In February 2012, then-Public Safety Minister Vic Toews introduced Bill C-30, the "Protecting Children From Internet Predators Act". While the government marketed the bill as an attempt to protect children from Internet predators (and infamously accused opponents of siding with child pornographers), it soon became readily apparent that the bill was really about adopting a wide range of measures that increased police powers, stripped away privacy rights, and increased Internet surveillance. The overwhelming negative publicity led the government to put the bill on hold. Earlier this year, then-Justice Minister Rob Nicholson announced that Bill C-30 was dead:

We will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30, including the warrantless mandatory disclosure of basic subscriber information or the requirement for telecommunications service providers to build intercept capability within their systems. We've listened to the concerns of Canadians who have been very clear on this and responding to that.

Nicholson's commitment lasted less than a year (the same was true on lawful access in 2007, when Stockwell Day promised no warrantless access to subscriber information only to have Peter Van Loan backtrack a year and a half later). Yesterday, Peter MacKay, the new Justice Minister, unveiled Bill C-13, the Protecting Canadians from Online Crime Act. The similarly-named bill is now marketed as an effort to crack-down cyber-bullying, yet the vast majority of the bill simply brings back many (though not all) lawful access provisions.

There were hints that this might be the government's plan. In October 2012, the Canadian Association of Chiefs of Police renewed its call for lawful access (the bill was still on hiatus at the time), shifting away from child predators to cyber-bullying:

Criminal bullying is extremely concerning to all Canadians, especially the parents of young children, and Bill C-30 also provides new legislation to help police intervene and investigate cyber bullying in their early stages to prevent needless tragedy. The Bill makes it an offence to use telecommunications, including social media and the Internet, to injure, alarm, and harass others.

As I noted at the time, the government had not mentioned cyber-bullying in any of its materials on Bill C-30. In April 2013, Jesse Brown noted that cyber-bullying might lead to a reboot of the lawful access bill. Rumours this fall that lawful access might be on the agenda started when Peter MacKay gave a speech in August indicating that cyber-bullying legislation could be forthcoming. As I blogged on August 26th, the press reported that:

MacKay said he also won't be intimidated or deterred from considering new lawful access provisions despite privacy concerns that ultimately led to the death of previous bills.

MacKay was asked about the issue in a Hill Times piece in September with a spokesperson confirming the latter part of the Nicholson's commitment, but not the first part:

"[W]e have no plans to move forward with measures related to the warrantless mandatory disclosure of basic subscriber information or the requirement for telecommunications service providers to build intercept capability within their systems."

Of course, Nicholson's commitment went further than that since he stated that attempts to modernize the Criminal Code would not include measures contained in Bill C-30. The government has simply ignored that commitment by focusing on cyber-bullying and claiming that the remaining provisions are a response to the Federal/Provincial/Territorial Ministers Responsible for Justice and Public Safety June 2013 report on cyber-bullying that recommended bringing back lawful access:

The Working Group strongly recommends that the Federal Government enact investigative tools and procedures which will enable law enforcement to keep pace with modern technology, similar to those elements which have previously been introduced by the Federal Government.

With that foundation, Bill C-13 includes several provisions designed to target cyber-bullying and dozens of pages of reforms that come straight from prior lawful access bills. The bill excludes warrantless mandatory disclosure of basic subscriber information and the requirement for telecommunications service providers to build intercept capability within their systems, yet that is cold comfort given the Snowden revelations about ubiquitous surveillance that may include access to subscriber information and the collection of seemingly all Internet and communications traffic.