CLOUD Act

This submission analyzes Bill C-22, the Lawful Access Act, which would enact broad surveillance obligations and reforms in Canada. Issues include: the bill’s sweeping scope, significant constitutional and human rights risks, transparency and accountability deficits, and dangers to encryption and Canada’s cybersecurity. We recommend entirely withdrawing several elements of the bill and suggest amendments to mitigate harms. 

Legal researchers Cynthia Khoo and Kate Robertson warn that a Canada-U.S. CLOUD agreement would extend the reach of U.S. law enforcement into Canada’s digital terrain to an unprecedented extent, and that if signed, this agreement would effectively allow U.S. police to demand personal data directly from any provider of an “electronic communication service” or “remote computing service” in Canada, so long as it had some ties to the U.S.