Touring the digital through type

Tag: Lawful Access (Page 2 of 5)

Canada’s Quiet History Of Weakening Communications Encryption

500995147_6c97aab488_o-300x225American and British officials have been warning with an increasing sense of purported urgency that their inability to decrypt communications could have serious consequences. American authorities have claimed that if they cannot demand decrypted communications from telecommunications providers then serious crimes may go unsolved. In the UK this danger is often accentuated by the threat of terrorism. In both nations, security and policing services warn that increased use of encryption is causing communications to ‘go dark’ and thus be inaccessible to policing and security services. These dire warnings of the threats potentially posed by criminals and terrorists ‘going dark’ have been matched over the years with proposals that would regulate encryption or mandate backdoors into any otherwise secure system. Comparatively little has been said about Canada’s long-standing efforts to inhibit end-user encryption despite the federal government’s longstanding efforts to restrict the security provided to Canadians by encryption.

This article outlines some of the federal government of Canada’s successful and unsuccessful attempts to weaken cryptographic standards. It starts by explaining (in brief) what communications encryption is, why it matters, and the implications of enabling unauthorized parties to decrypt communications. With this primer out of the way, we discuss why all of Canada’s mobile telecommunications carriers agree to implement cryptographic weaknesses in their service offerings. Next, we discuss the legislation that can be used to compel telecommunications service providers to disclose decryption keys to government authorities. We then briefly note how Canada’s premier cryptologic agency, the Communications Security Establishment (CSE), successfully compromised global encryption standards. We conclude the post by arguing that though Canadian officials have not been as publicly vocal about a perceived need to undermine cryptographic standards the government of Canada nevertheless has a history of successfully weakening encryption available to and used by Canadians.

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Canadian Cyberbullying Legislation Threatens to Further Legitimize Malware Sales

Focus, Build, HackLawful access legislation was recently (re)tabled by the Government of Canada in November 2013. This class of legislation enhances investigative and intelligence-gathering powers, typically by extending search and seizure provisions, communications interception capabilities, and subscriber data disclosure powers. The current proposed iteration of the Canadian legislation would offer tools to combat inappropriate disclosure of intimate images as well as extend more general lawful access provisions. One of the little-discussed elements of the legislation is that it will empower government authorities to covertly install, activate, monitor, and remove software designed to track Canadians’ location and ‘transmission data.’

In this post I begin by briefly discussing this class of government-used malicious surveillance software, which I refer to as ‘govware’. Next, I outline how Bill C–13 would authorize the use of govware. I conclude by raising questions about whether this legislation will lead government agencies to compete with one another, with some agencies finding and using security vulnerabilities, and others finding and fixing the vulnerabilities such tools rely. I also argue that a fulsome debate must be had about govware based on how it can broadly threaten Canadians’ digital security. Continue reading

Accountability and Government Surveillance

Charmaine Borg, MPThe issue of lawful access has repeatedly arisen on the Canadian federal agenda. Every time that the legislation has been introduced Canadians have opposed the notion of authorities gaining warrantless access to subscriber data, to the point where the most recent version of the lawful access legislation dropped this provision. It would seem, however, that the real motivation for dropping the provision may follow from the facts on the ground: Canadian authorities already routinely and massively collect subscriber data without significant pushback by Canada’s service providers. And whereas the prior iteration of the lawful access legislation (i.e. C–30) would have required authorities to report on their access to this data the current iteration of the legislation (i.e. C–13) lacks this accountability safeguard.

In March 2014, MP Charmaine Borg received responses from federal agencies (.pdf) concerning the agencies’ requests for subscriber-related information from telecommunications service providers (TSPs). Those responses demonstrate extensive and unaccountable federal government surveillance of Canadians. I begin this post by discussing the political significance of MP Borg’s questions and then proceed to granularly identify major findings from the federal agencies’ respective responses. After providing these empirical details and discussing their significance, I conclude by arguing that the ‘subscriber information loophole’ urgently needs to be closed and that federal agencies must be made accountable to their masters, the Canadian public.

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Lawful Access is Dead; Long Live Lawful Intercept!

Honest PhoneLawful access was a contentious issue on the Canadian agenda when it was initially introduced by the Martin government, and has become even more disputed as subsequent governments have introduced their own iterations of the Liberal legislation. Last year the current majority government introduced Bill C-30, the Protecting Children from Internet Predators Act. In the face of public outcry the government sent the bill to committee prior to a vote on second reading, and most recently declared the bill dead.

Last year I began research concerning alternate means of instituting lawful access powers in Canada. Specifically, I explored whether a ‘backdoor’ had been found to advance various lawful access powers: was Industry Canada, through the 700MHz spectrum consultation, and Public Safety, through its changes to how communications are intercepted, effectively establishing the necessary conditions for lawful access by compliance fiat?

In this post I try to work through aspects of this question. I begin by briefly unpacking some key elements of Bill C-30 and then proceed to give an overview of the spectrum consultation. This overview will touch on proposed changes to lawful intercept standards. I then suggest how changes to the intercept standards could affect Canadians, as well as (re)iterate the importance of publicly discussing expansions to lawful access and intercept powers instead of expanding these powers through regulatory and compliance backdoors.

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