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Canada’s federal court rules intelligence service bulk data collection illegal

387 points| based2 | 9 years ago |theglobeandmail.com | reply

53 comments

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[+] pjc50|9 years ago|reply
"But there is no apparent fallout from this for CSIS yet. While the spy agency says it will stop analyzing the contentious data, there are no indications that it will destroy the data."

It's not really illegal if there's no enforcement, is there?

[+] abandonliberty|9 years ago|reply
Organizations select for those who create more power. Those in control in any organization got there by maximizing their power relative to any other competitors.

Frustrating a few concerned citizens is worth it. You can't expect an organization to do what is morally just if it doesn't align with it's interests.

1. https://news.ycombinator.com/item?id=12880180

[+] adekok|9 years ago|reply
Ignorance of the law is no excuse.

... for me. Not for them, apparently.

If the people enforcing the law aren't required to know or follow it, why am I required to?

[+] noodles23|9 years ago|reply
Considering how hard it is to explain how Google Analytics works to the standard business owner, I imagine it wouldn't be hard to obscure all manners of data collection programs from oversight.

In times like this, the importance of civics education is highlighted. The very idea that people in law enforcement think it's acceptable to treat judges and the legal system with such contempt is scary. Even if you disagree with a certain law or system, you still need to respect it as a public servant.

[+] throwwit|9 years ago|reply
There's precedent in pushing the envelope in law enforcement since Sir Robert Peel (if you read up on it). It's not surprising an analogous methodology has been promulgated. Hopefully a more appropriate solution is worked out.
[+] hbt|9 years ago|reply
You'd have to be a fool to trust lawmakers or law enforcement with your data and privacy by this point.

They will always find some loophole in the language. Illegal to collect but not illegal to access what has been collected by allies (aka the Five Eyes).

Just encrypt everything, use VPNs and whatever you push in plain/text may as well be public.

Trust open technologies you understand, not politicians.

[+] chongli|9 years ago|reply
Trust open technologies you understand, not politicians.

How many people really understand these technologies? For anyone who lacks either the time or the know-how to audit the source code: what do you suggest? If it's not "find the time and educate yourself" then does your statement not revert to:

"Trust these technology experts instead of these politicians."?

To which I'd respond: Why? Why is a technology expert more trustworthy than a politician?

[+] anonbanker|9 years ago|reply
On top of encrypting everything/using VPNs, you'd have to be a fool to trust your data to a Five Eyes country in $current_year. Put that encrypted data/email on a server in Iceland or Seychelles, completely out of reach of the panopticon.

You'd be almost as large a fool incorporating in a Five Eyes country for the same reasons. Bermuda and Nevis are beautiful countries for more than just the scenery.

Take your assets, and even your liabilities out of the country who doesn't respect your privacy. This is how you truly vote with your wallet in the 21st century.

[+] appleiigs|9 years ago|reply
I'd extend it to: you'd be a fool to trust anyone with your data and privacy. At least law enforcement is working under the premise of the good of society (albeit, implemented poorly), compared to Google and Facebook which is working to monetize you.
[+] sandworm101|9 years ago|reply
For any non-Canadians reading this, understand that Canadians have a very different relationship with CSIS than say Americans do with the NSA or Brits with GCHQ. We have not seen the bulk use of this data for purposes of general law enforcement. It isn't being used to nab drug dealers or child pornographers. CSIS is rather oldschool in it's approach: intel assets are for intel purposes, not law enforcement. At least that is what we have seen so far. The trust has yet to be broken as it has elsewhere.
[+] RRRA|9 years ago|reply
Except they are on the same campus as CSEC and this happened (among other things): http://www.cbc.ca/news2/pdf/airports_redacted.pdf

I'm pretty sure that CSEC dragnet-snooping on airports, including all Canadians, doesn't magically disappear from CSIS storage.

Either way, the government is spying on its own citizens and trust is broken.

[+] CamperBob2|9 years ago|reply
We have not seen the bulk use of this data for purposes of general law enforcement. It isn't being used to nab drug dealers or child pornographers.

Yeah, they told us the same thing.

Do some reading on a concept known as "parallel construction."

[+] formula1|9 years ago|reply
So this seems to be more about the retention of data than it is about the collection. Where the retention of all data is not as important as a select few that pertain to national security. I'd love to play devils advocate here and claim that the agency requires all the information or court oversight of a spy agency is ludicrous. But I dont think any one branch should be judge jury and executionor. I wonder how much of this is symbolic? I know here in the US we are lucky to even hear about a segment of what happens. But I can certainly argue that many questionable deeds are done in the interest of the american citizens
[+] adekok|9 years ago|reply
> I'd love to play devils advocate here and claim that ... court oversight of a spy agency is ludicrous.

We could add rubber-stamp oversight:

https://www.eff.org/deeplinks/2014/08/what-you-need-know-abo...

That court approves essentially all requests.

Secret courts, secret laws, warrant-less searches. There's one set of rules for the people in charge, and another set of rules for the people being charged.

[+] fatdog|9 years ago|reply
The thing nobody really talks about is that the agency in question is a "domestic" security intelligence agency. It has no foreign intelligence mandate (unless that's changed recently.)

Reporters call it "Canada's CIA," but it is mandated by the government in canada to spy only within the country. They are not a police force and cannot arrest their targets. Canada has a bunch of police intelligence agencies. It is hard to see what democratic function a domestic spy agency plays. Maybe there are good arguments for them.

[+] brahmwg|9 years ago|reply
Interesting timing for this post, given the lecture Snowden gave at McGill earlier this week.

https://youtu.be/4x8ZI0IaInE

[+] MidoAssran|9 years ago|reply
Yeah it was a great talk! Thousands of students waited for hours on the McGill campus to attend Snowden's talk -it's an important issue that a lot of people care about.
[+] riprowan|9 years ago|reply
The only questions I have are: why is it taking so long for the legal system to catch up to where we were 15 years ago and how will we ever keep Constitutional protections ahead of accelerating technology?
[+] mark_edward|9 years ago|reply
People make these technologies for the government, and many private firms do much of the work as contractors or by selling products as had been documented in many Snowden leaks. In addition i doubt any of the employees who do this are conscript. Simple venality and maybe a dash of patriotism suffices for us to always lose this game.

Nobody has managed to roll back the arms merchants' profits and influence, hell some of our governments (US, Canada) are the biggest arms dealers around. I see no reason why we'd be able to hold back this monster (profiteering and control through complex and often secret surveillance) when we can't hold back profiteering and control through mind numbingly obvious stuff like bombers and guns. Hell Trudeau talks a game about lgbt people and human rights and turns around and sells arms to the KSA to help bomb Yemen into hell.

The military industrial complex won, don't see why the surveillance industrial complex won't either.

[+] known|9 years ago|reply
Govt will always find a work around in the pretext of patriotism :)