Communications Security Establishment Chief Greta Bossenmaier speaks with Public Safety Minister Ralph Goodale as they wait to appear before the Standing Committee on Public Safety and National Security, in Ottawa on Thursday, November 30, 2017. THE CANADIAN PRESS/Adrian Wyld

‘Case not made’ for Liberal bill’s problematic cyberspy powers

The Liberal government’s ill-defined plan to give Canada’s cyberspy agency wide-ranging powers to go on the attack against threats could trample civil liberties

The Liberal government’s ill-defined plan to give Canada’s cyberspy agency wide-ranging powers to go on the attack against threats could trample civil liberties, warns a newly released analysis.

The report by leading Canadian cybersecurity researchers says there is no clear rationale for expanding the Communications Security Establishment’s mandate to conduct offensive operations.

“The case has not been made that such powers are necessary, nor that they will result in a net benefit to the security of Canadians.”

The 71-page report, made public today, was prepared by a team of five researchers from the Citizen Lab at the Munk School of Global Affairs at the University of Toronto and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic at the University of Ottawa.

It delves into intricacies of the sweeping Liberal security bill, tabled in June, that would give the CSE new authority to conduct both defensive and offensive cyberoperations. The report makes 45 recommendations to safeguard privacy and human rights.

The Ottawa-based CSE uses highly advanced technology to intercept, sort and analyze foreign communications for nuggets of intelligence that are of interest to the federal government. It is a member of the Five Eyes intelligence alliance that also includes the United States, Britain, Australia and New Zealand.

Related: Federal government needs help tackling cyberthreats, internal report warns

The secretive CSE has been thrust into the headlines in recent years due to leaks by Edward Snowden, the former spy contractor who worked for the National Security Agency, the CSE’s American counterpart.

The Liberal legislation, which followed extensive public consultations, would give the CSE new muscle to engage in state-sponsored hacking and other covert measures. It would be authorized to interfere “with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.”

However, what this exactly means isn’t clear, nor does the legislation require that the target of the CSE’s intervention pose some kind of meaningful threat to Canada’s security interests, the report says.

The previous Conservative government gave the Canadian Security Intelligence Service, the national domestic spy service, the power to disrupt plots that threaten Canada, not just gather information about them. Disrupt could mean anything from defacing a website to sabotaging a vehicle.

The CSIS powers stirred controversy, raising fears of constitutional breaches, and the Liberal bill refines them to ensure consistency with the Charter of Rights and Freedoms.

The analysis says the proposed new CSE powers ”have the capacity to be at least as invasive, problematic and rights-infringing” as activities conducted by CSIS in the course of its threat-reduction activities.

The authors recommend the CSE be required to obtain judicial warrants, much like CSIS does, before taking disruptive actions in cyberspace. At minimum, there should be a more robust plan for independent, real-time oversight of the CSE’s offensive activities.

Related: Human rights, cyber security to be part of Canada-China free trade consultations

They also caution that endorsing state-sponsored cyberoperations has serious international implications, and is ”likely to legitimize and encourage other states — including those with problematic human rights records — to do the same.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Pixabay)
B.C. seniors advocay groups responds to election platforms

BC Seniors Living Assn is dedicated to being a valuable source for development, education and growth

On Remembrance Day this year, many Canadians will be reflecting on the 75th anniversary of the end of the Second World War. Among those will be war amputee veteran Bob Gondek (pictured), who served alongside the Allied Forces with the 2nd Polish Corps during the Italian Campaign. In 1944, Bob was based outside Loretto, Italy when heavy gun fire broke out, resulting in the loss of part of his left arm below the elbow. Bob immigrated to Canada where he became a member of The War Amps, an association originally started by amputee veterans returning from the First World War to help each other adapt to their new reality as amputees. For the last 50 years on Remembrance Day, Bob has laid a wreath to honour his comrades and pay tribute to all those who lost their lives. Photo: War Amps
Second World War veteran shares story of service, loss of limb

For 50 years, Bob has laid a wreath to pay tribute to all those who lost their lives.

Katrine Conroy has won for the fifth time in the Kootenay West riding. Photo: Submitted
Katrine Conroy ready to tackle challenges after election

Conroy won the Kootenay West riding for the fifth time

Logan Terness made 31 saves to backstop the Trail Smoke Eaters to a 4-2 victory over the Cranbrook Bucks on Saturday at the Cominco Arena. Jim Bailey photo.
Trail Smoke Eaters double up Bucks, take Game 3 of Kootenay Cup

The Trail Smoke Eaters Chase Dafoe scored the game winner in a 4-2 victory over Cranbrook Saturday

Katrine Conroy
Katrine Conroy declared winner in Kootenay West

Preliminary results put NDP candidate firmly in the lead.

FILE – Provincial Health Officer Dr. Bonnie Henry provides the latest update on the COVID-19 pandemic in the province during a press conference in the press theatre at Legislature in Victoria, B.C., on Thursday, October 22, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. shatters COVID-19 records with 817 weekend cases; masks now expected indoors

Three people have died over the past three reporting periods

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Some of the characters in the League of Legends video game. (Photo: na.leagueoflegends.com)
E-sports trial at B.C. high schools to start with ‘League of Legends’ team game

For fall launch, Vancouver’s GameSeta company partners with BC School Sports

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Interior Health sees 31 new cases of COVID-19 over record-breaking weekend

Eighty-six cases remain active and one person is hospitalized with the virus

RCMP have released more details regarding what led up to an arrest caught on video in Williams Lake Sunday, Oct. 26. (Facebook video screenshot)
Review launched after ‘high-risk, multi-jurisdictional’ chase, arrest in Williams Lake

RCMP launching a full review and code of conduct investigation

(Pxfuel)
B.C. limits events in private homes to household, plus ‘safe six’ amid COVID-19 surge

Henry issued a public health order limiting private gatherings to one household, plus a group of ‘safe six’ only

B.C. Liberal Leader Andrew Wilkinson speaks during a drive-in car rally campaign stop at a tour bus operator, in Delta, Saturday, Oct. 17, 2020. THE CANADIAN PRESS/Darryl Dyck
Andrew Wilkinson stepping down as B.C. Liberal leader

Will stay on until the next party leader is chosen

Most Read