Law, Privacy and Surveillance in Canada in the Post-Snowden Era


Book Description

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.




Surveillance After Snowden


Book Description

In 2013, Edward Snowden revealed that the NSA and its partners had been engaging in warrantless mass surveillance, using the internet and cellphone data, and driven by fear of terrorism under the sign of ’security’. In this compelling account, surveillance expert David Lyon guides the reader through Snowden’s ongoing disclosures: the technological shifts involved, the steady rise of invisible monitoring of innocent citizens, the collusion of government agencies and for-profit companies and the implications for how we conceive of privacy in a democratic society infused by the lure of big data. Lyon discusses the distinct global reactions to Snowden and shows why some basic issues must be faced: how we frame surveillance, and the place of the human in a digital world. Surveillance after Snowden is crucial reading for anyone interested in politics, technology and society.




The Copyright Pentalogy


Book Description

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.




The NSA Report


Book Description

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.




American Privacy


Book Description

A page-turning narrative of privacy and the evolution of communication, from broken sealing wax to high-tech wiretapping




Permanent Record


Book Description

NEW YORK TIMES BESTSELLER Edward Snowden, the man who risked everything to expose the US government’s system of mass surveillance, reveals for the first time the story of his life, including how he helped to build that system and what motivated him to try to bring it down. In 2013, twenty-nine-year-old Edward Snowden shocked the world when he broke with the American intelligence establishment and revealed that the United States government was secretly pursuing the means to collect every single phone call, text message, and email. The result would be an unprecedented system of mass surveillance with the ability to pry into the private lives of every person on earth. Six years later, Snowden reveals for the very first time how he helped to build this system and why he was moved to expose it. Spanning the bucolic Beltway suburbs of his childhood and the clandestine CIA and NSA postings of his adulthood, Permanent Record is the extraordinary account of a bright young man who grew up online—a man who became a spy, a whistleblower, and, in exile, the Internet’s conscience. Written with wit, grace, passion, and an unflinching candor, Permanent Record is a crucial memoir of our digital age and destined to be a classic.




Sexual Assault in Canada


Book Description

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.




Dark Mirror


Book Description

From the three-time Pulitzer Prize-winning author of the New York Times bestseller Angler, who unearthed the deepest secrets of Edward Snowden's NSA archive, the first master narrative of the surveillance state that emerged after 9/11 and why it matters, based on scores of hours of conversation with Snowden and groundbreaking reportage in Washington, London, Moscow and Silicon Valley Edward Snowden chose three journalists to tell the stories in his Top Secret trove of NSA documents: Barton Gellman of The Washington Post, Glenn Greenwald of The Guardian and filmmaker Laura Poitras, all of whom would share the Pulitzer Prize for Public Service. Poitras went on to direct the Oscar-winning Citizen Four. Greenwald wrote an instant memoir and cast himself as a pugilist on Snowden's behalf. Barton Gellman took his own path. Snowden and his documents were the beginning, not the end, of a story he had prepared his whole life to tell. More than 20 years as a top investigative journalist armed him with deep sources in national security and high technology. New sources reached out from government and industry, making contact on the same kinds of secret, anonymous channels that Snowden used. Gellman's old reporting notes unlocked new puzzles in the NSA archive. Long days and evenings with Snowden in Moscow revealed a complex character who fit none of the stock images imposed on him by others. Gellman now brings his unique access and storytelling gifts to a true-life spy tale that touches us all. Snowden captured the public imagination but left millions of people unsure what to think. Who is the man, really? How did he beat the world's most advanced surveillance agency at its own game? Is government and corporate spying as bad as he says? Dark Mirror is the master narrative we have waited for, told with authority and an inside view of extraordinary events. Within it is a personal account of the obstacles facing the author, beginning with Gellman's discovery of his own name in the NSA document trove. Google notifies him that a foreign government is trying to compromise his account. A trusted technical adviser finds anomalies on his laptop. Sophisticated impostors approach Gellman with counterfeit documents, attempting to divert or discredit his work. Throughout Dark Mirror, the author describes an escalating battle against unknown digital adversaries, forcing him to mimic their tradecraft in self-defense. Written in the vivid scenes and insights that marked Gellman's bestselling Angler, Dark Mirror is an inside account of the surveillance-industrial revolution and its discontents, fighting back against state and corporate intrusions into our most private spheres. Along the way it tells the story of a government leak unrivaled in drama since All the President's Men.




The Culture of Surveillance


Book Description

From 9/11 to the Snowden leaks, stories about surveillance increasingly dominate the headlines. But surveillance is not only 'done to us' – it is something we do in everyday life. We submit to surveillance, believing we have nothing to hide. Or we try to protect our privacy or negotiate the terms under which others have access to our data. At the same time, we participate in surveillance in order to supervise children, monitor other road users, and safeguard our property. Social media allow us to keep tabs on others, as well as on ourselves. This is the culture of surveillance. This important book explores the imaginaries and practices of everyday surveillance. Its main focus is not high-tech, organized surveillance operations but our varied, mundane experiences of surveillance that range from the casual and careless to the focused and intentional. It insists that it is time to stop using Orwellian metaphors and find ones suited to twenty-first-century surveillance — from 'The Circle' or 'Black Mirror.' Surveillance culture, David Lyon argues, is not detached from the surveillance state, society and economy. It is informed by them. He reveals how the culture of surveillance may help to domesticate and naturalize surveillance of unwelcome kinds, and considers which kinds of surveillance might be fostered for the common good and human flourishing.




The Watchers


Book Description

Using exclusive access to key insiders, Shane Harris charts the rise of America's surveillance state over the past twenty-five years and highlights a dangerous paradox: Our government's strategy has made it harder to catch terrorists and easier to spy on the rest of us. Our surveillance state was born in the brain of Admiral John Poindexter in 1983. Poindexter, Reagan's National Security Advisor, realized that the United States might have prevented the terrorist massacre of 241 Marines in Beirut if only intelligence agencies had been able to analyze in real time data they had on the attackers. Poindexter poured government know-how and funds into his dream-a system that would sift reams of data for signs of terrorist activity. Decades later, that elusive dream still captivates Washington. After the 2001 attacks, Poindexter returned to government with a controversial program, called Total Information Awareness, to detect the next attack. Today it is a secretly funded operation that can gather personal information on every American and millions of others worldwide. But Poindexter's dream has also become America's nightmare. Despite billions of dollars spent on this digital quest since the Reagan era, we still can't discern future threats in the vast data cloud that surrounds us all. But the government can now spy on its citizens with an ease that was impossible-and illegal-just a few years ago. Drawing on unprecedented access to the people who pioneered this high-tech spycraft, Harris shows how it has shifted from the province of right- wing technocrats to a cornerstone of the Obama administration's war on terror. Harris puts us behind the scenes and in front of the screens where twenty-first-century spycraft was born. We witness Poindexter quietly working from the private sector to get government to buy in to his programs in the early nineties. We see an army major agonize as he carries out an order to delete the vast database he's gathered on possible terror cells-and on thousands of innocent Americans-months before 9/11. We follow General Mike Hayden as he persuades the Bush administration to secretly monitor Americans based on a flawed interpretation of the law. After Congress publicly bans the Total Information Awareness program in 2003, we watch as it is covertly shifted to a "black op," which protects it from public scrutiny. When the next crisis comes, our government will inevitably crack down on civil liberties, but it will be no better able to identify new dangers. This is the outcome of a dream first hatched almost three decades ago, and The Watchers is an engrossing, unnerving wake-up call.