Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

Display Binary Bytes Code by Markus Spiske / ffcu.io  Creative Commons Zero – CC0 – Public Domain

Five Eyes Wide Open: How Bill C-59 Mixes Oversight with Expansive Cyber-Security Powers

Four years ago, Edward Snowden shocked the world with a series of surveillance disclosures that forced many to rethink basic assumptions about the privacy of online activities in light of NSA actions. In the years that have followed, we have learned much more about the role of other countries – including Canada – in similar activities (often in partnership with the NSA). The legality and oversight over these cyber-related programs fell into a murky area, with legal challenges over metadata programs, court decisions that questioned whether Canadian agencies were offside the law, the hurriedly drafted Bill C-51 that sparked widespread criticism, and concern over the oversight and review process that many viewed as inadequate.

Yesterday, the Liberal government unveiled Bill C-59, the first genuine attempt to overhaul Canadian surveillance and security law in decades. The bill is large and complicated, requiring months of study to fully assess its implications (reactions from Forcese/Roach, BCCLA, CBC, Wark, Amnesty). At first glance, however, it addresses some of the core criticisms of the Conservatives’ Bill C-51 and a legal framework that had struggled to keep pace with emerging technologies. Leading the way is an oversight super-structure that replaces the previous silo approach that often left commissioners with inadequate resources and legal powers. The government has promised to spend millions of dollars to give the new oversight structure the resources it needs alongside legal powers that grant better and more effective review of Canadian activities.

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June 21, 2017 8 comments News
Private by James Cridland (CC BY 2.0) https://flic.kr/p/5DTsBs

Anti-Lawful Access Tide Continues: Security Consultation Finds Public Strongly Opposed to New Reforms

Law enforcement efforts to revive lawful access reform continue to face political and public opposition. Earlier this month, the House of Commons Standing Committee on Public Safety and National Security recommended that the current approach remain unchanged. Indeed, Committee Chair Rob Oliphant said that police sought expanded powers, but that the argument was not yet “compelling.”

Public Safety’s report released last week on responses to its national consultation on security indicates that the broader public agrees. The issue drew the majority of feedback during the consultation:

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May 24, 2017 3 comments News
watcher_and_watched_1692 by Pete (CC BY-SA 2.0) https://flic.kr/p/NefB

Public Safety Committee Recommends Against Lawful Access Reforms

Last month, I wrote about the recent initiative to revive lawful access, the rules that govern police access to Internet and subscriber information. A cybercrime working group has held consultations (I participated in one) as law enforcement seeks new powers for warrantless access to some ISP information (called “pre-cursor” data) and a new, lower threshold warrant for other subscriber data. While law enforcement has argued that the current system is broken, the House of Commons Standing Committee on Public Safety and National Security has recommended that the current approach remain unchanged.

The committee’s much anticipated report on developing a road map for national security contains dozens of recommendations (my colleague Craig Forcese reviews many of them) including one on lawful access.  It states:

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May 3, 2017 3 comments News
Human rights trump trade deals. by Alisdare Hickson (CC BY-SA 2.0) https://flic.kr/p/Rh826L

Deciphering the U.S. NAFTA Digital Demands, Part Two: Digital Economy, Services and Transparency

Last week I posted on the leak of the draft notice from the Trump Administration on the NAFTA renegotiation, which identifies at least 40 issues, will serve as the starting point for discussions once talks begin. The post unpacked some of the general language to decipher what the U.S. has in mind on intellectual property issues. This second post examines some of the digital issues that U.S. officials have indicated will form a key part of the updated trade agreement.

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April 6, 2017 2 comments News
Data Security Breach by Blogtrepreneur (CC BY 2.0) blogtrepreneur.com/tech

Why Warrantless Access to Internet Subscriber Information is Back on the Legislative Agenda

The federal government has yet to release its response to last year’s national security consultation, but at least one thing is increasingly apparent. Lawful access, the regulations that govern police access to Internet and telecom subscriber information, will be back on Public Safety Minister Ralph Goodale’s legislative agenda. My Globe and Mail column notes that the details of the complex new rules that would grant warrantless access to some telecom and Internet information system are still a work-in-progress, but the final outcome is sure to raise concerns with the privacy advocates as well as telecom and Internet providers.

A cybercrime working group comprised of senior officials from federal, provincial and territorial governments have spent months developing the new lawful access framework.  It recently held two invitation-only consultations on the issue with Canadian telecom and Internet companies as well as civil society groups and academic experts. I participated in the latter event, which was held under Chatham House rules that allow for disclosure of the content of the meeting without attribution to specific commentators.

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April 4, 2017 5 comments Columns