By: David Allsebrook

David Allsebrook — Sat, 07 Nov 2009 05:23:24 +0000

Have a look at sections 273.1 through 273.8 of the National Defense Act. Among other things, it establishes the Canadian Security Establishment, and the Minister of Defense's power to order it to sweep the "global information infrastructure" for "foreign intelligence". CSE cannot listen to people in Canada, but in practice if they want to know what is going on here, CSE asks the Americans or the Brits, and vice versa. This pooling arrangement includes Australia,Japan and South Korea, and has been in place under the name "Echelon" since 1947.
The Minister may also authorize his IT people "to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain." 273.8(1)
There is more in the Act, from search and seizure powers on military bases to legalized hacking.

By: Melanie Bueckert

Melanie Bueckert — Fri, 06 Nov 2009 15:54:15 +0000

In the criminal law sphere, the best resource I know of on this subject is the looseleaf by Robert W Hubbard, Peter M. Brauti, Scott K. Fenton on Wiretapping and Other Electronic Surveillance: Law and Procedure (Aurora: Canada Law Book, 2009). I believe it was first published in 2000.

By: Peg Duncan

Peg Duncan — Fri, 06 Nov 2009 12:31:07 +0000

I wonder if Michael Geist might know?

Comments on: Wanted: A Synopsis of Canadian Cybersecurity Laws

By: David Allsebrook

By: Melanie Bueckert

By: Peg Duncan