Touring the digital through type

Category: Internet (Page 3 of 39)

Canada’s National Security Consultation: Digital Anonymity & Subscriber Identification Revisited… Yet Again

Phone by Any & Carrie Coleman

Phone by Any & Carrie Coleman (CC BY-NC-ND 2.0) https://flic.kr/p/4jtzjb

Last month, Public Safety Canada followed through on commitments to review and consult on Canada’s national security framework. The process reviews powers that were passed into law following the passage of Bill C-51, Canada’s recent controversial anti-terrorism overhaul, as well as invite a broader debate about Canada’s security apparatus. While many consultation processes have explored expansions of Canada’s national security framework, the current consultation constitutes the first modern day attempt to explore Canada’s national security excesses and deficiencies. Unfortunately, the framing of the consultation demonstrates minimal direct regard for privacy and civil liberties because it is primarily preoccupied with defending the existing security framework while introducing a range of additional intrusive powers. Such powers include some that have been soundly rejected by the Canadian public as drawing the wrong balance between digital privacy and law enforcement objectives, and heavily criticized by legal experts as well as by all of Canada’s federal and provincial privacy commissioners

The government has framed the discussion in two constituent documents, a National Security Green Paper and an accompanying Background Document. The government’s framings of the issues are highly deficient. Specifically, the consultation documents make little attempt to explain the privacy and civil liberties implications that can result from the contemplated powers. And while the government is open to suggestions on privacy and civil liberties-enhancing measures, few such proposals are explored in the document itself. Moreover, key commitments, such as the need to impose judicial control over Canada’s foreign intelligence agency (CSE) and regulate the agency’s expansive metadata surveillance activities, are neither presented nor discussed (although the government has mentioned independently that it still hopes to introduce such reforms). The consultation documents also fail to provide detailed suggestions for improving government accountability and transparency surrounding state agencies’ use of already-existent surveillance and investigative tools. 

In light of these deficiencies, we will be discussing a number of the consultation document’s problematic elements in a series of posts, beginning with the government’s reincarnation of a highly controversial telecommunication subscriber identification power.

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Why We Need to Reevaluate How We Share Intelligence Data With Allies

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Last week, Canadians learned that their foreign signals intelligence agency, the Communications Security Establishment (CSE), had improperly shared information with their American, Australian, British, and New Zealand counterparts (collectively referred to as the “Five Eyes”). The exposure was unintentional: Techniques that CSE had developed to de-identify metadata with Canadians’ personal information failed to keep Canadians anonymous when juxtaposed with allies’ re-identification capabilities. Canadians recognize the hazards of such exposures given that lax information-sharing protocols with US agencies which previously contributed to the mistaken rendition and subsequent torture of a Canadian citizen in 2002.

Tamir Israel (of CIPPIC) and I wrote and article for Just Security following these revelations. We focused on the organization’s efforts, and failure, to suppress Canadians’ identity information that is collected as part of CSE’s ongoing intelligence activities and the broader implications of erroneous information sharing. Specifically, we focus on how such sharing can have dire life consequences for those who are inappropriately targeted as a result by Western allies and how such sharing has led to the torture of a Canadian citizen. We conclude by arguing that the collection and sharing of such information raises questions regarding the ongoing viability of the agency’s old-fashioned mandates that bifurcate Canadian and non-Canadian persons’ data in light of the integrated nature of contemporary communications systems and data exchanges with foreign partners.

Read the Article

Authors

Tamir Israel

Tamir is staff lawyer with the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa Faculty of Law, where he conducts research and advocacy on various digital rights-related topics, with a focus on online privacy and anonymity, net neutrality, intellectual property, intermediary liability, spam, e-commerce, and consumer protection generally.

Christopher Parsons

Dr. Christopher Parsons received his Bachelor’s and Master’s degrees from the University of Guelph, and his Ph.D from the University of Victoria. He is currently the Managing Director of the Telecom Transparency Project and a Postdoctoral Fellow at the Citizen Lab, in the Munk School of Global Affairs.

Photo credit: Spies by Kieran Lamb (CC BY-SA 2.0) https://flic.kr/p/416nVf

More Surveillance Powers Won’t Prevent Intelligence Failures

Newspapers B&W (5)I co-authored a comment to the editors of the Globe and Mail, “More Surveillance Powers Won’t Prevent Intelligence Failures,” in response to Christian Leuprecht’s article “Pointing fingers won’t prevent intelligence failures“. Leuprecht asserts that further intelligence sharing is critical to prevent and avoid attacks such as those in Paris, that more trust between intelligence agencies to facilitate international intelligence sharing is needed, and that more resources are needed if particular individuals subject to state suspicion are to be monitored. He also asserted that governments need the powers to act against targeted individuals, and that unnamed ‘critics’ are responsible for the weakening of intelligence agencies and, by extension, for the senseless deaths of innocents that result from agencies’ inabilities to share, monitor, and engage suspicious persons.

The co-authored comment rebuts Leuprecht’s assertions. We point that there is more intelligence collected, now, than ever before. We note that some of the attackers were already known to intelligence and security services. And we note that it was intelligence sharing, itself, that led to the targeting and torture of Maher Arar. In effect, the intelligence community is failing in spite of having the capabilities and powers that Leuprecht calls for; what is missing, if anything, is the ability to transform the intelligence collected today into something that is actionable.

The full comment, first published at the Globe and Mail, is reproduced below:

More Surveillance Powers Won’t Prevent Intelligence Failures
Re: “Pointing Fingers Won’t Prevent Intelligence Failures” (Nov 25):

The horrific attacks in Paris have led to a wave of finger-pointing – often powerfully disassociated from the realities of the failures (Pointing Fingers Won’t Prevent Intelligence Failures – Nov 25). The answer from security agencies is inevitably to request more surveillance and more capacity to intrude into citizens’ lives.

These requests are made despite the historically unprecedented access to digital information that security agencies already enjoy and repeated expansions of security powers. Clearly “more security” is not the answer to preventing all future attacks.

The intelligence failure in Paris painted a familiar picture. Many of the attackers were known to French officials, and Turkish intelligence agencies sent repeated warnings of another. Yet in their rush to blame communications technologies such as iPhone encryption and the PlayStation (claims since discredited), security agencies neglect the lack of adequate human intelligence resources and capacities needed to translate this digital knowledge into threat prevention. Also absent is attention to agency accountability – the unaddressed information-sharing problems that caused the mistaken targeting and torture of Maher Arar.

The targets of terror are not only physical, but also ideological. Introducing a laundry list of new powers in response to every incident without regard to the underlying causes will not prevent all attacks, but will leave our democracy in tatters.

Vincent Gogolek, Executive Director, BC Freedom of Information and Privacy Association (BCFIPA)

Tamir Israel, Staff Lawyer, Canadian Internet Policy & Public Interest Clinic (CIPPIC), University of Ottawa

Monia Mazigh, National Coordinator, International Civil Liberties Monitoring Group (ICLMG)

Christopher Parsons, Postdoctoral Fellow, Citizen Lab at Munk School of Global Affairs, University of Toronto

Sukanya Pillay, Executive Director & General Counsel, Canadian Civil Liberties Association (CCLA)

Laura Tribe, Digital Rights Specialist, OpenMedia

Micheal Vonn, Policy Director, British Columbia Civil Liberties Association (BCCLA)

Photo credit: Newspapers B&W (5) by Jon S (CC BY 2.0) https://flic.kr/p/ayGkBN

Regarding Vidéotron’s Practices Related to its Mobile Wireless Unlimited Music Service

RedIn mid-October I co-authored a submission to the Canadian Radio-television and Telecommunications Commission (CRTC) with Tamir Israel, a staff lawyer with the Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa. Our submission was filed in support of complaints issued by the Public Interest Advocacy Centre and Vaxination Informatique against Vidéotron’s (a subsidiary of Québecor Media Inc.) newly introduced Unlimited Music service.

The complaints arose after Vidéotron announced Unlimited Music, a mobile platform that offers access to a curated list of music streaming services over Vidéotron’s mobile data network without imposing data fees on the customers (often termed ‘zero rating’). In our submission, we argue that offerings of this kind raise concerns of undue preference, unjust discrimination and, more broadly, net neutrality, as addressed by the CRTC Commission in Broadcasting and Telecom Decision CRTC 2015-26 and in the Telecom Regulatory Policy CRTC 2009-657 (extended to mobile Internet access in Telecom Decision CRTC 2010-445). By zero rating specific services or categories thereof, Vidéotron is leveraging its role as a gateway to network content in order to provide its chosen services an advantage that no other competing service can match. Doing so disrupts the neutral ecosystem that is necessary for digital innovation to continue to flourish. It also raises serious ancillary privacy questions.

Our submission begins by arguing that Vidéotron’s mobile usage billing practices constitute an economic Internet traffic management practice and that zero rating services such as Unlimited Music are generally problematic. We then discuss the likely role of Deep Packet Inspection (DPI) technologies in facilitating Vidéotron’s zero rating practices. Next, we broadly argue that Vidéotron’s Unlimited Music offering is preferential and discriminatory; in addition to constituting an undue and unreasonable preference for certain service offerings, it unjustly discriminates against complementary offerings from other online vendors that include music in their broader product offering. Moreover, there is the potential for Vidéotron to discriminate against services that are mislabelled as ‘unlawful’. We conclude by discussing some of the other potential implications of Vidéotron’s Unlimited Music service.

Download our submission // See all submissions to the CRTC

Authors

Tamir Israel

Tamir is staff lawyer with the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa Faculty of Law, where he conducts research and advocacy on various digital rights-related topics, with a focus on online privacy and anonymity, net neutrality, intellectual property, intermediary liability, spam, e-commerce, and consumer protection generally.

Christopher Parsons

Dr. Christopher Parsons received his Bachelor’s and Master’s degrees from the University of Guelph, and his Ph.D from the University of Victoria. He is currently the Managing Director of the Telecom Transparency Project and a Postdoctoral Fellow at the Citizen Lab, in the Munk School of Global Affairs.

Photo credit: Red by André Hofmeister (CC BY-SA 2.0) https://flic.kr/p/iKN6oT

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