Consultation Relating to the Use of Radiocommunication Devices in Auto Theft

2. The Minister, through the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, with due regard to the objectives of the Telecommunications Act, is responsible for spectrum management in Canada. As such, the Minister is responsible for developing goals and national policies for spectrum resource use and for ensuring an orderly and effective management of radiocommunication in Canada. Further, through the Department of Industry Act, the Minister is responsible for promoting the interest and protection of Canadian consumers.

3. Under the Radiocommunication Act, the Minister is responsible for developing policies for how spectrum resources may be used and ensuring its effective management for the benefit of all Canadians. In developing policies, technical and licensing frameworks, the Minister is further guided by the policy objectives of the Telecommunications Act, and the Spectrum Policy Framework for Canada (SPFC), which seeks to maximize the economic and social benefits that Canadians derive from the use of this resource. These policy objectives, along with the enabling guidelines outlined in the SPFC, continue to be relevant for guiding the Minister in delivering its mandate of spectrum management.

4. Auto theft is a serious and increasingly common issue, which has a significant impact on safety as well as on the cost of living and affordability for Canadians. Auto theft impacts thousands of Canadian households every year and the government has seen evidence of this rising trend. In 2022, as compared to the previous year, rates of vehicle theft rose by:

• 50% in Quebec
• 48.3% in Ontario
• 34.5% in Atlantic Canada
• 18.35% in Alberta

Auto theft increasingly involves organized crime groups, who are using the proceeds of auto theft to fund other illegal activities.

5. In recent years, emerging new technologies, as well as repurposed existing technologies, have been used to facilitate unlawful activities, such as auto theft, by exploiting the common radiocommunication features, which are built in to (nearly) all modern vehicles. Particularly, certain devices can exploit radiocommunication signals between remote car keys (commonly known as key fobs) and vehicle computer systems.

6. The interception and duplication of radiocommunication for auto theft can occur in multiple ways, including wireless relay attacks or through bypassing security software using a vehicle’s on-board diagnostic (OBD) port for the purpose of stealing and reselling said vehicle.

7. Auto theft is a complex issue, consisting of many points of possible deterrence and intervention including prevention, detection, enforcement, and recovery. This may include taking targeted action in order to restrict access and use of devices, which are capable of being used to exploit radiocommunication to perform the activities noted above.

8. Currently, the Minister has established technical standards and certification requirements for radio apparatus in support of Canada’s effective management of spectrum. ISED takes action to prevent the sale and distribution of devices, which do not conform to established technical standards, including devices that may reasonably be understood to be used, or intended to be used, for the purpose of enabling auto theft. These non-conforming devices may include remote key programmers, immobilizer key programmers, and code grabbers. Through routine market surveillance activities, ISED identifies devices found in the Canadian distribution chain that are not listed on the Radio equipment list, which is a certification requirement for most radio equipment in Canada. ISED also targets radiofrequency signal jammers, which are prohibited under the Radiocommunication Act and are known to be actively used in conjunction with vehicle theft. Moreover, ISED engages with distributors to ensure that corrective actions are taken regarding the sale of uncertified and prohibited devices in Canada.

9. From a technical perspective, radio apparatus that can be used for criminal activity, such as auto theft, may also be used for legitimate purposes. Many of these devices are exempt from licensing requirements under the Radiocommunication Act. As such, these devices can operate anywhere in Canada, provided they meet technical standards and are certified, which ensures that devices can function without causing undue interference to other radiocommunication. Additionally, they can currently be legally sold, distributed, and operated in Canada. Therefore, any restriction must establish a distinction between the legitimate and illegitimate sale, distribution and operation of these devices.

10. In this consultation, ISED is seeking to obtain the preliminary views of industry, as well as interested and potentially affected parties on a number of key aspects relating to the use of radiocommunication devices in auto theft, including which devices are of concern, what legitimate uses may exist, and who the legitimate users of those devices may be.

11. Respondents are asked to specify question numbers for ease of referencing and should include detailed explanations in all cases and supporting evidence where available. As all comments will be published, those making submissions are responsible for ensuring that they do not contain confidential or private information.

5.1. Types of devices used in auto theft

12. Radiocommunication devices used for the purposes of facilitating auto theft may include:

• code grabbers or crypto grabbers: devices designed to receive or copy the code emitted by a vehicle remote key to replicate and/or transmit the copied code to access the vehicle
• keyless car relay attack unit: devices designed to intercept and capture radiocommunication signals from a vehicle remote key to relay or transmit this signal to a vehicle allowing entry and the ability to start the engine
• keyless repeaters: devices that amplify remote key signals to create a bridge between a vehicle and the key in order to access a vehicle from a greater distance
• on-board diagnostic (OBD) programmers: devices that allow access to data from the electronic control unit (ECU) to allow the programming of one or more new remote keys
• programmable non-original equipment manufacturer (OEM) key fobs: handheld remote-control devices that can be programmed to communicate as part of a remote keyless entry system and allow the user to start a vehicle
• remote key programmers or key programmer immobilizers: devices that communicate with a vehicle's immobilizer system to extract the necessary information in order to program a new remote key
• smart key emulators: devices that are pre-programmed with vehicle make and model codes to obtain entry to a vehicle and start the engine

13. Some of the devices mentioned above such as remote key programmers and code grabbers can be marketed for different functions such as car diagnostic tools and security diagnostic tools, respectively. On the other hand, keyless repeaters, crypto grabbers, smart key emulators and relay attack units will often be marketed as ‘car theft devices.’

5.2. Areas of legitimate use

14. ISED understands that there are legitimate uses for many of the radiocommunication devices, which may also be used to facilitate auto theft. The nature and importance of these legitimate uses must be considered in order to strike an appropriate regulatory balance. This balance must support consumer safety against the illegitimate use of radiocommunication signals, without unnecessarily stifling innovation and the legitimate needs of both industry and individual consumers.

15. ISED is aware that certain devices may be used within the automotive industry (for instance, by new and used car dealerships and auto mechanic shops) to program new key fobs or starters and to replace lost or damaged ones. Further, many newer vehicles are equipped with garage door or gate opener transmitters. These transmitters can function as a code grabber given that they can record and replicate radiocommunication signals to permit the owner to transmit door or gate opener signals wirelessly from their vehicle.

16. ISED is also aware that certain devices may be used in the security and cybersecurity sectors for establishing physical building access, testing system vulnerabilities and for software development purposes.

17. There may be other legitimate uses for certain devices. Consequently, as part of this consultation process, ISED is seeking further details on the legitimate use of these devices.

18. As part of this consultation, ISED is seeking to engage with stakeholders to gain a preliminary understanding of considerations the Minister might take into account concerning the timing of actions taken regarding devices discussed in section 5. The Minister is also seeking insights on any other considerations that should be taken into account in balancing legitimate usage versus the risk that certain wireless devices may pose with respect to facilitating auto theft.

19. Submissions and responses to questions as part of this consultation should include detailed explanations in all cases and supporting evidence where available.

6.1. Timelines for implementation

20. ISED intends to move quickly with its consideration of appropriate regulatory measures under the Radiocommunication Act to support the broader ongoing government efforts to address the impact of rising rates of auto theft on everyday Canadians.

21. To this point, the Minister has already communicated with many key stakeholders in the existing distribution chain of these devices, encouraging them to take immediate steps to restrict the sale of these devices within Canada.

22. ISED is seeking information on any relevant matters the Minister should take into consideration regarding the timing of further actions to be taken regarding radiocommunication devices, which may be used to facilitate auto theft.

6.2. Balancing interests

23. As noted above, ISED is aware that there may be legitimate uses for certain radiocommunication devices, which may also be used to facilitate auto theft. As such, ISED is seeking comments on how the Minister should weigh the impacts of taking any action to restrict these devices versus the risks that their sale and distribution in the Canadian marketplace and/or operation thereof in Canada poses with respect to auto theft.

24. ISED will review the comments received and publish its decision on the issues raised in this consultation.

25. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email to spectrumoperations-operationsduspectre@ised-isde.gc.ca and to specify the individual questions for ease of reference.

26. Printed submissions should be addressed to:

Innovation, Science and Economic Development Canada
Spectrum Management Operations Branch
Senior Director
6th floor, East Tower
235 Queen St
Ottawa ON  K1A 0H5

27. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (DGSO-003-24). Parties should submit their comments no later than July 8, 2024, to ensure consideration.

28. Soon after the close of the comment period, all comments received will be posted on ISED’s Spectrum management and telecommunications website.

29. In addition, respondents are asked to specify question numbers for ease of referencing and to provide supporting rationale for each response. As all comments will be published, those making submissions are responsible for ensuring that they do not contain confidential or private information.

30. Following the initial comment period, ISED is providing interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until August 12, 2024.

31. All ISED publications related to spectrum management and telecommunications are available on the Spectrum management and telecommunications website.