Digital surveillance Bill C-22 threatens to drive tech firms out of Canada

Canadian flag over Parliament Hill
Growing number of tech leaders, privacy experts expressing concern over “lawful access” legislation.

Backlash is mounting to Bill C-22, the proposed Canadian legislation that would give law enforcement more power to surveil personal communications and data.

The news: Last year, Bill C-2, the Strong Borders Act, was split into two pieces of legislation after pushback over its proposed sweeping surveillance powers. Now, Bill C-22, the part of that legislation that would give law enforcement backdoor access to data and expand how long companies store user metadata, is on the table—and tech leaders are not happy. 

Apple and Meta have urged the government to amend the bill, while some companies like Signal and NordVPN have said if the bill passes, they’ll leave the country altogether. More than a dozen civil liberties groups have signed an open letter calling on the bill to be withdrawn, and this week US legislators wrote to Ottawa to express concerns. 

From the source: “A breach is inevitable, and it will make the Elections Alberta data breach look like an autocorrect mistake.” Political commentator Erica Ifill argued in the Hill Times today that the more personal information stored, and the more people who have access to that information, the greater the risk.

Following the thread: Canada’s public safety minister has said tech companies are “misinterpreting” the intent of the bill, while the portfolio’s deputy minister said the government will consider changes to make the intent of the legislation clearer. There does seem to be a disconnect between intent and outcome—take the public backlash to posts from Public Safety Canada that seemingly downplay what information the bill would grant access to.

Final thought: The bill has passed its first two readings in the House of Commons and is now before the House’s public safety and national security committee for consideration. At committee, police have suggested C-22 should go even further in terms of how long it requires companies to hold onto data. If it proceeds as written, expect to see privacy-focused tech companies weigh whether it’s more worthwhile to comply or leave Canada entirely.

Feature image courtesy Unsplash. Photo by Jason Hafso.

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