New surveillance powers are typically framed using benevolent and/or patriotic languages. In the United States, we see the PATRIOT Act, the Stored Communications Act, and National Security Letters. Powers associated with this surveillance assemblage have been abused and people have been spied upon in violation of the law, bureaucratic procedure, and regardless of demonstrating real and present dangers. The UK has the Regulation of Investigatory Powers Act (RIPA), which significantly expanded the capabilities of police and intelligence to monitor citizens in previously illegal ways. This legislation is also used improperly, as revealed in the yearly reports from the Interception Commissioner. In Canada, the Canadian government has publicly stated its intention to press ahead and introduce its lawful access legislation despite concerns raised by the public, members of the advocacy and academic community, and the information and privacy commissioners of Canada. Here, we can also expect uses of lawful access powers to overstep stated intents and infringe on Canadians’ rights, intrude upon their privacy, and injure their dignity.
Over the past months I’ve been actively involved in working with, and talking to, other parties about lawful access legislation. This has included speaking with members of the media, publishing an op-ed, and conducting various private discussions with stakeholders around Canada who are concerned about what this legislation may (and may not) mean. Today, in the interests of making public some of the topics of these discussions, I want to address a few things. First, I quickly summarize key elements of the lawful access legislation. Next, I note some of the potentials for how lawful access powers will likely be used. None of the potentials that I identify depend on ‘next generation’ technologies or data management/mining procedures: only technologies that exist and are in operation today are used as mini-cases. None of the cases that I outline offer significant insight into the operational working of stakeholders I’ve spoken with that can’t be reproduced from public research and records. I conclude by questioning the actual need for the expanded powers.