:
Mesdames et messieurs, I call this meeting to order.
Welcome to meeting number 35 of the House of Commons Standing Committee on Information and Technology.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Monday, September 26, 2022, the committee is meeting to study fraudulent calls in Canada.
[Translation]
Today’s meeting is taking place in a hybrid format, pursuant to the House Order of Thursday, June 23, 2022.
To enlighten us today, we have the following witnesses from the Canadian Radio-television and Telecommunications Commission: Ian Scott, Chairperson and Chief Executive Officer; Stephen Harroun, Chief Compliance and Enforcement Officer; and Alain Garneau, Director, Telecommunications Enforcement, Compliance and Enforcement Sector.
Gentlemen, thank you very much for joining us today for this meeting of the Standing Committee on Industry and Technology.
Without further ado, I give the floor to Mr. Scott for five minutes.
:
Thank you very much, Mr. Chair.
[English]
I want to note that we're not hearing the volume from your speaker very loudly. I'll see how it is with the other members, but it wasn't very easy to hear you speaking.
[Translation]
Thank you for inviting us to speak on the topic of fraudulent calls in Canada, an issue that has been of particular concern for the CRTC.
As you know, we participated in this Committee’s study in March 2020, and we are pleased to provide an update on our activities.
I’m joined today by Steven Harroun, the CRTC’s Chief Compliance and Enforcement Officer, and Alain Garneau, Director of Telecommunications Enforcement.
Unwanted calls, which often are fraudulent in nature, seek not only to take advantage of Canadians, but also undermine their confidence in the telecommunications system. One of our priorities over the last few years has been to better protect Canadians and prevent as many of these calls from reaching them as possible.
[English]
There is no single solution, no silver bullet, that will put an end to this scourge. That's why we have put in place a robust strategy that relies on a number of different technical and regulatory policy solutions.
To begin, for the past two years, telecommunications service providers have been required to block numbers that we refer to as malformed numbers, which contain numbers that wouldn't normally be part of a phone number, a simple example being 000-000 and four digits, which is obviously not a real number. They get blocked automatically so they won't get through. Alternatively, providers could instead offer their subscribers call-filtering services, which provide similar but more advanced call management features.
Callers can also act in bad faith, though, using fake caller IDs to conceal their identities and intentions, a practice known as ID spoofing, and one that has grown phenomenally in recent years. To combat that illegitimate practice, we required service providers to implement STIR/SHAKEN in June of last year, something we discussed with this committee previously. Essentially that technology will enable providers to confirm whether a caller's identity can be trusted by authenticating and verifying the caller ID information for IP-based calls, which will allow Canadians to determine which calls are legitimate and which need to be treated with some caution, kind of a red light, yellow light and green light.
We're awaiting the first annual reports from the providers, and those will help us assess how implementation has progressed and help us understand what the results are revealing to us. What we do know, however, is that many of the technical issues we and the industry were confronting have been overcome, and also, smaller providers are coming on board to provide similar protections.
Another element in the battle against these calls is artificial intelligence, which is a promising new weapon. Sometime ago, Bell Canada developed a solution using artificial intelligence to block calls that were confirmed as being fraudulent in the company’s network. We allowed them to do a trial. We approved the trial and, encouraged by the results of that 15-month trial, we approved an application by them to implement that technology on a permanent basis last December. To date, that application has blocked more than 1.5 billion calls at source, and they have been intercepted. That's 1.5 billion times you didn't have to answer your phone to hear something you didn't want to hear.
[Translation]
The CRTC is also working with the telecommunications industry to develop a process to trace calls back to their point of origin in the network. The industry conducted a trial that yielded positive results, and so we directed providers to begin the rollout of the process toward its full deployment. The intelligence that we will be able to gather by pinpointing the origin of nuisance calls will help improve our enforcement efforts.
Of course, we continue to oversee the National Do Not Call List. Canadians have registered more than 14.6 million numbers on the list since it launched in 2008. Complaints submitted through the list operator help to inform our outreach efforts and enforcement actions.
Our ongoing work with the industry, the Canadian Anti-Fraud Centre and the RCMP enables us to exchange information on nuisance communications. We are also in regular contact with a number of federal departments and agencies, including the Canada Revenue Agency, the Competition Bureau, Employment and Social Development Canada and the Communications Security Establishment. Through this engagement, we can warn Canadians of illegitimate campaigns in a timely way to help them avoid becoming victims of fraud.
This Committee is well aware, however, that the issue of fraudulent calls is not limited to Canada.
[English]
It's not just in Canada. It's a problem in many countries, particularly English-speaking countries. In the United States alone—I think I've shared these numbers with you before—it's estimated that there is something in the order of 2,100 robocalls every second, and something approaching 50% of those may be fraudulent.
In particular, we have established formal arrangements to share information and expertise and to provide investigative support with our counterparts in the U.S., the U.K., Australia, New Zealand and Japan.
Through all of these initiatives and with the help of industry and our domestic and international enforcement partners, we are making significant progress in protecting Canadians and restoring faith and confidence in the telecommunications system.
With that said, my colleagues and I will be happy to attempt to answer any questions you may have.
:
Thank you very much, Mr. Scott and the witnesses from the CRTC, for being here today.
I should start by saying thank you for all the work you have done on this file. I think there is broad consensus among all parties that reducing fraud is a good thing for everyone regardless of one's political stripe.
I read with interest the report from the last time the subject came up. Based on my reading of the report, I got the impression that you've come a long way over the last decade or so, and I think that if someone started up a fraudulent call centre in, say, Regina, which is my city, and all of its victims were in Saskatoon, I would suspect there would be a very good chance that the fraudsters would get caught. I also read that a great number of the fraudulent calls originate overseas, which brought me to recommendation number 4 in the report, that these preventative measures should be included in future and ongoing free trade agreements.
Let's start with the do not call list. Can you elaborate on how the do not call list can or should be integrated with future free trade agreements?
:
We should probably start by dividing up some things, and my colleagues will assist me.
Do not call really relates to telemarketing, and we have a set of rules around it. Then we have CASL, the anti-spam legislation, and that goes to other types of communications. So we have to watch the terminology.
What do not call does is establish a system in Canada for Canadians to put their phone number on a list so they will stop being called by legitimate telemarketers. We police that, and there's a large uptake. My colleagues can give you more specific statistics if you wish. I told you roughly how many numbers. In excess of 14 million Canadians have their number on it.
There's an exemption for charities and surveys. There's an exemption for political parties, which you granted yourselves. We do get lots of complaints asking how come people still get calls from.... We will leave that alone. It is the will of Parliament, and that is fine, of course, but that's not the problem.
The problem is those who either decline—legitimate telemarketers who fail to sign up—or illegitimate ones. The first case we pursue. We get complaints. We identify them. We track them down. Either they sign up or we fine them, and we're pretty good at that, I'll be honest.
The second case is the illegitimate ones. They're not playing.... They could be foreign or domestic. That brings us into that other category, in which lots of activities are coming from abroad. What we do there is not so much an issue of free trade agreements. It's an issue of, first, establishing co-operative mechanisms with other countries, which we've been doing—and I recently revised and modernized agreements with both the United States and Australia to enhance our co-operation—and second, having initiatives like call traceback, which I referred to in my remarks, that will help us figure out where these calls are coming from.
After that, if they're coming from a particular part of the world, then we have to pursue that with foreign officials, and it goes to our enforcement partners and the Department of Justice. At that point it gets more difficult and is in fact largely out of our hands.
:
I'll try to answer the two questions if I can.
First of all, our focus is obviously attacking the problem at its root using a variety of solutions with the carriers to try to limit the calls. That, as I've described, is the first course of action.
The second course of action—and you're right—is especially important for more vulnerable populations, new Canadians who may be less familiar with the system and authorities, elderly people and so on. We use educational tools. We work carefully with other departments. You mentioned the CRA, so during tax season we work with them to put out messages. We also have an intelligence branch that collects information, so we spot the latest trends and patterns and we share that information with law enforcement. We share that with the public through tweets and other means.
If I could go quickly to the last one, I'd have to take an undertaking with respect to numbers. We don't track it in that way. We don't keep numbers on how much we spend on intelligence gathering versus on getting customer complaints. Obviously we could provide you with statistics from the commission for Steven's group and his part of our budget, but we'd give you only macro numbers.
:
Mr. Chair, I'll obviously be the last one to criticize you for allowing time.
I'm going to repeat the same joke I made the last time we studied this issue. We Quebec francophones have an advantage: when we get a call in English, we know it's probably fraud.
In its 2020 report, the committee said it hoped there could be greater cooperation among government agencies, including the CRTC, the RCMP, the Competition Bureau and Innovation, Science and Economic Development Canada. The committee had heard lengthy testimony and many solutions. It was also determined that consumer intervention was needed to detect fraud.
On November 30, 2021, the CRTC issued a news release announcing a new technology called STIR/SHAKEN, which was intended for telecommunications service providers and enables them to detect calls made from phony numbers.
From what I understand, only one company, Bell Canada, responded to your announcement. What about other telecommunications service providers. Are they making an effort too? Where are they?
Can you cite any examples of initiatives designed to combat efforts to defraud the clients of those businesses?
:
Allow me go back a little in time to provide you with some details.
Our first step was to address calls made using VOIP technology, the Internet protocol. The reason for that is simple: TDM networks, which use time division multiplexing, are still in widespread use in Canada. Requiring providers to migrate to VOIP technology is one thing, but you have to understand that costs are associated with that. So you have to proceed gradually. That'll be the next step.
The United States has adopted or mandated out-of-band authentication, which makes it possible to certify calls even if they're carried on a TDM network. That's the approach we adopted in Canada. You have to understand that the Canadian market is smaller than the American one. You also have to consider the access to technological solutions that vendors provide.
For smaller service providers, the CRTC recently requested that the Canadian Secure Token Governance Authority increase their coverage so those providers could have easier access to those tokens too. So we're doing something for the small players.
The resellers among them can participate through their service provider, which will be able to validate their calls.
:
It's in our annual do not call list report. To date, we're at about $11 million over the last 10 years. In the past year it's been about $600,000.
I think the point to make here, and what Ian was alluding to, is these are the administrative monetary penalties that companies have willingly...or have been charged with because they have violated the telemarketing rules. These are legitimate players who are, if you will, paying for the sins of the past and, “Oh, we didn't buy the list. We didn't call the right people at the right time,” etc.
I think what you're speaking to, Mr. Masse, is more the fraud-related side of this piece, the 50% that is fraud. That's not where we can apply our administrative monetary penalties.
If I could just go back to your previous question, Mr. Masse, I think what's important to understand is that we are a civil regime. You could give me $10 million tomorrow and I'd be very happy, because I could have the entire CRTC working on telemarketing cases and anti-spam cases. However, we are a civil regime, not a criminal regime, so it still might not have the impact you want on the fraud side.
:
Thank you very much, Mr. Chair.
It's always a pleasure to be here, colleagues. I remember a good old saying that I used when I was a journalist: "When it's good, it's never long." I thought Mr. Masse's questions were very good and relevant.
Generally speaking, you always get the best and the worst with these calls. That's also true of virtually all information technologies. You can have excellent tools and then see them used in unacceptable ways.
And let's not fool ourselves: we're all politicians here; we all ran election campaigns a year ago, and I bet we all used robocalls. I'm very proud of my white hair, which proves I'm not the most adept person in this area, but in the end I agreed to spend a little money on robocalls, which is quite unusual for me. I have to admit I was really impressed with the real results I got; the calls let me contact 2,000, 3,000 or 4,000 persons an hour. I have to say it's cost-efficient.
You mentioned the initiative that Bell Canada took in response to your invitation to detect and address fraud proactively. That's the kind of initiative we should promote and encourage. When private businesses that thrive on these calls decide to discipline themselves that way, we acquire better tools for the future. So I welcome that great initiative.
Now I want to discuss more technical matters in all this chaos.
First, is there any way to block at source calls from outside the country, whether from the United States or another unknown and distant country? Is that technically and legally feasible? Obviously, everything can be done under an act, if necessary. Could Canadian telephones be configured to block all numbers from area codes other than 418 or 613, for example?
:
No, it's definitely nothing the CRTC has considered.
I just want to say that we've adopted a three-part approach.
First, as Mr. Harroun mentioned earlier, there's a limit to what we can do to implement a solution. If we had more money, we could process more files, but, ultimately, there'd just be more people addressing the issue.
Second, we work hard to increase awareness among small businesses, but also among seniors, a little surprise that I'll let you discover in our next report.
The third pillar is all the upstream work we're doing, which Mr. Scott discussed.
[English]
Bell blocking, universal call blocking, STIR/SHAKEN, call traceback.
[Translation]
All that's being done upstream, and a lot of work remains to be done in that area.
:
Sure, and I'll ask Steven to elaborate. He runs this group.
The obvious things are communications with the public and working in partnerships with various players. I'll quickly outline them.
One, we have an intelligence-gathering group that examines everything that goes through the fraud reporting centre and all the information we gather to identify emerging campaigns. One of the members mentioned earlier how the day after the government announces a program, you get fraudulent calls in relation to that program.
During tax season, we work closely with Canada Revenue Agency to remind people that the Government of Canada doesn't threaten you by text message or over the phone with jail sentences or what have you.
In an ongoing education campaign, we speak at universities, fraud conferences, at commercial conferences where telemarketers gather, and so on.
Steven, rather than my bouncing around here, do you want to give, perhaps, a better response?
I think what's important is that we do engage various levels, including Joe and Jane Canadian. We try to get that message out through some of our government partners, but we also talk to industry associations. I speak a lot at various conferences, as Ian said, but we also work with our colleagues at the Competition Bureau and the Office of the Privacy Commissioner, and when we see information, we share it with each other and help support campaigns.
October—I was going to say it's next week—is anti-fraud month, so we'll be participating with the CRA and the Competition Bureau and others who will be putting out messages on a regular basis. We have an amazing communications team at the CRTC, which gets messages out via our website, our social media channels, etc.
We try to be as active as we can in the space.
:
I'll say—and Alain may want to add—that I think it's a bit facile to say this, and I apologize for that, but it's the cleverest ones. Particularly if we're talking about fraud, they're very opportunistic. When the government introduced an income support program in the midst of COVID, it took them a matter of hours to put out messages saying, “This is where your name is on the list” and “Call this number or text here in order to get your rebate” or whatever.
Immediately after the Rogers outage, they were sending out “Rogers owes you money. Text here or call here to get your refund.” They're very quick. Some of them are very sophisticated. Even within government we have it. I've had employees who have received emails from me, apparently, and they've been clever enough to know I don't usually ask people to go out and buy thousands of dollars of iTunes cards. We do get questions, as do municipalities, about needing to wire money to cover a contract or whatever.
There are large-scale ones and small-scale ones, but they're clever, and they are very quick to take advantage of public announcements and so on. I think those ones are probably the most effective.
Alain, do we keep specific statistics that you're aware of, as far as you know?
Thank you to the witnesses for making time for the committee.
I do want to underscore, for the sake of the committee, one more time how important this issue is and that it's not just nuisance calls. I know of cases from before I entered politics of seniors from ethnic backgrounds, from minority backgrounds being targeted in their native language. They were told that within an hour, they had to deposit x amount of money, and that otherwise they would lose their citizenship or lose their permanent resident card, and they actually did that. I know of one particular case in which the individual actually then committed suicide because of the embarrassment of the entire ordeal, so it's a very serious issue.
Mr. Scott, you spoke a little bit about the international co-operation that happens between your organization and your international counterparts. Do you want to elaborate a bit more? I feel as though we're bringing a lot of people into the country every single year and we need to take care of them and protect them because they're vulnerable. What is the co-operation that's happening?
:
First, I want to reiterate that, as I believe you are the second member to make this point, this isn't just about nuisance, and you're absolutely right that this is very serious. The numbers the member quoted, in terms of potential amounts associated with fraud, are huge, and the societal impact is huge. That's why we are seized of this issue, so you have no disagreement from us.
What we try to do, as I said earlier, with international organizations is to share best practices, leverage our knowledge and co-operate. I'll give you a quick example. We recently signed a new memorandum of understanding with the Australian regulator, and in part that's because the frequency of these calls is now increasing in Australia. They are sometimes different in tactics, but the overall sort of patterns are similar. To the extent that we're allowed, we'll share with them information on investigative techniques, enforcement techniques and the intelligence we gather as to how to most proactively deal with it.
I'll give you a second example. The new recently named chair at the FCC and I have met twice now. One of her main areas of focus, as it was for her predecessor, is robocalls, as they tend to refer to them in the U.S. We're working together. For example, we're going to try to enhance our call tracing activities so we can identify and trace calls and say, “Okay, they're coming into Canada from the United States or from another country.” Likewise, we can work with the United States and say, “If it's coming in from the United States, where did it start?” Then we can get to the next door, so to speak. Then they are working to close those doors with their providers. So it's a combination of sharing intelligence and tactics that are working as well as identifying patterns.
The last point I'll make is that when we talk about criminal activity—and there is criminal activity in certain of these situations—then it's a question of finding the ability to pursue those matters whether in the United States or in an Asian country or wherever, because at the source, it may be in another country, and we have to get enforcement actions taken there, and that's a challenge.
:
Thank you for the question.
I didn't bring statistics with me today, but the short answer is that the industry has taken numerous steps, and the results have been very encouraging. The numbers of SIM-swapping activities have drastically declined.
I don't know, Steven, if you have the numbers top of mind.
A lot of the industry's work was done co-operatively under the banner of the Canadian Wireless Telecommunications Association. They said that they would introduce measures through their members to add additional layers of protection. They've agreed to various measures, and they co-operate, and those measures have resulted in a significant reduction. It hasn't eliminated the problem—there are always opportunistic actors—but it has vastly improved.
I didn't bring those statistics with me, but I can confirm that the problem is significantly lessened. I'll use that word.
:
If you're going to ask me to speak to the issue of quantum physics, I think I'm going to duck, and I'm not even sure I could hand that off. I don't even think I can call a friend.
If I can try this, when we approved the trial for Bell and ultimately approved a service, the biggest challenges we received were, one, concerns about privacy and, two, concerns—if you will—about false positives, the potential for blocking out legitimate calls. The trial showed that there were virtually no accidental or erroneous blockages. That's why, after seeing full evidence from the trial, we approved it.
I have not heard of any application beyond that. Nothing has been brought to the commission at this point, but I would suggest that we would approach any such project or proposal the same way that we approached the Bell project. We would want to look at it, have a public proceeding, get the opinions of the Privacy Commissioner and advocates for privacy and any other academic or professional concerns about strengths and weaknesses, develop a record and then make a decision. We're open to every solution the industry and individuals could bring to us. Then we'll have them tested before we allow them to be applied.
I hope that answers the question.
:
I would appreciate that.
The only addendum I think is.... I'll use recommendations 12 and 13 as examples in relation to the CRTC. It was a while ago now that we did this. The details of this aren't in front of me at the moment in quite the same way as they were when we went through this the very first time.
Recommendation 12 was:
That the Government of Canada support efforts by the Canadian Radio-television and Telecommunications Commission to conduct a public inquiry into unauthorized porting.
Recommendation 13 was:
Should the Canadian Radio-television and Telecommunications Commission fail to launch a public inquiry into unauthorized porting within six months, that the Government of Canada introduce legislation to protect Canadians against unauthorized porting.
You wouldn't have to respond specifically to those recommendations. It would be responding to the question of unauthorized porting and the work you've done in relation to a public inquiry or other work you would have done. That would be the kind of response in writing that I think would be helpful.
The only other question I have is in relation to your work. This is not a uniquely Canadian problem. This is a problem that exists all around the world. You identified it as a challenge in other English- and French-speaking countries. I think you also pointed to Asia being a hot spot for fraud calls.
Are other jurisdictions adopting best practices that you think the CRTC should be seriously looking at? What other jurisdictions around the world would you point to that are addressing this global challenge and doing this better than we are or that are engaging in best practices that we could adopt here at home?
The other thing that would be useful for you to follow up on in writing—and maybe south of the border is the best example—would be where you've identified practices that are worth pursuing, those that other countries are pursuing and that the CRTC is, as a result, pursuing. It would be good for us to understand the work the CRTC has done to improve its own measures with the template being, “We consulted with folks south of the border, and here are steps we undertook to follow their model” or, if that work isn't fully completed in some cases, understanding the status of the work and following through on best practices that you've found in other parts of the world. I think that's very helpful where it's directly relevant to your work.
If in the course of undertaking some of your work—as you say, it's within your legislative scheme—there are other best practices that you come across as a result of your relationships that aren't specific to the CRTC but may be for another agency to pursue, those may also be helpful for the committee's purposes. You might not have a long list, because this is not necessarily within your purview. A follow-up on that in writing would be useful to give a sense of how you are learning from and responding to best practices elsewhere.
:
Understood, and that's exactly.... We're saying the same thing—
Mr. Nathaniel Erskine-Smith: Yes, exactly.
Mr. Ian Scott: —or we're in violent agreement.
I want to say that we have addressed it. We addressed it by telling the industry that we wanted them to address it, and they did, or they are continuing to—
Mr. Nathaniel Erskine-Smith: Exactly.
Mr. Ian Scott: —and that's been good progress.
On the other one, we will do our best, and we'll try to keep our list modest and reasonable.
:
We can in aggregate. That's what we share with our telcos around those calls as well as with the RCMP and the Canadian Anti-Fraud Centre. We share aggregate information about campaigns we're seeing, campaigns the telcos are seeing.
To your specific question earlier, I'm well familiar with the TSPs and the fraud departments they have and the number of resources they have. I am certain that if they have complaints from a particular customer on being victimized, etc., there's a process for them to deal with those. Either the complainant can deal with them with law enforcement officials or Rogers may or may not—I use that name vicariously—with the RCMP as well.
If there are specific complaints of someone having been victimized, then there are methods of dealing with those, of course, through the criminal system. The challenge we face, even as the CRTC, is that we are seeing these campaigns, these types of things, that we pass along. For our colleagues at the RCMP, whom we appeared beside the last time, in March, that is one pile out of a very much bigger pile of cases they have to look at.
I'm sure there are ways, but for us there are details we can't share. We can share aggregate information. We can get everybody on a call saying, “Yes, we're seeing this type of activity, these types of things”, but we can't share the specifics.
To your point that a customer from Rogers, Bell, Telus or whoever is being victimized, we're sure there is a process for them to deal with that as well, but that's very separate from us. That goes to your criminal point.
:
With your permission, I'd like to add something.
[English]
It may have been Mr. Masse who raised this in previous meetings, but I think there's a concern, as we impose constraints or direct phone companies to take measures, that we need to be very attentive to: that those costs of implementing those measures are not immediately passed on to consumers. I think that's a very important point and one that we're paying close attention to.
Thus far, I have not seen any measures that the companies have introduced where they are saying, “We can protect you. We have a great new gadget approach that will get rid of most of the spam calls, and it's only an extra $2 a month on your cell bill or on your phone bill.”
We have not seen that. I can at least speak for myself to say I wouldn't be very supportive as a regulator of such an approach by the carriers. I think it is in their interest to address this, and they should compete with one another for their customers in part on how well they protect them and serve them, not just their quality of service or their coverage, but also in things like protecting them from unwanted communications. I think it's in their best interest, but also, we should make sure it's not at the expense of consumers.
I think that's part of what underlies that. I'm not being very subtle, but I can say that I would not be supportive of seeing.... Let me rephrase it: I have expectations that the industry should deal with this because it's in their best interest and the best interest of consumers.