I’ve noted before that there seems to be a concerted push around the world by governments to introduce comprehensive new telecoms surveillance laws that force telecommunications and Internet Service Providers (ISPs) to record, store, and provide access to and/or share with state intelligence agencies, the traffic and/or communications data of their customers (in other words, users like us). What is noticeably here is that there is a particular logic that appears in the arguments of governments who are attempting to persuade their parliaments or people of the need for such laws. This logic that is firstly, circular and self-referential, in that it makes reference to the fact that other governments have passed such laws as if this in itself provides some compelling reason for the law to be passed in their own country. The second part of this is a king of competitive disadvantage arguments that flows from the first argument: if ‘we’ don’t have this law, then somehow we are falling behind in a never openly discussed intelligence-capability race that will hit national technological innovation too.
The media often seem oblivious to what seems obvious, and hence the story on the CTV news site today with reference to Canada’s currently proposed communications law that would allow the Canadian Security and Intelligence Service (CSIS) warrantless access to such the data from Internet and telecoms providers. They consider it to be ‘unexpected’ that the parliamentary Security Intelligence Review Committee has come out in support of the bill. Looking at the reasons why though, they are exactly what one would expect if one has been following the debates around the world and contain exactly the logics I have outlined. The story notes that the committee “points out that governments in the United States and Europe have already passed laws requiring co-operation between security agencies and online service providers” (without, incidentally, pointing out that these remain enormously controversial, or that other governments have abandoned some of their attempts) and later that “intelligence technology… requires continued access to new talent and innovative research.” However they won’t go into details as it is a “very sensitive matter.”
And absent from this debate as usual is the fact that this is not just a question of ‘national security’ if you set up these systems, you feed the US National Security Agency too. Canadian intelligence is still bound by agreements made after WW2, particularly the CANUSA agreement on Signals Intelligence (SIGINT), later incorporated into the UKUSA structure. And as we all know, right now, the USA does not always have the same strategic interests as Canada (the issue of arctic sovereignty is just one example). If this bill is passed, it’s a license for US spies, not just Canadian ones.