Mass surveillance in Canada

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The Edward Snowden revelation that the Communications Security Establishment (CSE), without a warrant, used free airport Wi-Fi service to gather the communications of all travellers using the service and to track them after they had left the airport sparked an ongoing unfounded concern about mass surveillance in Canada. [1] It was reported but unverified that the number of Canadians affected by this surveillance is unknown apparently even to the Canadian Security Intelligence Service. [2]

Contents

Key Government Bodies

The Department of National Defence (DND), the Communications Security Establishment, CFINTCOM and the Canadian Security Intelligence Service CSIS

Communications Security Establishment Canada (CSE)

The Communications Security Establishment Canada (CSE) is Canada's signals intelligence agency. The agency is responsible for foreign signals intelligence and for protecting the Canadian government's electronic information and communication networks. It reports to the Minister of National Defence, who is in turn accountable to Cabinet and Parliament. CSE is part of the Five Eyes, or the alliance of spying agencies of the United States, Australia, New Zealand, the United Kingdom and Canada.

CSE originated in World War II, as a military signals corps meant to collect foreign intelligence signals. The agency only came into public awareness, however, with the 1974 CBC TV documentary The Fifth Estate: The Espionage Establishment. Since the events of 9/11 and Canada's subsequent 2001 Anti-Terrorism Act, the CSE's capacities have expanded significantly, in terms of legal mandate, available technology, and financial resources. Today, it employs roughly 2000 people [3] and its estimated 2015-2016 budget was $1.075 billion. [4] The agency expects a net increase of $59.5 million in federal funding in the coming year [4]

The 2001 Anti-Terrorism Act amended the National Defence Act to establish the CSE's mandate as follows:

CSE is bound by the Canadian Criminal Code, the Canadian Charter of Rights and Freedoms, the Privacy Act, and all Canadian laws. The agency cannot legally intercept the private communications of Canadians, except for foreign communications that originate or end in Canada. Ministerial authority for such interception is given on a case-by-case basis. Additionally, for reasons of national security, the Security of Information Act permanently binds CSE employees to secrecy, meaning they cannot legally disclose certain information without special authorization. [5]

Per CSE's own description, [6] all of the agency's activities must be necessary to fulfill their relevant mandate; proportionate to the risk being mitigated or the foreign intelligence of interest; effective at protecting the privacy of Canadians; and as minimally intrusive as possible.

The agency is overseen by the CSE Commissioner's Office, which conducts an annual review of CSE activities and their compliance with the law and ministerial authority. The CSE Commissioner can issue recommendations as to the CSE's conduct, which are then, in theory, implemented by the Minister of Defence. To date, the Commissioner has yet to find any CSE activities to be in violation of Canadian law.

Metadata surveillance

CSE is responsible for the Canadian government's metadata surveillance program. Even though metadata does not include the content of the communication itself, it yields a substantial amount of information about its source devices, users and transmissions.

A national security measure to track patterns of suspicious activity, the Canadian metadata surveillance program was first implemented in 2005 by secret decree. [7] It was then suspended for a year in 2008, amid concerns that the program could amount to unwarranted surveillance of innocent Canadians. [7] However, the program was renewed in 2011 via ministerial directive from then-Defence Minister Peter MacKay. [7] The program was broadly approved by the CSE Commissioner at the time.

CSE claims that it does not collect or use metadata to target Canadians without a warrant, as doing so would violate the National Defence Act. The agency holds that it only uses metadata to identify foreign intelligence targets and their social networks, and possible cyber threats. [8] However, CSE acknowledges that the subsets of metadata that it legitimately collects may inadvertently include metadata on the private communications of Canadians. To reduce this allegedly inevitable incursion of privacy, the agency takes measures such as limiting the length of time that metadata can be stored, restricting access to metadata to authorized CSE personnel, redacting any identifying information about Canadians when sharing intelligence with allies, and cooperating with the CSE commissioner's review of activities. [8]

Canadian Security Intelligence Service (CSIS)

Oversight

There are actually no oversight for the Communications Security Establishment.

Communications Security Establishment Commissioner

Security Intelligence Review Committee

CSIS Act

National Defence Act

2001 Anti-Terrorism Act

2015 Anti-Terrorism Act (Bill C-51)

Privacy Act

Related Research Articles

<span class="mw-page-title-main">GCHQ</span> British signals intelligence agency

Government Communications Headquarters (GCHQ) is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the United Kingdom. Primarily based at "The Doughnut" in the suburbs of Cheltenham, GCHQ is the responsibility of the country's Secretary of State for Foreign and Commonwealth Affairs, but it is not a part of the Foreign Office and its Director ranks as a Permanent Secretary.

<span class="mw-page-title-main">National Security Agency</span> U.S. signals intelligence organization

The National Security Agency (NSA) is an intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, specializing in a discipline known as signals intelligence (SIGINT). The NSA is also tasked with the protection of U.S. communications networks and information systems. The NSA relies on a variety of measures to accomplish its mission, the majority of which are clandestine. The NSA has roughly 32,000 employees.

<span class="mw-page-title-main">Australian Signals Directorate</span> Australian signals intelligence agency

The Australian Signals Directorate (ASD), formerly the Defence Signals Directorate (DSD), is the federal statutory agency in the Australian Government responsible for foreign signals intelligence, support to military operations, cyber warfare, and information security. ASD is part of the Australian Intelligence Community. ASD's role within UKUSA Agreement is to monitor signals intelligence ("SIGINT") in South and East Asia. The ASD also houses the Australian Cyber Security Centre.

<span class="mw-page-title-main">Communications Security Establishment</span> Canadian cryptologic agency

The Communications Security Establishment, formerly called the Communications Security Establishment Canada (CSEC), is the Government of Canada's national cryptologic agency. It is responsible for foreign signals intelligence (SIGINT) and communications security (COMSEC), protecting federal government electronic information and communication networks, and is the technical authority for cyber security and information assurance.

<span class="mw-page-title-main">Mass surveillance</span> Intricate surveillance of an entire or a substantial fraction of a population

Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by local and federal governments or governmental organizations, but it may also be carried out by corporations. Depending on each nation's laws and judicial systems, the legality of and the permission required to engage in mass surveillance varies. It is the single most indicative distinguishing trait of totalitarian regimes. It is often distinguished from targeted surveillance.

<span class="mw-page-title-main">Government Communications Security Bureau</span> New Zealand signals intelligence agency

The Government Communications Security Bureau (GCSB) is the public-service department of New Zealand charged with promoting New Zealand's national security by collecting and analysing information of an intelligence nature. The GCSB is considered to be New Zealand's most powerful intelligence agency, and has been alleged to have conducted more espionage and data collection than the country's primary intelligence agency, the less funded NZSIS. This has at times proven controversial, although the GCSB does not have the baggage of criticism attached to it for a perceived failure to be effective like the NZSIS does. The GCSB is considered an equivalent of GCHQ in the United Kingdom or the NSA in the United States.

<span class="mw-page-title-main">UKUSA Agreement</span> Multilateral signals intelligence treaty signed in 1946

The United Kingdom – United States of America Agreement is a multilateral agreement for cooperation in signals intelligence between Australia, Canada, New Zealand, the United Kingdom, and the United States. The alliance of intelligence operations is also known as the Five Eyes. In classification markings this is abbreviated as FVEY, with the individual countries being abbreviated as AUS, CAN, NZL, GBR, and USA, respectively.

<span class="mw-page-title-main">PRISM</span> Mass surveillance program run by the NSA

PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC and Apple under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.

<span class="mw-page-title-main">Boundless Informant</span> Big data analysis and visualization tool used by the NSA

Boundless Informant is a big data analysis and data visualization tool used by the United States National Security Agency (NSA). It gives NSA managers summaries of the NSA's worldwide data collection activities by counting metadata. The existence of this tool was disclosed by documents leaked by Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton. Those disclosed documents were in a direct contradiction to the NSA's assurance to United States Congress that it does not collect any type of data on millions of Americans.

<span class="mw-page-title-main">XKeyscore</span> Mass surveillance system

XKeyscore is a secret computer system used by the United States National Security Agency (NSA) for searching and analyzing global Internet data, which it collects in real time. The NSA has shared XKeyscore with other intelligence agencies, including the Australian Signals Directorate, Canada's Communications Security Establishment, New Zealand's Government Communications Security Bureau, Britain's Government Communications Headquarters, Japan's Defense Intelligence Headquarters, and Germany's Bundesnachrichtendienst.

<span class="mw-page-title-main">Mass surveillance in the United States</span>

The practice of mass surveillance in the United States dates back to wartime monitoring and censorship of international communications from, to, or which passed through the United States. After the First and Second World Wars, mass surveillance continued throughout the Cold War period, via programs such as the Black Chamber and Project SHAMROCK. The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA institutionalized surveillance used to also silence political dissent, as evidenced by COINTELPRO projects which targeted various organizations and individuals. During the Civil Rights Movement era, many individuals put under surveillance orders were first labelled as integrationists, then deemed subversive, and sometimes suspected to be supportive of the communist model of the United States' rival at the time, the Soviet Union. Other targeted individuals and groups included Native American activists, African American and Chicano liberation movement activists, and anti-war protesters.

<span class="mw-page-title-main">Mass surveillance in the United Kingdom</span> Overview of mass surveillance in the United Kingdom

The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other countries, including western European countries.

<span class="mw-page-title-main">2010s global surveillance disclosures</span> Disclosures of NSA and related global espionage

During the 2010s, international media reports revealed new operational details about the Anglophone cryptographic agencies' global surveillance of both foreign and domestic nationals. The reports mostly relate to top secret documents leaked by ex-NSA contractor Edward Snowden. The documents consist of intelligence files relating to the U.S. and other Five Eyes countries. In June 2013, the first of Snowden's documents were published, with further selected documents released to various news outlets through the year.

<span class="mw-page-title-main">Global surveillance</span> Mass surveillance across national borders

Global mass surveillance can be defined as the mass surveillance of entire populations across national borders.

<span class="mw-page-title-main">Stateroom (surveillance program)</span>

STATEROOM is the code name of a highly secretive signals intelligence collection program involving the interception of international radio, telecommunications and Internet traffic. It is operated out of the diplomatic missions of the signatories to the UKUSA Agreement and the members of the ECHELON network including Australia, New Zealand, United Kingdom, Canada and the United States.

In Re Electronic Privacy Information Center, 134 S.Ct. 638 (2013), was a direct petition to the Supreme Court of the United States regarding the National Security Agency's (NSA) telephony metadata collection program. On July 8, 2013, the Electronic Privacy Information Center (EPIC) filed a petition for a writ of mandamus and prohibition, or a writ of certiorari, to vacate an order of the Foreign Intelligence Surveillance Court (FISC) in which the court compelled Verizon to produce telephony metadata records from all of its subscribers' calls and deliver those records to the NSA. On November 18, 2013, the Supreme Court denied EPIC's petition.

Mass surveillance in Australia takes place in several network media, including telephone, internet, and other communications networks, financial systems, vehicle and transit networks, international travel, utilities, and government schemes and services including those asking citizens to report on themselves or other citizens.

The intelligence commissioner of Canada is an independent officer of the Government of Canada charged with quasi-judicial review of certain decisions made by the Minister of Public Safety and Minister of National Defence in relation to the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE).

The National Security and Intelligence Review Agency is an independent government agency organized to review all national security and intelligence activities carried out by the Government of Canada. NSIRA was established in June 2019 to replace the Security Intelligence Review Committee, which was limited to reviewing the activities of the Canadian Security Intelligence Service (CSIS).

<i>National Security Act 2017</i> (Canada) National Security Act

The National Security Act, 2017 is a Canadian statute enacted by the Parliament of Canada to reform the oversight of the National Security Agencies of Canada, including the Royal Canadian Mounted Police (RCMP), Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE). It also makes various adjustments to supporting legislation, including the National Defense Act, the Canadian Security Intelligence Service Act the Communications Security Establishment Act and the Criminal Code to support these new mechanisms.

References

  1. "CSEC used airport Wi-Fi to track Canadian travellers: Edward Snowden documents".
  2. Boutilier, Alex (February 2, 2017). "Ottawa Bureau Reporter" . Retrieved February 2, 2017.
  3. "Toronto Star". thestar.com.
  4. 1 2 "Canada's spies expecting a budget boost - Toronto Star". thestar.com. 23 February 2016.
  5. Branch, Legislative Services (6 October 2023). "Consolidated federal laws of canada, Security of Information Act". laws-lois.justice.gc.ca.
  6. Toolkit, Web Experience. "How does CSE protect the privacy of Canadians?". www.cse-cst.gc.ca. Archived from the original on 2017-06-13.
  7. 1 2 3 FREEZE, COLIN (10 June 2013). "Data-collection program got green light from MacKay in 2011". The Globe and Mail.
  8. 1 2 Toolkit, Web Experience (27 October 2020). "Metadata and our Mandate". www.cse-cst.gc.ca.