Sajjan defends proposed new spy powers
Critics say Bill C-59 would grant security establishment power to launch cyber attacks
OTTAWA— Canada’s defence minister is defending new powers proposed for the country’s electronic spies, saying the Communications Security Establishment (CSE) needs to “evolve” to face new threats such as electronic propaganda campaigns.
But critics of the Liberals national security overhaul say the legislation would give the CSE authority to launch its own disinformation operations — actions Canada would criticize nations like Russia for conducting — and risk “normalizing” statesponsored hacking.
Bill C-59 would dramatically change Canada’s national security agencies, including granting new powers to the CSE. The agency’s new mandate would include explicit authority to launch cyber attacks — including the ability to “disrupt” or “influence . . . intentions or activities of a foreign individual, state, organization or terrorist group.”
The key word there is “influence.” Critics argue the legislation could open the door to the kind of statesponsored disinformation campaigns that have recently targeted Western democracies.
But Harjit Sajjan framed the new powers as defensive measures, needed to combat misinformation about Canadian soldiers in the field.
“This is just about us evolving to the various threats. And I think Canadians expect us to use every tool necessary, but we do it in the right legal framework,” Sajjan said.
“We will always reserve the right to be able to defend our soldiers regardless what type of (tactics are) being used against them.”
Bill C-59, introduced in June by Public Safety Minister Ralph Goodale, proposed sweeping changes to Canada’s national security agencies. It was promised as an attempt to reform the perceived overreaches of the former Conservative government’s terrorism laws.
“I think Canadians expect us to use every tool necessary, but we do it in the right legal framework.” HARJIT SAJJAN DEFENCE MINISTER
But it also includes a stand-alone section on the CSE, which since 2001 has operated under the supervision of the Department of National Defence. For most of its recent history, the CSE has been limited to conducting foreign intelligence operations, defending Canadian government networks, and providing technical assistance to law enforcement agencies.
The new legislation changes that. Under C-59, CSE would be permitted to conduct “active cyber operations” — including cyber attacks and hacking — with the approval of the ministers of Defence and Foreign Affairs.
Christopher Parsons, a researcher with the University of Toronto’s Citizen Lab, suggested the CSE’s new mandate could “normalize” statesponsored hacking and information operations.
“There is a concern that the CSE could engage in measures that are intended to disrupt non-democratic countries (or) impede processes that the Canadian government doesn’t identify as due justice,” Parsons said.
“There can be understandable operational reasons the Canadian government believes it would be helpful to intrude upon foreign elections, foreign judicial processes . . . By having that there . . . we are normalizing (the practice).”
The Canadian Forces knows firsthand the effect of state-sponsored information operations. Canadian soldiers deployed to Latvia last year were warned Russia had plans to undermine a joint NATO operation in that country using propaganda.
Sajjan suggested information operations were a tool — one that can be used in a constructive way by some, and a “negative way” by others.
“What our troops in Latvia (did) to protect themselves from this is actually engage the community. So when misinformation actually comes out . . . they’re actually engaging the community and doing community events,” Sajjan said.
“You can look at it as community engagement, but you can also look at it as information operations.”
The Liberal government has signalled their willingness to make significant changes to Bill C-59, and took a rare step to send the legislation for committee hearings early. Those hearings will resume when MPs return to Ottawa at the end of the month.