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

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

OTTAWA — 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.

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.

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.”

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

Just Posted

The Red Deer Catholic Regional Schools Board of Trustees selected the name St. Lorenzo Ruiz Middle School to be built in the north end of Red Deer. (Photo Courtesy of  Red Deer Catholic Regional Schools)
Red Deer Catholic Regional Schools raises about $8,720 for Terry Fox Foundation

Red Deer Catholic Regional Schools raised about $8,720 for the Terry Fox… Continue reading

A nurse gets a swab ready at a temporary COVID-19 test clinic in Montreal, on Friday, May 15, 2020. Health Canada has reversed course on home test kits for COVID-19, saying it will now review applications for such devices. THE CANADIAN PRESS/Paul Chiasson
Alberta declines Ontario’s request to send health-care workers

Alberta is “not in a position” to send health-care workers out of… Continue reading

The Red Deer Rebels allowed four straight goals from the Medicine Hat Tigers Friday night on the road. (Photo by Rob Wallator/ Red Deer Rebels)
Tigers hand Red Deer Rebels 10th straight loss

Tigers 4 Rebels 2 Through 17 games in the shortened WHL season,… Continue reading

Meghan Huizing has been selected by Red Deer Catholic Regional Schools as a finalist for the Alberta School Boards Association (ASBA) 2021 Edwin Parr Award. (Photo courtesy of Red Deer Regional Catholic Schools)
Red Deer Catholic names finalist for Edwin Parr Award

Meghan Huizing from St. Gregory the Great Catholic School in Blackfalds has… Continue reading

GrammaLink-Africa members are participating in the Stride to Turn the Tide campaign until June 30. (Contributed photo)
Red Deer group walking to raise money for African grandmothers

A group of central Albertans will be walking every day until the… Continue reading

Red Deer Public Schools will not pilot the new draft curriculum at its elementary schools. (File photo contributed by Red Deer Public Schools)
UPDATED: Red Deer Public Schools says no to piloting new curriculum

Alberta Teachers’ Association support school boards

Opinion
Opinion: Canada’s self-esteem needs Trump

Well, it was fun while it lasted. For four years, with Donald… Continue reading

Harley Hay
Harley Hay: Shenanigans on the links

It must be something about my Scottish heritage but I seem to… Continue reading

Muskrats can occupy any wetland that is shallow enough to permit the growth of their aquatic food.
Pearman: Muskrats numbers rebounding in central Alberta

I have spent many pleasant hours muskrat watching. Time spent in the… Continue reading

Montreal Canadiens' Tyler Toffoli celebrates his goal past Calgary Flames goaltender Jacob Markstrom during second-period NHL hockey action in Montreal on Friday, April 16, 2021. THE CANADIAN PRESS/Paul Chiasson
Toffoli scores twice, Canadiens put some distance on Flames with 2-1 win

Toffoli scores twice, Canadiens put some distance on Flames with 2-1 win

Letters
Letter: Go camping in B.C.

The news is reporting that a lot of people are threatening to… Continue reading

Canadian prop Jake Ilnicki savouring life in Seattle, looks forward to facing Arrows

Canadian prop Jake Ilnicki savouring life in Seattle, looks forward to facing Arrows

Corey Conners, of Canada, hits out of a bunker on the seventh hole during the final round of the Masters golf tournament in Augusta, Ga., Sunday, April 11, 2021. Conners notched six birdies on his back nine to take the lead after his second round of the RBC Heritage on Friday. THE CANADIAN PRESS/AP-Matt Slocum
Canadian Corey Conners surges into lead at PGA Tour’s RBC Heritage

Canadian Corey Conners surges into lead at PGA Tour’s RBC Heritage

Patrick Marleau poised to break Gordie Howe’s games record

Patrick Marleau poised to break Gordie Howe’s games record

Most Read