Communications Security Establishment Chief Greta Bossenmaier speaks with Public Safety Minister Ralph Goodale as they wait to appear before the Standing Committee on Public Safety and National Security, in Ottawa on Thursday, November 30, 2017. THE CANADIAN PRESS/Adrian Wyld

‘Case not made’ for Liberal bill’s problematic cyberspy powers

The Liberal government’s ill-defined plan to give Canada’s cyberspy agency wide-ranging powers to go on the attack against threats could trample civil liberties

The Liberal government’s ill-defined plan to give Canada’s cyberspy agency wide-ranging powers to go on the attack against threats could trample civil liberties, warns a newly released analysis.

The report by leading Canadian cybersecurity researchers says there is no clear rationale for expanding the Communications Security Establishment’s mandate to conduct offensive operations.

“The case has not been made that such powers are necessary, nor that they will result in a net benefit to the security of Canadians.”

The 71-page report, made public today, was prepared by a team of five researchers from the Citizen Lab at the Munk School of Global Affairs at the University of Toronto and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic at the University of Ottawa.

It delves into intricacies of the sweeping Liberal security bill, tabled in June, that would give the CSE new authority to conduct both defensive and offensive cyberoperations. The report makes 45 recommendations to safeguard privacy and human rights.

The Ottawa-based CSE uses highly advanced technology to intercept, sort and analyze foreign communications for nuggets of intelligence that are of interest to the federal government. It is a member of the Five Eyes intelligence alliance that also includes the United States, Britain, Australia and New Zealand.

Related: Federal government needs help tackling cyberthreats, internal report warns

The secretive CSE has been thrust into the headlines in recent years due to leaks by Edward Snowden, the former spy contractor who worked for the National Security Agency, the CSE’s American counterpart.

The Liberal legislation, which followed extensive public consultations, would give the CSE new muscle to engage in state-sponsored hacking and other covert measures. It would be authorized to interfere “with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.”

However, what this exactly means isn’t clear, nor does the legislation require that the target of the CSE’s intervention pose some kind of meaningful threat to Canada’s security interests, the report says.

The previous Conservative government gave the Canadian Security Intelligence Service, the national domestic spy service, the power to disrupt plots that threaten Canada, not just gather information about them. Disrupt could mean anything from defacing a website to sabotaging a vehicle.

The CSIS powers stirred controversy, raising fears of constitutional breaches, and the Liberal bill refines them to ensure consistency with the Charter of Rights and Freedoms.

The analysis says the proposed new CSE powers ”have the capacity to be at least as invasive, problematic and rights-infringing” as activities conducted by CSIS in the course of its threat-reduction activities.

The authors recommend the CSE be required to obtain judicial warrants, much like CSIS does, before taking disruptive actions in cyberspace. At minimum, there should be a more robust plan for independent, real-time oversight of the CSE’s offensive activities.

Related: Human rights, cyber security to be part of Canada-China free trade consultations

They also caution that endorsing state-sponsored cyberoperations has serious international implications, and is ”likely to legitimize and encourage other states — including those with problematic human rights records — to do the same.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Alberni weightlifter heads to world championship

Dhaliwal is ranked second in the Pan Americas and fifth overall in the world

Wildfire crews gain upper hand on Arbutus Ridge fire

Controlled burning helping to contain fire: Coastal Fire Centre

D.O.A. brings punk rock to Port Alberni’s Rainbow Room

New generation of punk bands help D.O.A. celebrate 40 years of performing

B.C. declares state of emergency as more than 560 wildfires rage

This is only the fourth state of emergency ever issued during a fire season

ARTS AROUND: It’s time to get creative with myriad workshops

Summer camps at Rollin Art Centre in Port Alberni are wrapping up

Hundreds compete at 36th Tlu-piich Games

Numbers were slightly down from last year due to wildfire smoke

B.C. company patents Sasquatch, the country’s first homegrown hops plant

Created by Hops Connect, Sasquatch hops are being grown commercially for the first time in B.C.

Farmers ponder impact of alternatives to pesticides being banned

The nicotine-based pesticides scientists have linked to a rising number of honey bee deaths will be phased out of use in Canada over a three year period starting in 2021.

Time to kick maverick Tory MP Maxime Bernier out of caucus, Scheer urged

Conservative MP Maxime Bernier is taking issue with Prime Minister Justin Trudeau’s oft-repeated message of diversity in Canada, calling it a form of “radical multiculturalism.”

Thousands of police officers expected at regimental funeral in Fredericton

Two civilians were killed in a shooting in Fredericton that also claimed the lives of two police officers.

2 girls, hand-drawn map in hand, sneak out of B.C. home for adventure

The pair’s escape has transit police reminding commuters to report unusual behaviour

Authorities call for calm as fires burn near Zeballos

Authorities are asking residents not to panic as several wildfires burn near… Continue reading

Ex-B.C. teachers’ union leader among latest pipeline protesters to get jail time

Twelve people have been sentenced for violating court order to stay away from Kinder Morgan terminal

B.C. not prepared for a Humboldt Broncos bus crash, group says

An air ambulance advocacy group wants an overhaul of B.C.’s emergency medical system in rural regions

Most Read