Website Resource Updates

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Over the past several months I’ve updated a number of the resources on this website and it’s time to make it a little more apparent to other scholars, experts, and members of the public.

ATIP Repository

As part of my day job at the Citizen Lab I’ve regularly relied on access to information legislation to better understand how the federal government is taking up, and addressing, national security-related issues. It can be difficult for other parties, however, to get access to the same documents given the federal government’s policy of not proactively releasing ATIPs after a year or two.

The result is that scholars and journalists regularly sift through documents that have been released to them for what interests them but they may miss other interesting, or even essential, information that is outside of their interests or expertise. To try and at least somewhat ameliorate that issue I’ve spent the past several months uploading a large number of ATIP releases that I have collected over the past decades. Some were filed by me but the majority were either provided by other scholars or journalists, or retroactively obtained as a re-released package.

The bulk of the ATIPs are associated with CSIS, CSE, and Public Safety Canada. Other agencies and departments include: Department of Justice; Department of National Defence; Employment and Social Development Canada; Global Affairs Canada; Immigration, Refugees and Citizen Canada; Innovation, Science and Economic Development Canada; Office of the Communications Security Establishment Commissioner; Office of the Privacy Commissioner of Canada; Privy Counsel Office; Royal Canadian Mounted Police; Shared Services Canada; Transport Canada; and Treasury Board of Canada.

In many cases I have provided some brief description of things I found notable in the ATIP packages though I have not done so in all cases.

Order Paper Responses

Under the Canadian parliamentary systems, members of parliament can issue order paper questions to the government. Such questions must be specific and pertain to public affairs. They are typically addressed to government Ministers. The purpose of such questions is to obtain precise or detailed answers and, as such, overly broad questions may be split or broken down to elicit such a response from government agencies. The government is expect to reply within 45 days though this norm is not enforceable by parliament. In the event of parliament being prorogued the Order Paper is cleared and any requests or questions are cancelled.

I have collected a set of Order Paper questions that address issues such as Facial Recognition Technology, mobile device surveillance, data collection by CSIS, disclosures of subscriber information, monitoring of protests, and government interception techniques. None of these Order Paper documents are accompanied by commentary.

Canadian Electronic Surveillance Reports

Over the past several years I have undertaken research exploring how, how often, and for what reasons governments in Canada have accessed telecommunications data. As one facet of this line of research I worked with Dr. Adam Molnar and Benjamin Ballard to understand the regularity at which policing agencies across Canada have sought, and obtained, warrants to lawfully engage in real-time electronic surveillance. Such data is particularly important given the regularity at which law enforcement agencies call for new powers; how effective are historical methods of capturing communications data? How useful are the statistics which are tabled by governments?

I have collated the reports which have been published by the provincial and federal governments and, also, noted where provincial governments have failed to provide these reports despite being required to published them under the Criminal Code of Canada. I have not provided any analysis of these reports on this website, aside from a paper I wrote with Dr. Adam Molnar about lawful interception entitled, “Government Surveillance Accountability: The Failures of Contemporary Canadian Interception Reports.”

Miscellaneous

Finally, I’ve published documents that the RCMP provided to the ETHI Committee concerning its use of On Device Investigative Tools (ODITs), or the malware used by RCMP to gain access to personal devices. These documents were removed from the Committee’s website and so I’ve made them available here, as the were once publicly available materials and remain important for advancing public policy about how and when the RCMP can use these kinds of techniques.

Beyond ATIP: New Methods for Researching State Surveillance Practices

9781894037679I’ve had a book chapter, titled “Beyond ATIP: New Methods for Researching State Surveillance,” published in Access To Information And Social Justice: Critical Research Strategies for Journalists, Scholars, and Activists. The book was edited by Jamie Brownlee and Kevin Walby and is available for purchase at a variety of brick and mortar, as well as online, book vendors. The book combines political and practical aspects of Access to Information and Privacy (ATIP) research in a single volume. In addition to exposing how ATIP-related documents have led to major, nation-affecting, news stories the book helps Canadian citizens use and navigate the federal access to information processes.

My contribution argued the ATIP process must be supplemented when  investigating particularly secretive government practices. I drew from work that I conducted at the Citizen Lab as part of the Telecommunications Transparency Project, specifically focusing on activities undertaken between January-August 2014.

Full Abstract

This chapter focuses on the challenges of studying the difficult and often obscure issues of Canadian state and corporate surveillance. Researchers routinely turn to Access to Information and Privacy (ATIP) requests to cut through this obscurity, but the laws are often too weak, too poorly enforced, or too full of deliberate loopholes and blind spots to provide comprehensive awareness about surveillance. Thus, additional methodological techniques are needed to pierce the veil of government secrecy. But what kinds of techniques can be successful, what are their limitations, and how effective are they? How can researchers better understand the kinds of surveillance programs that the federal government is conducting now, and has conducted in the past? I begin by discussing the merits and drawbacks of federal ATIP legislation, a legal tool that is routinely used to learn about the scope and dimensions of state surveillance. In light of the ATIP regime’s relative limits in revealing the contours of federal surveillance, I discuss how researchers can use a variety of political, regulatory, and legal techniques to increase government accountability and corporate transparency. Importantly, the methodological proposals I assess have the effect of adding as opposed to replacing data received under ATIP. By adopting an expanded set of methodological techniques, researchers can better fill out and make sense of the often limited revelations that emerge from the ATIP process.

Purchase the book from Amazon.ca // Pre-order from Amazon.com

Image credit: Book cover from Jamie Brownlee and Kevin Walby (Eds.). http://arpbooks.org/books/detail/access-to-information-and-social-justice

The Oddities of CBC’s Snowden Redactions

cbcThe CBC has recently partnered with Glenn Greenwald to publish some of Edward Snowden’s documents. Taken from the National Security Agency (NSA), the documents the CBC is exclusively reporting on are meant to have a ‘Canadian focus.’ Many of the revelations that have emerged from Mr. Snowden’s documents have provided insights into how the NSA conducts its activities both domestically and abroad, and have also shown how the Agency’s ‘Five Eyes’ partners conduct their affairs.

Journalists have redacted documents or provided partial copies since first reporting on the Snowden documents in summer 2013. To date, no common method or system of redacting documents has been agreed upon between the journalists and news agencies covering these documents.

In this post I want to spend some time talking about the redactions that the CBC has made to the sole Snowden document it has (thus far) released to the public. I begin by explaining how I got my – almost entirely unredacted – version of the document and why I am comparing my copy to the ‘publicly released’ version. Next, I discuss the various redactions made by the CBC and comment on the appropriateness of each redaction. Where I think that information ought to have been released, or the redacted information is outside of the ‘personal information’ reason the CBC gave for redacting information, I provide or describe the information to the public. Finally, I write about the need for a more robust way of redacting documents: as I will make clear, the CBC’s approach seems (at best) scattershot and (at worst) inappropriate. The CBC is the journalist source that will  be controlling the Canadian Snowden documents and, as a result, has a public obligation to dramatically improve its explanations for why it is redacting sections of the leaked documents. Continue reading