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Canada’s intelligence service asked foreign agencies to spy on Canadians

RT | December 22, 2013

Canada’s intelligence agency deliberately kept the country’s Federal Court “in the dark” to bypass the law in order to outsource its spying on Canadian citizens abroad to foreign security agencies, a federal judge said.

Federal Court Judge, Richard Mosley, has slammed the Canadian Security Intelligence Service (CSIS) for knowingly misleading him on numerous occasions.

Since 2009, Mosley has issued a large number of warrants to the CSIS, authorizing interception of electronic communications of unidentified Canadians abroad, who were investigated as threats to domestic security.

The spy agency assured the judge that the surveillance was to be carried out from inside Canada and controlled by and the Communication Security Establishment of Canada (CSEC), the country’s foreign signals intelligence service.

But, after the warrants were obtained, Canada’s foreign partners from the Five Eyes intelligence-gathering alliance (US, UK, Australia and New Zealand) were asked to perform the interceptions.

Canada’s Federal Court wasn’t notified of the foreign involvement and never approved it, Mosley wrote in a redacted version of a classified court decision which was made public on Friday.

“It is clear that the exercise of the court’s warrant issuing has been used as protective cover for activities that it has not authorized,” the document stressed. “The failure to disclose that information was the result of a deliberate decision to keep the court in the dark about the scope and extent of the foreign collection efforts that would flow from the court’s issuance of a warrant.”

Under Canada’s current legislation, the Federal Court has no authority to issue warrants that involve surveillance of Canadians by foreign intelligence agencies, he added.

The actions of CSIS and CSEC put the Canadian citizens abroad at risk as they “may be detained or otherwise harmed as a result of the use of the intercepted communications by the foreign agencies,” Mosley wrote.

“Given the unfortunate history of information sharing with foreign agencies over the past decade and the reviews conducted by several royal commissions, there can be no question that the Canadian agencies are aware of those hazards,” the document said. “It appears to me that they are using the warrants as authorization to assume those risks.”

Mosley demanded explanations from the security agencies after an annual report by CSEC commissioner, Robert Decary, this August.

The judge became suspicious after Decary suggested that CSIS should provide the Federal Court with “certain additional evidence about the nature and extent” of the help, it received from his agency.

The results of the Federal Court’s inquiry into the matter were made public on Friday.

By misleading him, the CSIS and CSEC have been in “breach of the duty of candor,” which resulted in misstatements on the public record about the scope of the authority granted to the service,” Mosley wrote.

Mosley, who used to be a former assistant deputy minister in the Justice Department, was intimately involved in the creation of the 2001 Anti-terrorism Act, which the CSIS and CSEC violated.

December 22, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , | Leave a comment

No Canadian NSA connection, but very own data snooping program

RT | June 11, 2013

Canada does not use the US NSA’s top secret surveillance PRISM program, officials revealed. Instead, it has a spying platform of its own that it claims manages to distinguish between domestic and international telephone and internet data collected.

The Communication Security Establishment (CSE) spokesman separated the National Security Agency and the Canadian surveillance program.

“The Communications Security Establishment does not have access to data in PRISM”, Ryan Foreman told Reuters, confirming that the “CSE uses metadata to isolate and identify foreign communications,” as CSEC is prohibited by law from directing its activities at Canadians.

Officials admitted that CSEC “incidentally” intercepts Canadian communications, but removes such data after it is obtained, according to the Globe and Mail.

Secret spying programs have come under scrutiny this week as whistleblower and former technical assistant for the CIA Edward Snowden leaked information about the NSA’s PRISM project, describing it as a massive data mining surveillance program which gave the agency backdoor access to emails, videos, chats, photos and search queries from nine worldwide tech giants, including Google and Facebook.

A secret electronic spying program was approved in 2011 by Canada’s Defense Minister Peter MacKay. It searches through international and domestic telephone records and internet data for suspicious activity, Canada’s newspaper Globe and Mail revealed.

Despite the reports, the government’s metadata surveillance program remains a mystery with little information available publicly. The records obtained from the Access to Information requests by the Globe had many pages blacked out, citing national security.

The program was first passed in a secret decree signed in 2005 by Bill Graham, the defense minister at the time then put on hold in 2008 for more than a year due to privacy concerns. On November 21, 2011, it was once again renewed, along with other top-secret espionage programs. And currently it is headed by the Communications Security Establishment Canada (CSEC), part of the Department of National Defense.

It is still not known how the data is being collected. Mining metadata can reveal who knows who and help the authorities to map out social networks and even terrorist cells.

“Metadata is information associated with a telecommunication … And not a communication,” according to a PowerPoint briefing sent to MacKay in 2011.

The Canadian surveillance program has been authorized by ministerial decrees, bypassing the parliament, and is under the sole oversight of the Office of the CSE Commissioner.

Opposition MPs have questioned MacKay about the surveillance reports, to which he replied that Canada’s surveillance initiative “is specifically prohibited from looking at the information of Canadians” and that “this program is very much directed at activities outside the country, foreign threats, in fact. There is rigorous oversight, there is legislation in place that specifically dictates what can and cannot be examined.”

Canada’s privacy commissioner admitted a lack of clarity on the subject.

“When it comes to the metadata program, we know very little specific information at this point – but we want to find out more”, Scott Hutchinson, of the Office of the Privacy Commissioner of Canada, told the Globe and Mail.

The Canadian program was criticized 2008 by a retired Supreme Court judge Charles Gonthier, who questioned whether CSEC could be passing any data collected to other partner agencies such as Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Service (CSIS).

Gonthier’s biggest fear was that the data collection would lead to unlawful surveillance.

June 11, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , , , , , | Leave a comment