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Snowden Documents Show U.S. Spy Operation at G20 in Toronto

The CBC reports that newly obtained Snowden documents reveal that the Canadian government allowed the NSA to conduct widespread surveillance during the 2010 G8 and G20 summits. The six-day spying operation was apparently conducted  in close coordination with the Canadian partner.

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November 28, 2013 Comments are Disabled News

NDP Calls on Government To Split C-13 While Stoddart Surprisingly Supports Approach

The New Democrats have called on the government to split Bill C-13, arguing that the cyberbullying provisions should be examined separately from the return of lawful access provisions.  Somewhat surprisingly, outgoing Privacy Commissioner Jennifer Stoddart has expressed support for the government’s decision to include lawful access powers in the bill.

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November 28, 2013 1 comment News

Government Names Bernier Interim Privacy Commissioner

The federal government has announced that Chantal Bernier will take over as Interim Privacy Commissioner next week with the end of Jennifer Stoddart’s term. The government is currently advertising the position.

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November 28, 2013 3 comments News

Lawful Access Returns Under the Cover of Cyber-Bullying Bill

In February 2012, then-Public Safety Minister Vic Toews introduced Internet surveillance legislation that sparked widespread criticism from across the political spectrum. The overwhelming negative publicity pressured the government to quickly backtrack by placing Bill C-30 on hold. Earlier this year, then-Justice Minister Rob Nicholson announced that the bill was dead, confirming “we will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30.”

My weekly technology law column (Toronto Star version, homepage version) notes that Nicholson’s commitment lasted less than a year. Last week, Peter MacKay, the new federal justice minister, unveiled Bill C-13, which is being marketed as an effort to crack down on cyber-bullying. Yet the vast majority of the bill simply brings back many (though not all) lawful access provisions found in Bill C-30.

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November 27, 2013 2 comments Columns

Federal Ct Takes CSIS To Task In Case Involving CSEC Requests for Foreign Agency Spying on Canadians

Since the first Snowden revelations earlier this year, there has been much speculation about the use foreign intelligence agencies (such as the NSA) to conduct surveillance on Canadians. While the government is always careful to say that CSEC does not spy on Canadians, many suspect that each of the “five eyes” agencies (the US, UK, Canada, Australia, and New Zealand)  do it on their behalf. Yesterday, a federal court judge confirmed the practice as part of a decision that found CSIS “breached its duty of candour to the Court by not disclosing information that was relevant to the exercise of jurisdiction by the Court and to the determination by the Court that the criteria of investigative necessity and the impracticality of other procedures set out in subsection 21 (2) of the CSIS Act had been satisfied.”

The lack of candour appears to arise from the failure to disclose that the CSIS warrants would involve seeking CSEC assistance in requesting foreign interception of Canadian communications:

the Court has determined that the execution of the type of warrants at issue in Canada has been  accompanied by requests made by CSEC, on behalf of CSIS, to foreign agencies (members of the “Five Eyes” alliance), for the interception of the telecommunications of Canadian persons abroad.

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November 26, 2013 16 comments News