OpenMedia is a community-based organization that safeguards the possibilities of the open Internet. Standing Committee on National Security February 8, 2018 11:00 a.m. Wellington Block Laura Tribe, OpenMedia Good morning. I am the Executive Director of OpenMedia, a community-based organization committed to keeping the Internet open, affordable, and surveillance-free. I am here with Tim McSorley of the International Civil Liberties Monitoring Group, who were unfortunately not invited by the Committee to testify in these proceedings, but whose contributions we believe to be critical for an informed discussion of Bill C-59. OpenMedia’s work on privacy and digital security dates back to Bills C-13 and C-30, but more recently focused on the serious security violations introduced in the previous government’s Bill C-51. The OpenMedia community’s lengthy efforts on these issues include: ● Producing Canada’s Privacy Plan, a positive vision for the future of privacy in Canada crowdsourced from over 125,000 contributors; ● Over 300,000 people speaking up against Bill C-51; ● 2 national days of action against Bill C-51, in partnership with organizations across the country. ● Over 15,000 citizen comments in the government’s National Security Consultation; and ● Over 6,000 submissions to this Committee’s written consultation; Public Safety Canada’s report summarizing the national security consultation results showed that Canadians are overwhelmingly in favour of increased protections for personal privacy. More than 4 in 5 responses indicated that their expectation of privacy in the digital world is the same as, or higher, than in the physical world. So when Bill C-59 was introduced, we were relieved – a sign change was coming. But the more that the Bill was analyzed, the more our worries returned. The changes are less substantive than we had hoped. And invasive new powers were even introduced. Bill C-59 fails to adequately address the information disclosure provisions, and terrorist speech offenses brought in by Bill C-51 – but also brings in new data collection, cybersecurity and information sharing powers which further threaten our privacy and security. But today, this committee has the chance to make this right. Over 6,000 Canadians submitted their concerns with C-59 via OpenMedia’s written submission to this consultation. OpenMedia Engagement Network P.O. Box 21674, 1424 Commercial Dr, Vancouver, BC, Canada V5L 5G3 // 1-844-891-5136 1 OpenMedia is a community-based organization that safeguards the possibilities of the open Internet. But in the past two weeks, we’ve had almost 10,000 more Canadians sign a new petition, concerning the expanded cyber operations powers in the CSE Act of C-59, which I shall read now: To: The Standing Committee on Public Safety and National Security As a concerned Canadian, I am urging you to address the dangerous new powers being proposed for CSE in Bill C-59. Throughout the process of reforming Bill C-51, Canadians have been very clear on the need to scale back the drastic and invasive national security measures in the bill. Public Safety Canada’s own “What We Learned” report, which formed the basis of Bill C59, confirmed that the majority of stakeholders and experts called for existing measures to be scaled back or repealed completely, and that most participants in the consultations “opted to err on the side of protecting individual rights and freedoms rather than granting additional powers to national security agencies and law enforcement.” The new active and defensive cyber operations powers proposed in Bill C-59 for CSE are directly opposed to the wishes of the majority of Canadians. We asked for privacy, but instead we’ve got an out of control spy agency with even more extreme powers than before. Security and privacy experts throughout Canada have expressed in great detail the issues with the proposed bill, and the changes that need to be made to protect the privacy and security of Canadians. Experts have warned of the consequences of granting powers like these, powers that would be all the more dangerous given the lack of oversight included in the bill. I would like to point you to the “Analysis of the Communications Security Establishment Act and Related Provisions in Bill C-59” report by The Citizen Lab and the Canadian Internet Policy and Public Interest Clinic (CIPPIC). The recommendations laid out in this report should be adopted by the SECU committee. In a world, and time, where digital technologies are being used by so many to threaten our digital safety, we need our government to be helping make the world better – not actively undermining our security. Signed, 9,633 Canadians. On behalf of these signatories, plus the over 300,000 concerned with Bill C-51, and the other concerned civil society groups who have been unable to join these proceedings themselves, we respectfully ask you make things right. OpenMedia Engagement Network P.O. Box 21674, 1424 Commercial Dr, Vancouver, BC, Canada V5L 5G3 // 1-844-891-5136 2 OpenMedia is a community-based organization that safeguards the possibilities of the open Internet. We are asking you – our elected representatives – to stand up for our privacy, and continue the work of repealing Bill C-51. Digital security is critical to Canada’s infrastructure, economy, and future. Please do not compromise this in the name of fear, or following other countries’ bad practices to lead us in a race to the bottom. We need you to be stronger than that. Thank you. OpenMedia Engagement Network P.O. Box 21674, 1424 Commercial Dr, Vancouver, BC, Canada V5L 5G3 // 1-844-891-5136 3