Canadian Government Looking To Step Up Domestic Surveillance, Scale Back Intelligence Oversight

from the if-you-like-your-surveillance-state,-you-can-keep-it dept

Canada has its own PATRIOT Act -- one that was supposed to be fixed by its new heartthrob PM, Justin Trudeau. As Cory Doctorow points out at Boing Boing, Trudeau promised to fix it in post, but that's not what's happening.

Back in 2015, Canada's failing, doomed Conservative government introduced Bill C-51, a far-reaching mass surveillance bill that read like PATRIOT Act fanfic; Justin Trudeau, leader of what was then a minority opposition party, whipped his MPs to vote for it, allowing it to pass, and cynically admitting that he was only turning this into law because he didn't want to give the Conservatives a rhetorical stick to beat him with in the next election -- he promised that once he was Prime Minister, he'd fix it.

Now the Trudeau government has introduced Bill C-59, which is meant to correct those deficits. Instead, it makes them far, far worse.

Security research group Citizen Lab have done the heavy lifting Trudeau seems uninterested in doing. A comprehensive report [PDF] detailing everything wrong with the bill (along with 54[!] recommendations for fixes) has been published by the group. In it, Citizen Lab notes C-59 expands domestic surveillance, lowers standards for surveillance deployment, and trims back government oversight.

Dozens of problems have been found in the draft bill by Citizen Lab. The bill Trudeau was supposed to fix is instead morphing into a surveillance state blank check. The Lab finds a whole lot that's unlikable in the legislation.

Longstanding problems with the CSE’s foreign intelligence operations, which are predicated on ambiguous and secretive legal interpretations that legitimize bulk collection and mass surveillance activities.

The complete lack of meaningful oversight and control of the CSE’s activities under the proposed active and defensive cyber operations aspects of its mandate.

The absence of meaningful safeguards or restrictions on the CSE’s active and defensive cyber operations activities, which have the potential to seriously threaten secure communications tools, public safety, and global security.

The absence of meaningful safeguards or restrictions on the CSE’s activities more generally. As drafted, the CSE Act appears to include a loophole which would allow the Establishment to cause death or bodily harm, and to interfere with the “course of justice or democracy,” if acting under its foreign intelligence or cybersecurity powers while prohibiting these outcomes under its new cyber operation powers.

Concerns regarding the framework for the CSE’s acquisition of malware, spyware and hacking tools, which may legitimize a market predicated on undermining and subverting, rather than strengthening, the security of the global information infrastructure.

Weak and vague protections for the privacy of Canadians and persons in Canada, alongside an abject disregard for privacy rights as an international human rights norm.

Extraordinary exceptions to the CSE’s general rule against “directing” activities at Canadians and persons in Canada significantly expand the CSE’s ability to use its expansive powers domestically.

Deep tensions at the core of the CSE mandate, which requires the Establishment to both protect and defend against security threats while simultaneously exploiting, maintaining, and creating new vulnerabilities in order to further its foreign intelligence agenda. These tensions are exacerbated by the introduction of new offensive powers and the two new aspects of its mandate.

So, how do you fix it? Well, 54 recommendations are laid out by Citizen Lab, approximately 54 of which supporters of the bill will find unfeasible. The recommendations would put all the stuff back in legislators left out in their desire to expand government power under the cover of national security. More oversight. Fewer powers. Refined definitions. More public reporting. These are all enhancements Canada's intelligence agencies are unlikely to find beneficial.

With a great deal of editing, C-59 could become a streamlined, responsible answer to the national security question. Instead, it's hardly better than the atrocity it's replacing, despite Trudeau's pre-campaign promises.

Filed Under: canada, justin trudeau, patriot act, surveillance

Canada Appoints Lobbyist To Top Telecom Regulator, Follows US Down The Regulatory Capture Rabbit Hole

from the whiplash-from-the-revolving-door dept

The last few years have seen a boon in consumer and small-business-friendly policies coming out of Canada's telecom regulator the CRTC. Under outgoing agency head Jean-Pierre Blais, the agency bumped the definition of broadband to 50 Mbps, required that phones must now be sold unlocked in Canada, shored up the country's net neutrality rules, and took aim at the anti-competitive use of usage caps and overage fees. Not everything Blais did was a success (like their attempt to force cable TV providers to offer cheaper plans, then failing to follow through) but by and large the CRTC has been an improvement over years past.

But Canadian consumers are worried that's coming to an end with Justin Trudeau's decision to appoint telecom executive and lobbyist Ian Scott to head the agency. Scott has spent years working at and lobbying for several Canadian telecom incumbents, his velocity through the regulatory revolving door at several times leading to complaints over conflicts of interest.

Scott's appointment have many Canadian consumer advocates worried that after several years of aiding consumers, Canada is eager to follow their neighbors to the south down the regulatory capture rabbit hole:

"This is a concerning choice by the government,” said OpenMedia communications manager Meghan Sali, who also noted that, under Blais, the regulator declared broadband Internet a basic service in Canada.

“Canadians were hoping for somebody with a strong consumer rights background, and will undoubtedly be disheartened to see the Trudeau government place someone from industry into the top decision-making position."

Much like former US FCC boss Tom Wheeler, Blais' attempts to actually stand up for consumers raised hackles at Canadian incumbents. At one point, Canadian incumbent Bell actually refused to let Blais appear on their television channels in retribution for his efforts to make Canadian cable television more affordable. Similarly, much like here in the States, incumbent ISPs often tried to characterize Blais' slightly-more consumer-friendly policies as radical and fatal to industry investment and innovation. Needless to say, they're arguably thrilled by this new appointment of a direct ally.

Of course the fact that Scott has spent the better part of the last few decades employed by incumbent Canadian ISPs doesn't automatically mean he'll be a sycophant to industry. Many are quick to highlight how nobody thought much of former U.S. FCC boss Tom Wheeler initially, his history of lobbying for the cable and wireless industries having raised plenty of eyebrows after his initial appointment. And because Wheeler went from dingo to what most see as the most-consumer friendly FCC boss potentially in agency history, he's now consistently used to downplay the historical threat posed by revolving door regulators.

Except Wheeler was a lobbyist for the cable and wireless industries during their nascent years, when both were pesky upstarts actually interested in competition and disruption. Wheeler also historically showed an uncommon ability to actually change his positions based on facts, an attribute in increasingly rare supply. So while it's certainly possible Canada's new CRTC boss could "pull a Wheeler" and somehow magically become a consumer ally, history generally suggests that Tom Wheeler was the exception, not the rule. Still, maybe Canadians will get lucky and Canada won't revert to a more industry-cozy approach to telecom and media policy.

Filed Under: canada, crtc, ian scott, jean-pierre blais, justin trudeau, lobbyists, net neutrality, regulatory capture, telecom

After Nine Years Of Censorship, Canada Finally Unmuzzles Its Scientists

from the justin-trudeau-strikes-again dept

Here's something we don't see enough of here on Techdirt: a long and dispiriting saga with a happy ending. Over the years, we've reported on how Canada's previous prime minister, Stephen Harper, tried to stifle dissenting voices among government scientists and librarians, all of whom were expected to self-censor, even outside their work. But as most people know by now, the new Canadian administration under Justin Trudeau has a rather different style, and fortunately that also applies to how it treats its scientists. As an article in Nature reports, things may be moving too slowly for some, but at least they are moving:

the [Canadian] government is loosening its grip on communications but the shift at some agencies has not been as swift and comprehensive as many had hoped. And with the newfound freedom to speak, the full impact of the former restrictions is finally becoming clear. Canadian scientists and government representatives are opening up about what it was like to work under the former policy and the kind of consequences it had. Some of the officials who imposed the rules are talking about how the restrictions affected the morale and careers of researchers.

As well as filling in the background to this welcome move, Nature explores some of the stories that are starting to emerge, like this one:

During the 1970s, [Ian Stirling, a prominent biologist with Environment and Climate Change Canada] had gone to meetings in Canada that were also attended by Soviet scientists. The visiting researchers would arrive, he says, "with a KGB guy, who would stand there with no smiles, a scowl on his face and arms crossed". Stirling still finds it unbelievable that the Canadian government used similar tactics at conferences. In 2012, for example, the Canadian news outlet CBC reported that media minders had shadowed scientists from Environment Canada at a meeting of the International Polar Year in Montreal.

It's important to remember that Canada is not alone in having these muzzling problems. The article notes that during the administration of President George W. Bush, US government scientists complained that inconvenient data was being altered or simply suppressed. More recently, the UK government unveiled plans to forbid its scientists from lobbying for changes in their own field. Although it has now introduced some exemptions from the controversial "gagging clause", these seem half-hearted and possibly temporary. It obviously needs to pay more attention to Justin.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

Filed Under: canada, dissent, free speech, justin trudeau, opinions, policy, scientists, stephen harper

TPP Ratification Process Grinding To A Halt As Canada Launches 'Widespread Consultations' On The Deal

from the vicious-circle dept

As we noted recently, the arrival of a new government in Canada has meant that the corporate sovereignty provisions in CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU, might be re-examined, even if they are unlikely to be dropped completely. The other major trade deal involving Canada, TPP, is much more complex, since there are 11 other nations to consider. Although that limits the Candian government's scope for changing course, it appears that it is nonetheless taking a radically different approach compared to its predecessor. Where Stephen Harper's government was unwilling to involve the public in any way, Justin Trudeau's team seems willing at least to ask for their views:

The Liberal government, under pressure from labour unions fretting about what they fear will be big job losses once TPP comes into effect, have launched widespread consultations on the deal. This could take considerable time, said the government, which strongly advocates the idea of free trade.

As that paragraph from an article in The Globe and Mail makes clear, the Canadian government is still keen on TPP, and aims to pass it, but it does seem that the process is going to take far longer than originally envisaged. According to The Globe and Mail, Canada aims to sign soon, but not ratify it -- the final part of the process. That's in part because it's not at all clear when the US will get around to its own ratification. Doubts about the US timetable have increased after The Washington Post published the following:

Senate Majority Leader Mitch McConnell (R-Ky.) dealt a significant blow to President Obama's global trade agenda Thursday, declaring that a sweeping pact with 11 Pacific Rim nations should not be sent to Congress for approval until after the 2016 elections -- and maybe not until after Obama leaves office.

McConnell, who previously supported efforts to enhance Obama's trade negotiating powers, signaled that he was undecided on how he would vote on the deal, but he was clear that the Trans-Pacific Partnership (TPP) would be defeated if it were sent to Capitol Hill next spring or summer, as the administration was planning to do.

That uncertainty is unnerving other TPP nations, as The Globe and Mail notes:

"Why would you expend any political capital on ratification if the whole process isn't going anywhere?" said an official from a third TPP nation.

One consequence of the other TPP parties not ratifying the agreement quickly is that it makes it even harder to pass the agreement in the US -- a classic vicious circle:

“It would certainly be helpful if other nations moved to ratify,” said a U.S. official familiar with the matter.

That's clearly not going to happen anytime soon in Canada, as the government there makes good on its promise to consult the public on the deal. TPP may be done, but it's by no means dusted.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

Filed Under: canada, justin trudeau, ratification, tpp, us

Canadian Politician Uses Nutty Hybrid Copyright Complaint In Attempt To Stifle Criticism

from the if-this-then-that dept

The political debate in Canada is heating up, with the Conservative party recently launching a series of attack ads aimed at the new Liberal party leader, Justin Trudeau. Whatever you think of these kinds of ads — and I am of the mind that it sucks to see them getting more and more popular in Canada, no matter which party is using them — former Liberal leader and current Liberal MP Stéphane Dion has now shown everyone how not to respond to them. In a letter to Canada's election regulators, Dion has presented the incredibly twisted argument that the footage in these ads violates copyright law, which makes it an illegal campaign contribution:

Recently, the CPC used footage owned by the Huffington Post and CTV in a television advertising campaign directed at the Liberal Party of Canada. These advertisements are being aired nationally, including in Labrador where a by-election is currently being held. I understand from media reports that the CPC is using this footage without the copyright holders’ permission and presumably without paying the copyright holders to license the material. I understand that the licensing of copyrighted materials ordinarily comes at a cost.

I am raising my concerns with you because the CPC’s unauthorized use of this material, while inconsistent with our country’s copyright laws, may also be non-compliant with the Canada Elections Act (the “Act”). In my view, the unpaid use of copyrighted material is a “non-monetary contribution” to the CPC, as defined in s.2(1) of the Act.

We've seen lots of people try to use copyright for the sole purpose of shutting down criticism before, but this situation is unique because of just how weird Dion's argument is. He's not actually asking for the Conservative party to be penalized for infringing on copyrights, or for the commercials to be blocked because they are infringing — how could he? He's not the copyright holder. Instead, he's claiming that making unauthorized and also unpaid use of the footage constitutes accepting non-monetary campaign contributions from CTV and the Huffington Post, and is asking for an investigation based on election rules.

Firstly, this just makes the Liberal party look insecure. It's hard to believe there is any real concern about this as a campaign funding issue — it's an attempt to shut up critics, plain and simple. More importantly, commentary and criticism are protected under Canada's fair dealing laws just like they are under America's fair use laws, which rips the foundation right out from under this argument. The Conservatives have every right to use the footage in this way without a license, but Dion's request hinges on the idea that they didn't pay for a license when they should have. Even if that were true, the idea that using something without permission counts as a "contribution" from the rightsholder is bizarre on the surface and likely to baffle most people — even if the definitions in the Elections Act make it at least conceivable that such an argument could prevail. In a battle for the people's approval and support, devious policy tactics don't look any better than aggressive attack ads.

Moreover, what exactly does Dion want here anyway? For Elections Canada to start investigating a civil copyright issue that hasn't even been raised by the people with standing to do so? How would that even work? Without an accusation of copyright infringement from CTV or the Huffington Post, there's no basis on which to investigate this. So far, the only word from the two news organizations has been to confirm that they didn't give permission, and that they have "made our concerns known" — they haven't even actually said they think the use was infringing, let alone brought a lawsuit. And if the Conservatives were sued over copyright, and a court found them guilty of infringement and ordered them to pay, would this still be an illegal campaign contribution? Dion's whole argument is petty at best, and utterly paradoxical at worst.

Filed Under: attack ad, canada, justin trudeau, stephane dion