For several years there havebeenrepeated calls by academics and other experts for the Government of Canada to develop and publish a foreign policy strategy. There have also been recent warnings about the implications of lacking such a strategy. Broadly, a foreign policy strategy is needed for Canada to promote and defend its interests effectively.
Not only has the Government of Canada failed to produce a foreign policy strategy but, also, it has failed to produce even a more limited strategy that expresses how Canada will develop or implement the cyber dimensions of its foreign policy. The government itself has been aware of the need to develop a cyber foreign policy since at least 2010.1
As I have previously written with colleagues, an articulation of such a cybersecurity strategy is necessary because it is “inherently a discussion of political philosophy; not all actors share the same understanding of what is, or should be, the object of security, nor is there necessarily a shared understanding of what constitutes a threat.” To clearly and explicitly assert its underlying political values Canada needs to produce a coherent and holistic cyber foreign policy strategy.
The May 2021 draft links the scope of the Strategy to order and prosperity as opposed to advancing human rights or Canadian values.
The May 2021 draft struck language that Canadians and Canadian organisations “should not be expected to independently defend themselves against state or state-backed actors. There are steps only government can take to reduce cyber threats from state actors”. The effect may be to reduce the explicit expectation or requirement of government organisations to assist in mitigating nation-state operations towards private individuals and organisations.
The May 2021 draft struck language that GAC would create a cyber stakeholder engagement action plan as well as language that GAC would leverage its expertise to assist other government departments and agencies on engagement priorities and to coordinate international outreach.
None of the drafts include explicit reference to pressing international issues, including: availability of strong encryption, proliferation of cyber mercenaries, availability and use of dual-use technologies, online harms and disinformation, authoritarian governments’ attempts to lead and influence standards bodies, establishing a unit in GAC dealing with cyber issues that would be equivalent to the US State Department’s Bureau of Cyberspace and Digital Policy, or cyber operations and international law.
None of the drafts make a positive case for what would entail an appropriate or responsible use of malware for cyber operations.
In this post I summarise the highlights in the drafts of the Strategy and, then, proceed to point to larger language and/or policy shifts across successive drafts of the CICSDI. I conclude by discussing some policy issues that were not mentioned in the drafts I obtained. While the draft has never been promulgated and consequently does not formally represent Canada’s foreign cybersecurity strategy it does present how GAC and the government more broadly conceptualised elements of such a strategy as of early- to mid-2021.
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.
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.
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.
Just before Christmas, Swikar Oli published an article in the National Post that discussed how the Public Health Agency of Canada (PHAC) obtained aggregated and anonymized mobility data for 33 million Canadians. From the story, we learn that the contract was awarded in March to TELUS, and that PHAC used the mobility data to “understand possible links between movement of populations within Canada and spread of COVID-19.”
Around the same time as the article was published, PHAC posted a notice of tender to continue collecting aggregated and anonymized mobility data that is associated with Canadian cellular devices. The contract would remain in place for several years and be used to continue providing mobility-related intelligence to PHAC.
Separate from either of these means of collecting data, PHAC has been also purchasing mobility data “… from companies who specialize in producing anonymized and aggregated mobility data based on location-based services that are embedded into various third-party apps on personal devices.” There has, also, been little discussion of PHAC’s collection and use of data from these kinds of third-parties, which tend to be advertising and data surveillance companies that consumers have no idea are collecting, repackaging, and monetizing their personal information.
There are, at first glance, at least four major issues that arise out of how PHAC has obtained and can use the aggregated and anonymized information to which they have had, and plan to have, access.
The Canadian SIGINT Summaries includes downloadable copies, along with summary, publication, and original source information, of leaked CSE documents.
Parsons, Christopher; and Molnar, Adam. (2021). “Horizontal Accountability and Signals Intelligence: Lesson Drawing from Annual Electronic Surveillance Reports,” David Murakami Wood and David Lyon (Eds.), Big Data Surveillance and Security Intelligence: The Canadian Case.
Parsons, Christopher. (2015). “Stuck on the Agenda: Drawing lessons from the stagnation of ‘lawful access’ legislation in Canada,” Michael Geist (ed.), Law, Privacy and Surveillance in Canada in the Post-Snowden Era (Ottawa University Press).
Parsons, Christopher. (2015). “The Governance of Telecommunications Surveillance: How Opaque and Unaccountable Practices and Policies Threaten Canadians,” Telecom Transparency Project.
Parsons, Christopher. (2015). “Beyond the ATIP: New methods for interrogating state surveillance,” in Jamie Brownlee and Kevin Walby (Eds.), Access to Information and Social Justice (Arbeiter Ring Publishing).
Bennett, Colin; Parsons, Christopher; Molnar, Adam. (2014). “Forgetting and the right to be forgotten” in Serge Gutwirth et al. (Eds.), Reloading Data Protection: Multidisciplinary Insights and Contemporary Challenges.
Bennett, Colin, and Parsons, Christopher. (2013). “Privacy and Surveillance: The Multi-Disciplinary Literature on the Capture, Use, and Disclosure of Personal information in Cyberspace” in W. Dutton (Ed.), Oxford Handbook of Internet Studies.
McPhail, Brenda; Parsons, Christopher; Ferenbok, Joseph; Smith, Karen; and Clement, Andrew. (2013). “Identifying Canadians at the Border: ePassports and the 9/11 legacy,” in Canadian Journal of Law and Society 27(3).
Parsons, Christopher; Savirimuthu, Joseph; Wipond, Rob; McArthur, Kevin. (2012). “ANPR: Code and Rhetorics of Compliance,” in European Journal of Law and Technology 3(3).