Annex A: Terms of Reference
Special Report on the Lawful Access to Communications by Security and Intelligence Organizations

Previous
Table of Contents
Next

Review

Framework review of the lawful interception of communications by security and intelligence organizations pursuant to s. 8(1)(a) of the National Security and Intelligence Committee of Parliamentarians Act.

Overview

According to DoJ, lawful access consists of the legally authorized interception of communications and collection of information and data by intelligence and law enforcement organizations in the conduct of investigations. Intelligence and law enforcement agencies already have significant lawful access capabilities and authorities, but maintaining this lawful access in an environment of rapidly changing technology constitutes a significant challenge.

According to numerous open sources, the national security and intelligence community faces mounting challenges to their ability to intercept communications or access the content of those communications, even where the lawful authority to do so exists. This issue is commonly referred to as “going dark” by law enforcement, security and intelligence organizations, and results from the increasing prevalence and sophistication of end-to-end or strong encryption, as well as other technological changes that render existing intercept solutions unworkable.

At the same time, civil rights and security advocacy groups question government efforts to modernize authorities in this area, arguing that such modernization would violate the privacy rights of Canadians, or could compromise the security of online data.

Objectives

As noted in the letter sent to the Ministers of Justice, National Defence and Public Safety, the review will examine the legislative, regulatory, policy and financial framework for the lawful interception of communications by security and intelligence organizations, the challenges of new and emerging technologies, including the use of end-to-end encryption, and any limitations of the current framework.

The objectives of the review are to examine:

  • The current state of lawful access, including the challenges identified by the national security and intelligence community;
  • Concerns and criticisms raised by civil society and privacy experts with respect to modernizing authorities in this area;
  • The technological challenges relating to the lawful interception of communications, including end-to-end encryption and access to communication networks in real-time;
  • The extent to which the security and intelligence community has mitigated the challenges of “going dark” through technology, policy and cooperation with communication service providers; and
  • The extent to which gaps remain to address the impact of new and emerging technologies on the lawful interception of communications.

This review will include, but may not be limited to, the Canadian Security Intelligence Service, the Communications Security Establishment, the Department of Public Safety and Emergency Preparedness, the Royal Canadian Mounted Police, and the Department of Justice.

Appearances

Following the provision of preliminary documentation, the Committee will hold appearances, the content of which will be determined by the results of the Committee’s preliminary review of material provided.

Timeline

The Secretariat and the Committee will identify deadlines for each stage of the review.

Previous
Table of Contents
Next