Critical analysis and insight that navigates the complex implications of ongoing encryption debates.

In this post, we evaluate the Government’s explanation of some of the more problematic elements of Bill C-59 in its briefing notes. We ultimately conclude that while the government’s briefing material provides insight into some of the ways that the CSE might act following the passage of the CSE Act, the material itself does not resolve our concerns with the CSE Act.

The Citizen Lab and the Canadian Internet Policy & Public Interest Clinic (CIPPIC) have collaborated to produce a report which provides timely legal analysis, political context, and historical background on the Communications Security Establishment Act and related provisions in Bill C-59 (An Act respecting national security matters), First Reading (December 18, 2017).

In this post, we critically examine the Government of Canada’s proposal to indiscriminately access subscriber identity information that is possessed by telecommunications service providers. We conclude by arguing that the government has failed to justify its case for such access to the information.

This report investigates the surveillance capabilities of IMSI Catchers, efforts by states to prevent information relating to IMSI Catchers from entering the public record, and the legal and policy frameworks that govern the use of these devices. The report principally focuses on Canadian agencies but, to do so, draws comparative examples from other jurisdictions. The report concludes with a series of recommended transparency and control mechanisms that are designed to properly contain the use of the devices and temper their more intrusive features.

This article, written by Postdoctoral Fellow Christopher Parsons and CIPPIC Staff lawyer Tamir Israel, analyzes how successive federal governments of Canada have actively sought to weaken the communications encryption available to Canadians. The article covers regulations imposed on mobile telecommunications providers, state authorities’ abilities to compel decryption keys from telecommunications providers writ large, and Canada’s signals intelligence agency’s deliberate propagation of flawed encryption protocols.