LAW PRIVACY AND SURVEILLANCE IN CANADA

by Michael Geist (Editor)

Overview

Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions.

With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

Product Details

ISBN-13:	9780776622071
Publisher:	University of Ottawa Press
Publication date:	05/28/2015
Pages:	298
Product dimensions:	5.90(w) x 8.90(h) x 0.80(d)

About the Author

Michael Geistis Professor of Law at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. Professor Geist is a frequent commentator on privacy and intellectual property law issues and a syndicated columnist on technology law issues with a regular column appearing in the Toronto Star. He is the editor of The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (University of Ottawa Press, 2013), as well as From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (Irwin Law, 2010) and In the Public Interest: The Future of Canadian Copyright Law (Irwin Law, 2005). Professor Geist has won numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Intellectual Freedom Award from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, and Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada in 2003.

Table of Contents

Acknowledgements vii

Introduction 1

Part I Understanding Surveillance

I Canadian Internet "Boomerang" Traffic and Mass NSA Surveillance: Responding to Privacy and Network Sovereignty Challenges Andrew Clement Jonathan A. Obar 13

II Forgotten Surveillance: Covert Human Intelligence Sources in Canada in a Post-9/11 World Steve Hewitt 45

Part II Legal Issues

III Foreign Intelligence in an Inter-Networked World: Time for a Re-Evaluation Tamir Israel 71

IV Lawful Illegality: What Snowden Has Taught Us about the Legal Infrastructure of the Surveillance State Lisa M. Austin 103

V Law, Logarithms, and Liberties: Legal Issues Arising from CSE's Metadata Collection Initiatives Craig Forcese 127

Part III Reforms and Accountability

VI Permanent Accountability Gaps and Partial Remedies Kent Roach 163

VII The Failure of Official Accountability and the Rise of Guerrilla Accountability Reg Whitaker 205

VIII Why Watching the Watchers Isn't Enough: Canadian Surveillance Law in the Post-Snowden Era Michael Geist 225

IX Stuck on the Agenda: Drawing Lessons from the Stagnation of "Lawful Access" Legislation in Canada Christopher Parsons 257

About the Contributors 285