Post Tagged with: "prism"

Canada’s Lawful Access Bill Appears to Have Contained a Provision to Enable PRISM-Style Surveillance

As the revelations about U.S. secret surveillance continue, one of the more interesting recent articles was a Buzzfeed piece that focused on a Utah ISP that hosted a “little black box” in the corner inserted by the National Security Agency. The article describes how a Foreign Intelligence Service Act (FISA) warrant allowed the NSA to monitor the activities of an ISP subscriber by inserting surveillance equipment directly within the ISP’s network. The experience in Utah appears to have been replicated in many other Internet and technology companies, who face secret court orders to install equipment on their systems.

The U.S. experience should raise some alarm bells in Canada, since the now defeated lawful access bill envisioned similar legal powers. Section 14(4) of the bill provided:

July 29, 2013 — 10 comments — News

Debating Surveillance and the Law in Canada

The recent stories about surveillance in the United States and Canada have generated increased debate in the media over the issue and I’ve been privileged to participate in several discussions. Last week, I sat down with Nick Taylor-Vaisey of Maclean’s to discuss the issue. The full interview is now posted here. Further, CBC’s Cross-Country Check-Up spent two hours discussing surveillance and privacy on Sunday’s show. I appeared as a guest at about the 54 minute mark. Yesterday, I also participated in a far-ranging debate on surveillance and transparency on TVO’s The Agenda. The video version of the program should be online shortly, but in the meantime a podcast version is available.

Finally, my technology law column (Toronto Star version, homepage version) this week focuses again on the disconnect between 20th century laws and 21st century surveillance. It notes that revelations about secret surveillance in the United States involving both Internet-based communications and the collection of metadata from all cellphone calls immediately raised questions about the possibility of Canadian involvement or the inclusion of Canadian data. Given the common communication infrastructure and similarities between Canadian and U.S. laws, it seemed likely that Canada was engaged in much of the same activities. Within days, it was reported that Canada has its own metadata surveillance program, with the ministerial approval coming in 2011 from Defence Minister Peter McKay.

June 18, 2013 — 11 comments — Columns

Canadian Surveillance Laws Can’t Handle Modern Day Snooping Technologies

Appeared in the Toronto Star on June 15, 2013 as Surveillance Laws Can’t Handle Modern Snooping Technologies Revelations about secret surveillance in the United States involving both Internet-based communications and the collection of metadata from all cellphone calls immediately raised questions about the possibility of Canadian involvement or the inclusion […]

June 18, 2013 — Comments are Disabled — Columns Archive

Who Is Watching the Watchers?: Ten Questions About Canada’s Secret Metadata Surveillance Activities

The surveillance story may have started last week in the U.S. with the leak of several secret surveillance programs including massive surveillance of the metadata from all cellphone calls, but the Canadian questions continue to mount. The U.S. disclosures immediately raised questions about the possibility of Canadian involvement or the inclusion of Canadian data. Given the common communication infrastructure and the similarity between Canadian and U.S. laws, it seemed likely that Canada was engaged in much the same activities.

By Monday, the Globe was reporting that the CSEC has its own metadata surveillance program with approval granted through a ministerial directive from Defence Minister Peter MacKay in 2011. When questioned about the issue, MacKay sought to assure Canadians that the surveillance only involved foreign communications. Despite those assurances, the questions have continued to mount:

June 13, 2013 — 10 comments — News

20th Century Laws Meet 21st Century Surveillance: Why Metadata Surveillance is a Serious Concern

The concerns about telephone and Internet surveillance moved north yesterday as the Globe revealed that Canada has its own metadata surveillance program. The program was discontinued in 2008 after concerns that it could involve illegal surveillance of Canadians, but was secretly restarted in 2011. It is not clear what change sparked the policy reversal (if there was a reversal – some believe the program was never stopped). The issue was raised in the House of Commons, but the response from the government focuses on two claims: (1) that the surveillance does not target Canadians; and (2) that the data captured is metadata rather than content and therefore does not raise significant privacy issues.

Neither response should provide Canadians concerned for their privacy with much comfort as it increasingly apparent that Canada has 20th century protections in a world of 21st century surveillance.

June 11, 2013 — 6 comments — News