Technology, Thoughts & Trinkets

Touring the digital through type

Tag: privacycommissioner

Lawful Access, Its Potentials, and Its Lack of Necessity

Image by mattwi1s0n

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.

Continue reading

Mobile Security and the Economics of Ignorance

Day 24/ Mon 17 Aug 09  Mobile penetration is extremely high in Canada. 78% of Canadian households had a mobile phone in 2010, in young households 50% exclusively have mobiles, and 33% of Canadians generally lack landlines. Given that mobile phones hold considerably more information than ‘dumb’ landlines and are widely dispersed it is important to consider their place in our civil communications landscape. More specifically, I think we must consider the privacy and security implications associated with contemporary mobile communications devices.

In this post I begin by outlining a series of smartphone-related privacy concerns, focusing specifically on location, association, and device storage issues. I then pivot to a recent – and widely reported – survey commissioned by Canada’s federal privacy commissioner’s office. I assert that the reporting inappropriately offloads security and privacy decisions to consumers who are poorly situated to – and technically unable to – protect their privacy or secure their mobile devices. I support this by pointing to intentional exploitations of users’ ignorance about how mobile applications interact with their device environments and residing data. While the federal survey may be a useful rhetorical tool I argue that it has limited practical use.

I conclude by asserting that privacy commissioners, and government regulators more generally, must focus their attention upon the Application Programming Interfaces (APIs) of smartphones. Only by focusing on APIs will we redress the economics of ignorance that are presently relied upon to exploit Canadians and cheat them out of their personal information.

Continue reading