Touring the digital through type

Month: February 2022

Public and Privacy Policy Implications of PHAC’s Use of Mobility Information

Last week I appeared before the House of Commons’ Standing Committee on Access to Information, Privacy, and Ethics to testify about the public and private policy implications of PHAC’s use of mobility information since March 2020. I provided oral comments to the committee which were, substantially, a truncated version of the brief I submitted. If interested, my oral comments are available to download. What follows in this post is the content of the brief which was submitted.

Introduction

  1. I am a senior research associate at the Citizen Lab, Munk School of Global Affairs & Public Policy at the University of Toronto. My research explores the intersection of law, policy, and technology, and focuses on issues of national security, data security, and data privacy. While I submit these comments in a professional capacity they do not necessarily represent the full views of the Citizen Lab.
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Review: The Bridge in the Parks-The Five Eyes and Cold War Counter-Intelligence

There are innumerable books, movies, podcasts, and TV shows that discuss and dramatize the roles of intelligence services during the Cold War. Comparatively few of those media, however, discuss Canada’s role during the same period. Molinaro’s edited volume, The Bridge in the Parks: The Five Eyes and Cold War Counter-Intelligence, goes a way to correcting this deficiency by including five chapters on Canada,1 as well as post-script, in a nine chapter book about Cold War counter-intelligence practices.

The Bridge in the Parks is written by historians who have used archival research and access to information laws to unearth information about a variety of Five Eye security services. The aim of the text as a whole is to “add nuance to what has often been a polarizing historical field in which scholars are forced to choose between focusing on abuses and the overreach of intelligence agencies in the Cold War or discussing successfully prosecuted individuals cases of counter-intelligence. This volume thus seeks to add complexity to this history, more in line with the “grey” world in which counter-intelligence has often existed” (8). On the whole, the book is successful in achieving this aim.

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Lawful Access Returns: Online Harms and Warrantless Access to Subscriber and Transmission Data

zombies behind shabby door
Photo by cottonbro on Pexels.com

For the better part of twenty years, law enforcement agencies in Canada have sought warrantless access to subscriber data that is held by telecommunications service providers and other organizations. The rationale has been that some baseline digital identifiers are needed to open investigations into alleged harms or criminal activities that have a digital nexus. Only once these identifiers are in hand can an investigation bloom. However, due to the time that it takes to obtain a relevant court order, as well as challenges in satisfying a judge or justice that there is a legitimate need to obtain these identifiers in the first place, these same agencies recurrently assert that an initial set of seed digital identifiers should be disclosed to officers absent a court order.

The Government of Canada has, once more, raised the prospect of law enforcement officers obtaining subscriber or transmission data without warrant when undertaking activities intended to “enhance efforts to curb child pornography.” This time, the argument that such information should be made available is in the context of combatting online harms. The government has heard that companies should include basic subscriber or transmission data in their child pornography-related reports to law enforcement, with the effect of law enforcement agencies getting around the need to obtain a warrant prior to receiving this information.

In this post I start by discussing the context in which this proposal to obtain information without warrant has been raised, as well as why subscriber and transmission data can be deeply revelatory. With that out of the way, I outline a series of challenges that government agencies regularly experience but which tend not to be publicly acknowledged in the warrantless access debates associated with child sexual abuse material (CSAM). It is only with this broader context and awareness of the challenges facing government agencies in mind that it becomes apparent that warrantless access to subscriber or transmission data cannot ‘solve’ the issues faced by agencies which are responsible for investigating CSAM offences. To develop appropriate policy solutions, then, we must begin by acknowledging all of the current obstacles to investigating these offences. Only then can we hope to develop proportionate policy solutions.

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