The BC Services Card and Confused Public Outreach

Photo by Jonny Wikins

Last week members of the BC government engaged in a media blitz to promote the proposed BC Services Card. As part of the blitz, BC’s Health Minister gave an interview to CBC’s All Points West to explain some of the proposed Services Card’s features. As a key Minister involved in the Services Card she understandably has been an outspoken advocate for the new initiative. Previously, BC’s Health Ministers have stridently argued that the Services Card would defray fraud, though this rhetoric has since been toned down: now the cards will remedy unknown levels of fraud, save unknown amounts of money, and facilitate undetermined kinds of data migration across government.

In what follows, I analyze the Minister’s interview with CBC to identify the confused and problematic nature of the Services Card, as it is being presented to the public. I start by noting an area where I think most residents likely support the government – some basic updates to the present CareCards – and then proceed to deficiencies in how the Minister is introducing the new Cards. I conclude by focusing on the frankly bizarre methods that the provincial government is using to ‘sell’ the card to the public and ask whether these cards could be a significant election issue later this year.

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Checking the Numbers Behind BC CareCard Fraud

Image by ivers

On January 7, 2013, the British Columbia government (re)announced that the province’s new identity card, the BC Services Card, would be arriving on February 15, 2013. To date, the Office of the Information and Privacy Commissioner of British Columbia has not released her analysis of the Services Card. To date, the provincial government has been particularly recalcitrant in releasing any information about the cards short of press releases. Though members of civil society are concerned about the card it remains unclear whether they can mobilize to effectively delay or stop the card: indeed, this lack of capacity is something that is explicitly recognized in government documents that were released by ICBC.

This will be the first of a few posts on the proposed Services Card. In aggregate, the posts will examine pragmatic (e.g. fraud, security, biometric privacy) and principled (access to information problems, lack of democratic discussion surrounding the cards, secret usage of citizens’ data, function creep) criticisms of the Services Card. This particular post examines the government’s misleading claims surrounding CareCard fraud. Specifically, I interrogate the government’s assertion that there are many more CareCards in circulation than there are residents and statements that fraud presently costs the province $260 million/year or more. I conclude by stating that the government ought to clearly tell citizens what is driving the cards, given that the primary driver is almost certainly not medical fraud.

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Brief: Social Networking and Canadian Privacy Law

Image by Jessica

Last year I was invited to submit a brief to the Canadian Parliament’s Access to Information, Privacy and Ethics Committee. For my submission (.pdf), I tried to capture some of of the preliminary research findings that have been derived from social media and surveillance project I’m co-investigating with Colin Bennett. Specifically, the brief focuses on questions of jurisdiction, data retention, and data disclosure in the context of social media use in Canada. The ultimate aim of the submission was to give the committee members insight into the problems that Canadians experience when accessing the records held by social networking companies.

The project, and our research for it, has been funded through the Office of the Privacy Commissioner’s Contributions Program. Anything contained in the brief is not necessarily representative of the Office’s own positions or stances.

Abstract/Introduction:

In this submission, I highlight some of our analyses of 20 social networking sites’ privacy  policies and findings about Canadians’ ability to access their own personal information that social networking sites store. These findings let us understand how the companies running these services understand their legal jurisdictional obligations and the retention of personally identifiable information. Moreover, these discoveries let us ascertain the actual access that Canadians have to profiles that they and the identities that networking services Canadians associate with are developing. Together, these points reveal how social networking companies understand Canadians’ personal information, the conditions of data sharing, and the level of ease with which Canadians can access the information that they themselves contribute to these services. I conclude this submission by suggesting a few ways that could encourage these companies to more significantly comply with Canadian privacy laws.

Download (.pdf) “Social Networking and Canadian Privacy Law: Jurisdiction, Retention, and Disclosure

Understanding the Lawful Access Decryption Requirement

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For several months I and a handful of others in the Canadian privacy and security community have been mulling over what Bill C-30, better known as Canada’s ‘lawful access’ legislation, might mean for the future of encryption policy in Canada. Today, I’m happy to announce that one of the fruits of these conversation, a paper that I’ve been working on with Kevin McArthur, is now public. The paper, titled “Understanding the Lawful Access Decryption Requirement,” spends a considerable amount of time considering the potential implications of the legislation. Our analysis considers how C-30 might force companies to adopt key escrows, or decryption key repositories. After identifying some of the problems associated with these repositories, we suggest how to amend the legislation to ensure that corporations will not have to establish key escrows. We conclude by outlining the dangers of leaving the legislative language as it stands today. The full abstract, and download link, follows.

Abstract

Canada’s lawful access legislation, Bill C-30, includes a section that imposes decryption requirements on telecommunications service providers. In this paper we analyze these requirements to conclude that they may force service providers to establish key escrow, or decryption key retention, programs. We demonstrate the significance of these requirements by analyzing the implications that such programs could have for online service providers, companies that provide client software to access cloud services, and the subscribers of such online services. The paper concludes by suggesting an amendment to the bill, to ensure that corporations will not have to establish escrows, and by speaking to the dangers of not implementing such an amendment.

Download paper at the Social Sciences Research Network

(Draft) ANPR: Code and Rhetorics of Compliance

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For roughly the past two years I’ve been working with colleagues to learn how Automatic Number Plate Recognition (ANPR) systems are used in British Columbia, Canada’s westernmost province. As a result of this research one colleague, Rob Wipond, has published two articles on how local authorities and the RCMP are using ANPR technologies. Last February I disclosed some of our findings at the Reboot privacy and security conference, highlighting potential uses of the technology and many of the access to information challenges that we had experienced with respect to our research. Another, Kevin McArthur has written several pieces about ANPR on his website over the years and is largely responsible for Rob and I getting interested, and involved, in researching the technology and the practices associated with it.

The most recent piece of work to come out of our research is a paper that I, Joseph Savirimuthu, Rob, and Kevin have written. Joseph and I will be presenting it in Florence later this month. The paper, titled “ANPR: Code and Rhetorics of Compliance,” examines BC and UK deployments of ANPR systems to explore the rationales and obfuscations linked to the programs. The paper is presently in a late draft so if you have any comments or feedback then please send it my way. The abstract is below, and you can download the paper from the Social Sciences Research Network.

Abstract

Automatic Number Plate Recognition (ANPR) systems are gradually entering service in Canada’s western province of British Columbia and are prolifically deployed in the UK. In this paper, we compare and analyze some of the politics and practices underscoring the technology in these jurisdictions. Drawing from existing and emerging research we identify key actors and how authorities marginalize access to the systems’ operation. Such marginalization is accompanied by rhetorics of privacy and security that are used to justify novel mass surveillance practices. Authorities justify the public’s lack of access to ANPR practices and technical characteristics as a key to securing environments and making citizens ‘safe’. After analyzing incongruences between authorities’ conceptions of privacy and security, we articulate means of resisting intrusive surveillance practices by reshaping agendas surrounding ANPR.

Download paper from the Social Sciences Research Network

UPDATE: The paper is now published in the European Journal of Law and Technology

UVic, Google, and Trust Deficits

Google Streetview Bicycle DublinIn the wake of a stunning data breach the University of Victoria campus community could only hope that the institution would do everything it could to regain lost trust. One such opportunity arose this week, when controversial Google Streetview vehicles have been scheduled to canvas the campus. Unfortunately the opportunity was squandered: it is largely by accident that the campus community has – or will – learn that Google is capturing images and wireless access point information.

In this short post I want to discuss how seriously the University failed to disclose Google’s surveillance of the campus. I begin by providing a quick overview of Streetview’s privacy controversies. I then describe the serious data breach that UVic suffered earlier this year, which has left the institution with a significant trust deficit. A discussion of the institution’s failure to disclose Google’s presence to the community, and attempts to chill speech around Google’s presence, follows. I conclude by suggesting how institutions can learn from UVic’s failures and disclose the presence of controversial, potentially privacy invasive, actors in order to rebuild flagging trust deficits.

Google Streetview and Privacy

Streetview has been a controversial product since its inception. There were serious concerns as it captured images of people in sensitive places or engaged in indiscreet actions. Initially the company had a non-trivial means for individuals to remove images from the Google Streetview database. This process has subsequently been replaced with an option to blur sensitive information. Various jurisdictions have challenged Google’s conceptual and legal argument that taking images of public spaces with a Streetview vehicle are equivalent to a tourist taking pictures in a public space.

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