The prime minister’s national security advisor says that he’s not “not entirely convinced” that Canada’s electronic spy agency tapped into airport Wi-Fi to track the electronic devices of Canadian travellers, but the metadata the agency does collect is “within the legal parameters” of the agency’s mandate.
Stephen Rigby, National Security Advisor to Prime Minister Stephen Harper, made the comments during an appearance Monday afternoon before the Senate’s National Security and Defence Committee.
After he delivered an opening statement, Rigby was asked about recent reports that the country’s electronic spy agency, the Communications Security Establishment Canada (CSEC), was using airport Wi-Fi to track air travellers’ electronic devices.
Sen. Daniel Lang asked who would authorize CSEC to monitor airport data and if he would ever question the source of intelligence.
Rigby answered that CSEC operates under the “legislative authorities” given to it by Parliament, and those authorities are amended from “time to time” by the minister of national defence.
Of the report, Rigby said he is “not totally persuaded that CSIS has tapped into airport Wi-Fi.” He later corrected himself to clarify that he was referring to CSEC.
“I think that the document that has been released clearly indicates that there has been collection of metadata, that is a well-known fact. The collection of metadata by CSEC has been reviewed constantly over the years by the CSEC commissioner, it’s been deemed to be legal and appropriate, it does not represent a compromise of private communications by Canadians. It’s data about data and so it is well within the legal parameters of CSEC’s operations.”
CSEC’s mandate is to gather intelligence on foreign targets.
Rigby says that because he himself is not a part of a specific oversight or review mechanism, he does not question the sources of particular data. However, he is obligated to co-ordinate activities within the intelligence community and ensure there operations “broad brush” are appropriate.
Rigby also said CSEC puts “action plans” in place to respond to any concerns raised by the CSEC commissioner or the minister of national defence.
After Rigby’s appearance, both the director of the Canadian Security Intelligence Service (CSIS), Michel Coulombe, and CSEC chief John Forster addressed the committee and answered questions.
The document, uncovered by U.S. whistleblower Edward Snowden and first reported on by the CBC, suggested that in May 2012, data was collected from travellers at “a major Canadian airport.” The document does not specify which airport, but says CSEC could track travellers’ electronic devices for several days after they left the airport, including when they used Wi-Fi at other locations in the United States and Canada.
Last week, the agency issued a statement saying it collected only metadata that identified travellers’ wireless devices, and did not gather information about the content of emails or calls the devices sent or received.
Forster told the committee that the document in question referred to CSEC’s collection of metadata that was to help the agency build a model of a typical communication pattern around a public space, such as an airport.
The metadata serves two purposes, Forster said. First, to help understand how global networks function in order to find a legitimate target in a “sea of communication.” And secondly, to ensure that intelligence-gathering activities are directed only at foreign targets.
“So this exercise involved a snapshot of historical metadata collected from the global internet,” Forster said. “No data was collected through any monitoring of the operations of any airport. It’s part of our normal global collection. So this was not an operation surveillance program.”
“We were not targeting or trying to find anyone or monitoring individuals’ movements in real time,” he added.
During his opening statement to the committee, Forster said that during the agency’s foreign intelligence and cyber protection activities, “CSEC does not target Canadians, either at home or abroad, nor do we target anyone in Canada.”
He noted, however, that CSEC can, at times, be asked to assist other agencies, such as CSIS or the RCMP, with the collection of Canadians’ communications data. During these activities, he said, “CSEC is specifically required to protect the privacy of Canadians in the execution of its duties.”
Forster also noted that the law requires that CSEC first obtain authorization from the Defence Minister “for those activities that may risk the incidental interception of private communication.”
Under no circumstance, Forster said, “can the minister of defence authorize CSEC to direct its intelligence activities toward Canadians.”
Opposition wants new committee
Earlier Monday, Defence Minister Rob Nicholson faced more questions about the airport surveillance report during question period in the House of Commons.
The opposition accused Nicholson of failing to answer directly last week whether CSEC was spying on Canadians.
Deputy NDP Leader Megan Leslie asked Monday: “Has CSEC collected information on Canadians in our airports? Did it do so, yes or no?”
Nicholson responded by reading from a statement issued late last week by CSEC’s commissioner, who said the agency’s previous activities have been found to be in compliance with the law.
NDP MP Jack Harris accused Nicholson of evading the question.
“On Friday and again today, the minister refused to say whether CSEC had been conducting domestic operations,” Harris said. “Canadians are worried that their government is spying on them. Will the minister now tell us whether the CSEC has been collecting information on Canadians at our airports, yes or no?”
Nicholson pointed out that CSEC has an independent commissioner to ensure its activities are appropriate.
Liberal MP Marc Garneau said in question period that “someone needs to monitor the monitoring agency, clearly that’s not what’s happening.”
His party will use an opposition day Tuesday to put forward a motion calling for a parliamentary committee to oversee CSEC’s operations. “When will the minister take action,” Garneau asked.
“CSEC’s foreign intelligence mandate specifically dictates that their activities be directed at foreign entities, not at Canadians or anyone in this country,” Nicholson said. “They’re in the business of protecting Canadians and that should have the support of the Liberal Party.”
