McGill

Thousands of people lined up on the McGill campus Wednesday night waiting hours for a chance to be part of a videoconference with Edward Snowden.

(No, not the guy from Wikileaks, that’s Julien Assange and the only thing they have in common is an outstanding warrant against them for leaking information that the American government wanted kept secret. Snowden revealed that the government agency he worked for, the NSA, was spying on ordinary people on a scale that is neither legitimate nor legal. Basically, he proved that the US and many other countries, including Canada, engaged in mass surveillance. This means the government collects things like your phone records, your videos, your internet data, regardless of whether you are suspected of criminal activity or not.)

You might have missed the videoconference because you were among the thousands of understandably irritated fans left outside after both auditoriums were filled. Maybe you decided to go home after almost getting trampled for the third time in the line-up. Maybe you stayed home to watch the Cubs win.

We can’t recreate for you the distinct Rock Show feel of the overexcited line of people randomly cheering and periodically lurching forward in a panic to get inside, nor the barely concealed distress of the moderator as the video entirely cut off after random people started joining the video call.

The event did not run smoothly by any stretch of the imagination. Less than half of the people who lined up got inside the building. The conference was more than an hour late and the organizers managed to make the Google hangout public, which let to technical difficulties of frankly comedic proportions.

The fact that AMUSE/PSAC, the association representing 1000 members of support staff (most of them also students) at McGill was on strike and picketing arguably didn’t help matters. They became the prime target of the people’s frustration.

However, Edward Snowden himself came to their defense. He encouraged the people present to “hear them out” and reminded the audience of how hard being a dissident could be.

Mishaps aside, the conference happened and Snowden managed to say a lot of interesting things during it. Here are a few of them.

“Surveillance technologies have outpaced democratic control.”

Mass surveillance was a lesser problem when it wasn’t so easy. Not so long ago, it took a whole team to track one person’s activity. Now it’s the opposite. One lone government official can easily track the activities of many people.

The safeguards against the abuse of this power have not developed as quickly. This means that Intelligence agencies have less accountability than ever, while their powers keep growing thanks to evolving technologies.

“This inverts the traditional dynamic of private citizens and public officials into this brave new world of private officials and public citizens.”

This, Snowden says, is perfectly illustrated by the recent revelations about the SPVM spying on Patrick Lagacé. It was revealed earlier this week that the SPVM and the SQ have put the La Presse reporter and at least six other journalists under surveillance in an effort to discover their confidential sources. Snowden called it a “radical attack on the operations of a free press” and “a threat to the traditional model of our democracy.”

But the actions were authorized by the court. For Snowden, this is a sign that the “law is beginning to fail as a guarantor of our rights.”

Intelligence officials have overtly admitted that they would interpret the word of the law as loosely as they could to fit their interests, regardless of the actual intent of the law. In practice, this translates to using anti-terrorist measures to spy on environmental activists or getting access to a journalist’s internet data through a bill meant to fight cyber-bullying.

 “How do we ensure that we can trust intelligence agencies and officials to operate the law fairly? The answer is we can’t.”

We can’t trust intelligence officials to respect the spirit of the law; in fact, we can’t even trust them to respect the law itself, argued Snowden. Intelligence gathering programs have broken the law more than once, he reminded, often without consequences.

“What we can do,” he continued, “is put processes in place to ensure that we don’t have to.” He believes the key of these processes is an independent judicial authority able to oversee intelligence gathering operations and prosecute them when needed.

“Canada actually has the weakest intelligence oversight out of any major western country.”

“Now they’re not the most aggressive,” he conceded, “they don’t have the largest scale, but…. no one is really watching.”

The powers of the Canadian Security Intelligence Agency (CSIS) have drastically increased in the last 15 years.  Law C-51, in particular, allows them to decide under any motive – however far-fetched – who constitutes a threat to national security and can thus be spied on. “The current Prime Minister did campaign to reform [C-51] and has failed to do so,” reminded Snowden.

The resources to oversee the CSIS, meanwhile, have decreased. The office of the Inspector General, which used to be a major part of it, was simply cut by Stephen Harper. This left the Security Intelligence Review Committee (SIRC) as the sole entity reporting to parliament on intelligence agencies. Its members are politically appointed.

CSIS is not the only intelligence gathering agency. The Canadian Border Security Agency, Global Affairs Canada and the National Defense Department all have the power to infringe on the rights of people, including the right to privacy, in certain circumstances and there is no credible authority overseeing them.

Retired Deputy Director of Foreign Intelligence Kurt Jensen pleaded for changing this situation in an article published last January. “Remember the old adage of who will watch the watchers? In Canada the answer is no one,” he wrote.

Since then, the government has started a process to review the oversight of intelligence gathering operations. Public hearings about the matter have started in September. Incidentally, this week, a judge ruled that the CSIS has been unwittingly conducting illegal mass surveillance since 2006.

The conference ended on an inspirational note, with Snowden addressing the students:

“We can have a very dark future or a very bright future but the ultimate determination of which fork in the road we take won’t be my decision, it won’t be the government decision, it will be your generation’s decision.”