Last month, I had the honour of speaking at the Pathways to Privacy Symposium, a privacy event sponsored by the Privacy Commissioner of Canada and hosted by the University of Ottawa. The event featured many excellent presentations (the full seven hours can be viewed here). My talk focused on the recent emphasis on the need to improve oversight, a common refrain in reaction to both the Snowden surveillance revelations and Bill C-51, the anti-terrorism bill. While better oversight is necessary, I argue that it is not sufficient to address the legal shortcomings found in both Canada’s surveillance legislation and Bill C-51. The full talk (which unfortunately has slightly delayed sound) can be viewed here or below.
Post Tagged with: "surveillance"
Citizen Four, Laura Poitras’ enormously important behind-the-scenes documentary film on Edward Snowden, won the Academy Award last night for best documentary. The film is truly a must-see for anyone concerned with privacy and surveillance. It not only provides a compelling reminder of the massive scale and scope of surveillance today, but it also exposes us to the human side of Snowden’s decision to leave his life behind in order to tell the world about secret surveillance activity.
Canada is not mentioned in the film, but that is not because we have been immune to similar surveillance activity. In the months since the Snowden revelations began, there have been many Canadian-related stories including reports on G8/G20 spying, industrial spying in Brazil, the “airport wifi” surveillance program, and the massive Internet download surveillance program.
After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.
While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.
The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.
My weekly technology law column (Toronto Star version, homepage version) notes the surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill. Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.
Two shocking terror attacks on Canadian soil, one striking at the very heart of the Canadian parliament buildings and both leaving behind dead soldiers. Office buildings, shopping centres, and classrooms placed under lockdown for hours with many confronting violence first hand that is rarely associated with Canada.
Last week’s terror events will leave many searching for answers and seeking assurances from political and security leaders that they will take steps to prevent it from happening again. There will be an obvious temptation to look to the law to “fix” the issue, and if the past is a guide, stronger anti-terror legislation and warnings that Canadians may need to surrender more of their privacy and civil liberties in the name of greater security will soon follow.
My weekly technology law column (Toronto Star version, homepage version) notes that if there are legal solutions that would help foster better security, they should unquestionably be considered. Yet Canada should proceed with caution and recognize that past experience suggests that the unintended consequences that may arise from poorly analyzed legislation may do more harm than good.
Earlier this week I was pleased to speak at the monthly Geek Girls Toronto event. Hosted at the Mozilla offices, a sold-out audience showed yet again that there is enormous public interest and concern with recent privacy and surveillance developments. A video of the talk, which focused on the problems associated with lawful access, privacy reform, and surveillance, is posted below.