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.

Just Posted

15 new Indigenous teacher training seats added at Cowichan VIU campus

Thorne said the new Indigenous teacher education curriculum that is planned at VIU

Cranberry fields not forever in British Columbia

Canadians consumed 2.6 kilograms fresh cranberries in 2016, but industry faces challenges

Port Alberni votes to change way council pay is increased

New way will focus on Consumer Price Index, future councils

Transplant caregiver starts website for financial, mental health support

Beth Campbell-Duke started Transplant Rouges after her husband’s double lung transplant

Andrea Rondeau column: Take a deep breath, and reflect on what’s really important

The one in my head goes like this: ‘Slow down, you move too fast’.

Windstorm topples tree onto townhouse in Nanaimo

Heavy winds have thousands of B.C. Hydro customers without power

Man dies after falling from B.C. bridge

Intoxicated man climbed railing, lost his balance and fell into the water below

B.C. animation team the ‘heart’ of new ‘Spider-Man: Into the Spider-Verse’

The animators, largely based in Vancouver, ultimately came up with a creative technique that is drawing praise

Light at the end of the tunnel for UN climate talks

Meeting in Katowice was meant to finalize how countries report their emissions of greenhouses gases

Janet Jackson, Def Leppard, Nicks join Rock Hall of Fame

Radiohead, the Cure, Roxy Music and the Zombies will also be ushered in at the 34th induction ceremony

Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

‘Ghost bikes’ installed to remember teen cyclists who died in Port Alberni

Cycle Alberni installs memorials to remember teens, remind all about road safety

Victoria in Canada’s top three cities for highest household debt

Rising interest rates could cause required payments to exceed budgets of highly indebted households

‘I practically begged’: Kootenay woman with breast cancer denied referral to Calgary

Breast cancer patient left to fight disease alone after being denied referral to Calgary

Most Read