The European Union has recently announced that it will allocate 140 million euros (about $216 million CAD) this year to study the feasibility of issuing and maintaining biometric passports and visas, among other immigration-related issues. Intended to stop fraud and counterfeit activities, the measures would see computer chips with digital fingerprints and eye scans implanted in all new European passports and visas. Privacy advocates have asserted that the chips would enable governments to engage in the "wholesale surveillance of peoples' movements". Part of the pressure for the biometric identification measures comes from US fears of terrorist infiltration since September 11, 2001. Under the US Enhanced Border Security and Visa Entry Reform Act of 2002, countries in the "visa waiver program" (which includes most European countries) must issue their citizens machine-readable passports that are "tamper-resistant and incorporate biometric and document authentication identifiers" before October 26, 2004. Although the Canadian government has studied the implementation of similar measures for new immigrants, no plans to implement biometric passports and visas have been announced. President's Report from the European Council Meeting in Thessaloniki, Greece (June 19-20, 2003) at which the measures were announced: http://makeashorterlink.com/?Q1FF23915 News coverage of the announced measures: http://www.nytimes.com/2003/06/20/international/20CND-PASS.html?th Criticism from privacy advocates at Statewatch: http://www.poptel.org.uk/statewatch/news/2003/jun/22bio.htm Copy of US Enhanced Border Security and Visa Entry Reform Act of 2002: http://makeashorterlink.com/?B20014A15 Report from Congressional Research Service on US-Canada Border Issues: http://www.usembassycanada.gov/content/can_usa/border_crs_070802.pdf Summary by: Jennifer Jannuska

E-TIPS® ISSUE

03 07 03

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.