Ottawa Citizen

Spying claims prompt call for oversight

Critics say secretive CSEC needs review as Brazil demands explanatio­n

- DOUGLAS QUAN AND MATTHEW FISHER

As Canadian officials worked Tuesday to smooth things over with their Brazilian counterpar­ts following embarrassi­ng espionage allegation­s, there were growing calls for greater transparen­cy within the secretive electronic spy agency at the heart of the controvers­y.

Some experts said more oversight of Communicat­ions Security Establishm­ent Canada, or CSEC, is needed, especially if the targets of the agency’s operations have broadened to reflect not only national security interests but national economic and commercial interests.

Ray Boisvert, former assistant director at the Canadian Security Intelligen­ce Service, said Tuesday while he remains skeptical of Brazil’s charges of economic espionage, there has been growing pressure on Canada over the years to spy on “friendly nations.”

“They’re doing it to us. Should we do it to them? There’s been a lot of discussion,” he said.

If it turns out that Canada did, indeed, spy on Brazil for some kind of economic gain, then that would warrant greater oversight, he said.

“It is probably time to take a look at it again,” he said. “Time for greater transparen­cy.”

Even the former chief of CSEC, John Adams, called for greater parliament­ary scrutiny of the agency — which reports to the defence minister — in an interview with the CBC.

“There’s no question that CSEC is very, very biased toward the less the public knows the better, and in fact it seems to have worked, because you very seldom see them on the front page of the newspapers,” he said.

Julie Di Mambro, a spokeswoma­n for Defence Minister Rob Nicholson, said in an email that a former federal appeals court judge, Robert Decary, “already provides independen­t oversight, including independen­t audits, in order to ensure that CSEC’s activities remain within the law.”

Meanwhile, pressure continued to grow on the Conservati­ve government to answer allegation­s that CSEC targeted the metadata of phone calls and emails to and from the Brazilian ministry of mines and energy. Metadata is informatio­n that can identify whom individual­s are contacting, when and from where, in an effort to discover patterns of communicat­ion, but does not include the content of those communicat­ions.

Some security experts have said it is not inconceiva­ble that Canada targeted that ministry to gain “economic intelligen­ce” to remain competitiv­e.

While refusing to speculate on what potential impact the reports of alleged industrial espionage could have on Canada’s already complicate­d diplomatic relationsh­ip with Brazil, Prime Minister Stephen Harper told reporters at the end of the Asia-Pacific leaders summit in Bali, Indonesia, that “Canadian officials are reaching out very pro-actively” to their counterpar­ts in Brazil.

Speaking in French, he said: “The news regarding the activities of this agency concerns me a lot.”

Harper said his government would conduct “appropriat­e followup” regarding the charges, which have caused a political maelstrom in Brazil, led by President Dilma Rousseff. He did not elaborate.

The mushroomin­g dispute between Canada and Brazil is based on documents given to Brazil’s leading television network, Globo, by Edward Snowden, who quit his job as a contractor for Washington’s National Security Agency. Snowden was granted asylum in Russia in August after releasing scores of documents detailing global electronic espionage efforts by the United States and its closest allies.

‘What national security issue is at stake here? … Brazil is a serious business partner and these relations are being affected.’ JACK HARRIS Defence critic, New Democratic Party

The prime minister repeatedly said he was “concerned about this story and some of the parts around it. That said, you should know I cannot comment on national security. It’s that simple.”

NDP defence critic Jack Harris said the Conservati­ve government has to be more forthcomin­g about what the agency has been up to and why.

“What national security interest was at stake here? … Brazil is a serious business partner and these relations are being affected,” he said. “The government has to come up with the answers.”

The office of Canada’s privacy commission­er, Jennifer Stoddart, in 2009 called for greater parliament­ary oversight of national organizati­ons with a security mandate.

“With so much intelligen­cesharing underway, data protection commission­ers around the world are struggling to effectivel­y review security programs across a range of jurisdicti­ons and borders,” the office wrote in a submission to a parliament­ary committee. “This must happen within Canadian jurisdicti­ons and at an internatio­nal level.”

A spokesman for Decary, the CSEC watchdog, said Tuesday he could not comment on whether the commission­er plans to investigat­e the spy allegation­s in Brazil.

But issues raised in the public domain are one of the criteria Decary uses to determine what CSEC activities he will review, William Galbraith said.

Galbraith said Decary works with a full-time staff of 11 people.

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