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Tag: CSE (Page 1 of 5)

Unpacking NSICOP’s Special Report on the Government of Canada’s Framework and Activities to Defend its Systems and Networks from Cyber Attack

grayscale photo of man and woman hacking a computer system
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On February 14, 2022, the National Security and Intelligence Committee of Parliamentarians (NSICOP) released a report that explored how the Government of Canada sought to defend its systems and networks from cyber attack from 2001 onwards.1 The report provides a comprehensive account of how elements of the Government of Canada–namely the Treasury Board Secretariat (TBS), Shared Services Canada (SSC) and Communications Security Establishment (CSE)–have developed policies, procedures, and techniques to protect government systems, as well as the iterative learning processes that have occurred over the past two decades or so pertaining to governmental cyber defence activities.

I want to highlight four core things that emerge from my reading of the report:

  1. From an empirical point of view, it’s useful to know that the Government of Canada is preparing both a policy on paying ransomware operators as well as developing a Vulnerabilities Disclosure Policy (VDP) though the report does not indicate when either will be open to public comment or transformed into formal government policy;
  2. A high-level discussion of senior coordination committees is provided, though without an accompanying analysis of how effective these committees are in practice. In particular, the report does not discuss how, as an example, cross-departmental committees are working to overcome problems that are raised in the sections of the report focused on TBS, SSC, or the CSE;
  3. NSICOP maintains that all parties associated with the government–from Crown corporations, to government agencies, to other independent branches of government–should operate under the government’s security umbrella. NSICOP does not, however, make a constitutional argument for why this should be done nor assess the operational reasons for why agencies may not currently operate under this umbrella. Instead, the report narrowly argues there are minimal privacy impacts associated with enjoying the government’s cyber security protections. In doing so, the committee presumes that privacy concerns have driven separate branches of governments to operate outside policies set by TBS, and services offered by SSC and the CSE. At no point did the Committee engage with the Office of the Privacy Commissioner of Canada (OPC) to assess potential privacy issues associated with the government’s cyber security policies and practices; and
  4. NSICOP did not canvas a wide set of government agencies in their interviews and included no external-to-government parties. The consequence is that the report does not provide needed context for why some government agencies refuse to adopt TBS policy guidance or regulations, decline services operated by SSC, or have limited uptake or adoption of advice or technical systems offered by the CSE. The consequence is that this report does nothing to substantively assess challenges in how TBS, SSC, or the CSE themselves are deploying their defensive capacities across government based on the experiences of those on the receiving end of the proffered cyber security and defence offerings.

In this post, I conduct a deep dive into NSICOP’s report, entitled “National Security and Intelligence Committee of Parliamentarians Special Report on the Government of Canada’s Framework and Activities to Defend its Systems and Networks from Cyber Attack.” Throughout, I summarize a given section of the report before offering some analysis of it. In the conclusion of this post I summarize some of the broader concerns associated with the report, itself, as well as the broader implications these concerns may have for NSICOP’s long-term viability as an independent reviewer of the national security community.

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Unpacking NSIRA’s 2020 Annual Report

black and white typewriter on table
Photo by Markus Winkler on Pexels.com

On December 13, 2021, the National Security Intelligence Review Agency (NSIRA) released its 2020 Annual Report. NSIRA is responsible for conducting national security reviews of Canadian federal agencies, and their annual report summarizes activities that have been undertaken in 2020 and also indicates NSIRA’s plans for future work.

I want to highlight three points that emerge from my reading of report:

  1. NSIRA has generally been able to obtain the information it required to carry out its reviews. The exception to this, however, is that NSIRA has experienced challenges obtaining information from the Communications Security Establishment (CSE). It is not entirely clear why this has been the case.
  2. While most of NSIRA’s reviews have been completed in spite of the pandemic, this is not the case with CSE reviews where several remain outstanding.
  3. NSIRA has spent time in the annual report laying out tripwires that, if activated, will alert Canadians and their elected officials to problems that the review agency may be experiencing in fulfilling its mandate. It is imperative that observers pay close attention to these tripwires in future reviews. However, while these tripwires are likely meant to demonstrate the robustness of NSIRA reviews they run the risk of undermining review conclusions if not carefully managed.

In this post, I proceed in the order of the annual review and highlight key items that stood out. The headings used in this post, save for analysis headings, are correlated with the headings of the same name in the annual report itself.

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NSIRA Calls CSE’s Lawfulness Into Question

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Photo by cottonbro on Pexels.com

On June 18, 2021, the National Security Intelligence Review Agency (NSIRA) released a review of how the Communications Security Establishment (CSE) disclosed Canadian Identifying Information (CII) to domestic Canadian agencies. I draw three central conclusions to the review.

  1. CSE potentially violated the Privacy Act, which governs how federal government institutions handle personal information.
  2. The CSE’s assistance to the Canadian Security Intelligence Service (CSIS) was concealed from the Federal Court. The Court was responsible for authorizing warrants for CSIS operations that the CSE was assisting with.
  3. CSE officials may have misled Parliament in explaining how the assistance element of its mandate was operationalized in the course of debates meant to extend CSE’s capabilities and mandate.

In this post I describe the elements of the review, a few key parts of CSE’s response it, and conclude with a series of issues that the review and response raise.

Background

Under the National Defence Act, CSE would incidentally collect CII in the course of conducting foreign signals intelligence, cybersecurity and information assurance, and assistance operations. From all of those operations, it would produce reports that were sent to clients within the Government of Canada. By default, Canadians’ information is expected to be suppressed but agencies can subsequently request CSE to re-identify suppressed information.

NSIRA examined disclosures of CII which took place between July 1, 2015 – July 31, 2019 from CSE to all recipient government departments; this meant that all the disclosures took place when the CSE was guided by the National Defense Act and the Privacy Act.1 In conducting their review NSIRA looked at, “electronic records, correspondence, intelligence reports, legal opinions, policies, procedures, documents pertaining to judicial proceedings, Ministerial Authorizations, and Ministerial Directives of relevance to CSE’s CII disclosure regime” (p. 2). Over the course of its review, NSIRA engaged a range of government agencies that requested disclosures of CII, such as the Royal Canadian Mounted Police (RCMP) and Innovation Science and Economic Development Canada (ISED). NSIRA also assessed the disclosures of CII to CSIS and relevant CSIS’ affidavits to the Federal Court.

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SIGINT Summaries Update: Covernames for CSE, GCHQ, and GCSB

Today I have published a series of pages that contain covernames associated with the Communications Security Establishment (CSE), Government Communications Headquarters (GCHQ), and Government Communications Security Bureau (GCSB). Each of the pages lists covernames which are publicly available as well as explanations for what the given covernames refers to, when such information is available. The majority of the covernames listed are from documents which were provided to journalists by Edward Snowden, and which have been published in the public domain. A similar listing concerning the NSA’s covernames is forthcoming.

You may also want to visit Electrospaces.net, which has also developed lists of covernames for some of the above mentioned agencies, as well as the National Security Agency (NSA).

All of the descriptions of what covernames mean or refer to are done on a best-effort basis; if you believe there is additional publicly referenced material derived from CSE, GCHQ, or GCSB documents which could supplement descriptions please let me know. Entries will be updated periodically as additional materials come available.

 

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