dark," anyone with a smartphone can download any number of applications that use end-to-end encryption, making it all but impossible for text messages, photos, documents, etc. to be monitored or intercepted by anyone, including Internet providers and the police. Many popular apps use this kind of encryption, including WhatsApp, Cyber Dust and a Canadian chat application called Kik. Facebook recently announced its "Secret Messa- ges" encryption feature, available to 900 million messenger users. Law enforcement officials and, increasingly, the public, believe that end-to-end encryption poses a real dan- ger to us, our children and to national security — so much so, that the TV pro- gramme 48 Hours began its new season in September with a much-hyped show called "Killer App." It was all about Kik. It's not only "going dark" that causes problems for authorities trying to locate and prosecute cybercriminals. There is a very long list of hurdles facing law enforcement when it comes to cyber- crime — and all crimes committed with a cyber element to them. These include difficulties in determining who owns electronically stored information; a lack of expertise needed to analyze the data (if you can access it); ineffective penal- ties in cases where defendants refuse to comply with orders to disclose data; and an inability to compel local companies to produce data stored in other countries. Canadian authorities have made it clear they want a change in our laws related to investigating digital-related crimes. They want more access to the public's communications — and they want faster access. On Aug. 16, the Canadian Association of Police Chiefs passed a resolution calling for a new law to be enacted that would enable the police to unlock digital evidence, for- cing people to reveal their passwords. One month later, the federal govern- ment introduced a Green Paper on national security called "Our Security, Our Rights: National Security Green L E G A L R E P O RT \ C R I M I N A L L AW MATTHEW BILLINGTON Fighting cybercrime Better enforcement, and not new laws, may be the best way to deal with cybercriminals By Ava Chisling THE ATTENTION TO THESE [CYBERBULLYING] CASES MADE THE PUBLIC AND THE POLICE SAY, 'OH, WE NEED NEW LAWS,' WHEN, IN FACT, WE ALREADY HAVE LAWS THAT COULD HAVE BEEN PUT TO GOOD USE. DAVID FRASER, McInnes Cooper T

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