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

Greater Victoria’s living wage now costs $20.50 an hour

Cost of living increase drives region’s living wage up 49 cents, leaving you able to afford only one latte per year

Saanich man arrested in cross-border drug smuggling operation

William Milton Barnes of Greater Victoria faces multiple charges following six-month investigation

Victoria Shamrocks acquire NLL and MSL all-star

Rob Hellyer brings offensive power to the Shamrocks

Two Oak Bay officers recognized at 10th anniversary of anti-impaired driving program

Alexa’s Team has grown from 26 members in 2008 to the current 2,400

West Shore resident receives B.C. Community Achievement Award

Kevin Albers fell into building affordable housing and hasn’t looked back

Parents call for change to health laws after Oak Bay teen’s death

Accidental overdose has Elliot Eurchuk’s parents seeking change to B.C Infants Act

Former Social Credit MLA dies at 88

Lyall Hanson was mayor of Vernon in 1981 and moved to provincial politics from 1986-96

Police searching for escaped prisoner in B.C.

Ralph Whitfield Morris, 83, is serving a life sentence for second-degree murder

B.C. set to introduce pot laws, but years of fine tuning likely: minister

Legislation regulating recreational marijuana is expected to be introduced Thursday

Arrests made after truck crashes into unmarked police cars in Nanaimo

Two men facing numerous charges after allegedly fleeing scene on the mid-island

Canadian driver uses lawn chair as driver’s seat, gets caught

Ontario police detachment caught the male driver during a traffic stop

B.C. moves to restrict pill presses in opioid battle

Minister Mike Farnworth says federal law doesn’t go far enough

VIDEO: Vets, volunteers set up vaccination station for sick bunnies

Volunteers, vets try to stop spread of lethal virus

If you see a dog in a hot car, don’t break in: SPCA

People are being discouraged from smashing windows to free animals. The SPCA has tips on what else you can do.

Most Read