Justice Minister Sean Fraser appeared earlier this week before the Standing Committee on Justice and Human Rights, relying on what has become a standard defence of Bill C-22’s privacy implications, telling Conservative MP Roman Baber that the bill lets police access “a modern version” of what used to appear in the phone book. The “it’s just phone book information” claim has been repeatedly recycled by cabinet ministers and MPs alike. Public Safety Minister Gary Anandasangaree used the same framing to open the government’s second reading defence of the bill on April 15th, telling the House that “twenty-five years ago, there were phone books that every household had. Bell Canada would deliver phone books to virtually every household” and presenting lawful access as a restoration of what those phone books once provided to police. The problem is that the analogy is plainly misleading as the data captured by Bill C-22, whether subscriber data or metadata, is nothing like the name, address, and phone number that once filled the phone book.
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The Lawful Access Two-Headed Surveillance Monster: How Bill C-22 Went Off the Rails
The government’s plans for lawful access have gone off the rails. In recent days, Signal has warned it would pull out of the Canadian market rather than comply with Bill C-22. Windscribe, the Toronto-headquartered VPN provider, has said it would relocate its headquarters out of Canada and NordVPN has warned it would consider following suit. Apple and Meta have both raised public concerns about the bill’s effect on encryption and cybersecurity. The Canadian Chamber of Commerce, the Cybersecurity Advisors Network, civil liberties groups, and a long line of legal and security experts have all called for changes. The chairs of the U.S. House Judiciary and Foreign Affairs Committees have written to Public Safety Minister Gary Anandasangaree warning that the bill threatens U.S. national security and the integrity of cross-border data flows. Even the bill’s own oversight body, the National Security and Intelligence Review Agency, has told the SECU committee it does not have the access it needs for effective oversight. If the government thought it could push through the bill largely unnoticed, it has been proven painfully wrong as there are now trade frictions with the U.S., the prospect of leading companies exiting the Canadian market, and weaker cybersecurity protections for ordinary users.
How did Canada’s lawful access plan go awry so quickly?
Slick Videos Won’t Save Lawful Access: Why The Government’s Bill C-22 Defence Avoids the Charter, Privacy and Security Concerns Raised By Critics
With opposition to Bill C-22, the lawful access bill, mounting, Public Safety Minister Gary Anandasangaree has turned to social media with a video defending the bill as one that “respects Canadian privacy and Charter rights.” The video signals that the government has noticed the growing public concern. But the case against the bill, which I argued in committee testimony last week and in a series of earlier posts, raises at least four issues on which the government has not engaged: mandated metadata retention (which is ignored in its Charter Statement), a lower threshold for access to subscriber information that hurts privacy, security risks now alarming Canada’s closest allies, and an oversight architecture the oversight body itself says is incomplete.
More Surveillance Demands to Come?: Government Admits Bill C-22’s Lawful Access Provisions Could Be Expanded
Debate on Bill C-22, the Lawful Access Act, continued this week with Public Safety Minister Gary Anandasangaree and Secretary of State for Combatting Crime Ruby Sahota leading the government’s case on Wednesday. I posted earlier on the first day of debate, which was notable for what the government chose not to say, as Justice Minister Fraser devoted just a single paragraph to the bill’s expansive metadata retention provisions and offered only process answers to questions about systemic vulnerability risks. The government continues to do its best to ignore the metadata issue, but the most alarming outcome of the debate was the admission that the current bill may only be the starting point, with support for an even broader scope in follow-up regulations or legislation.
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