Canada\u2019s spy agency says the lack of a \u201clawful access\u201d regime that would give it easier access to Canadians\u2019 digital data has frustrated its ability to help foreign intelligence partners combat transnational threats, including those moving into Canada.<\/p>\n
In a rare on-the-record briefing, Nicole Giles, deputy director of policy and strategic partnerships at the Canadian Security Intelligence Service, said that, in one instance, the agency was unable to respond to a request from a \u201clike-minded\u201d foreign intelligence partner to identify suspects found to have Canadian phone numbers. <\/p>\n
Ms. Giles answered questions from The Globe and Mail on Friday, alongside other senior federal officials, about Bill C-22, Ottawa\u2019s proposed lawful access bill, which would force tech companies and other electronic service providers to make changes to their systems to help police and CSIS with investigations.<\/p>\n
They were responding to critics of the bill, who warn it could compromise Canadians\u2019 privacy, weaken encryption and create new targets for hackers. <\/p>\n
CSIS and law enforcement have long argued that Canada is lagging behind its Five Eyes intelligence partners in not having such a lawful access regime. <\/p>\n
Major Canadian online privacy company plans to leave country if lawful access bill passes<\/a><\/p>\n Ms. Giles said that although the intelligence work of CSIS is \u201chighly valued by our partners\u201d they would \u201cvery much like us to have similar capabilities to be able to contribute.\u201d<\/p>\n She said there is always \u201ca degree of frustration when there is a gap in our systems that we\u2019re not able to fill when it comes to working as a collective team internationally to combat threats,\u201d which she said now \u201ctend to transcend borders.\u201d<\/p>\n \u201cThere\u2019s very few threats that any of us are working on that don\u2019t have any sort of international linkage or implications, so there\u2019s a lot of importance in ensuring that we can hold our weight with partners,\u201d she added. <\/p>\n During one operation, the spy agency received information \u201cfrom a foreign partner carrying out an investigation outside Canada, where a few of the subjects of investigation are associated with Canadian phone numbers.\u201d<\/p>\n The partner told CSIS that, based on their intelligence, the threat was moving into Canadian territory.<\/p>\n \u201cSo we were able to confirm that the phone numbers were obtained through a reseller, but most resellers don\u2019t actually maintain records of their sales,\u201d she said, explaining that core metadata on the targets\u2019 activities was not available. <\/p>\n Even if a federal warrant had been obtained to track a cellphone, without lawful access powers requiring data to be retained, Ms. Giles said, \u201cthe electronic service provider does not have the necessary capabilities to track the device.\u201d<\/p>\n Bill C-22, currently being scrutinized by a committee of MPs, could force electronic service providers \u2013 such as phone companies, messaging apps and tech companies \u2013 to collect metadata about clients and retain it for up to a year.<\/p>\n