The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.
The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.
For full contact information and a brief bio, please see David's profile.
The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.
This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.
Tuesday, May 15, 2007
Update: The video of the full show is available online: http://www.pbs.org/wgbh/pages/frontline/homefront/view/.
Check out tonight's Frontline on PBS:
FRONTLINE: coming soon: spying on the home front PBS
Spying on the Home Front coming May. 15, 2007 at 9pm (check local listings)
(60 minutes) FRONTLINE addresses an issue of major consequence for all Americans: Is the Bush administration's domestic war on terrorism jeopardizing our civil liberties? Reporter Hedrick Smith presents new material on how the National Security Agency's domestic surveillance program works and examines clashing viewpoints on whether the president has violated the Foreign Intelligence Surveillance Act (FISA) and infringed on constitutional protections. In another dramatic story, the program shows how the FBI vacuumed up records on 250,000 ordinary Americans who chose Las Vegas as the destination for their Christmas-New Year's holiday, and the subsequent revelation that the FBI has misused National Security Letters to gather information. Probing such projects as Total Information Awareness, and its little known successors, Smith discloses that even former government intelligence officials now worry that the combination of new security threats, advances in communications technologies, and radical interpretations of presidential authority may be threatening the privacy of Americans. (read the press release)
"So many people in America think this does not affect them. They've been convinced that these programs are only targeted at suspected terrorists. ... I think that's wrong. ... Our programs are not perfect, and it is inevitable that totally innocent Americans are going to be affected by these programs," former CIA senior attorney Suzanne Spaulding tells FRONTLINE correspondent Hedrick Smith in Spying on the Home Front, airing Tuesday, May 15, 2007, at 9 P.M. ET on PBS (check local listings) and available for viewing after broadcast at www.pbs.org/frontline.
9/11 has indelibly altered America in ways that people are now starting to earnestly question: not only perpetual orange alerts, barricades and body frisks at the airport, but greater government scrutiny of people's records and electronic surveillance of their communications. The watershed, officials tell FRONTLINE, was the government's shift after 9/11 to a strategy of pre-emption at home--not just prosecuting terrorists for breaking the law, but trying to find and stop them before they strike.
President Bush described his anti-terrorist measures as narrow and targeted, but a FRONTLINE investigation has found that the National Security Agency (NSA) has engaged in wiretapping and sifting Internet communications of millions of Americans: The FBI conducted a data sweep on 250,000 Las Vegas vacationers, and along with more than 50 other agencies, they are mining commercial-sector data banks to an unprecedented degree, and they have even been assigning suspicion ratings to anyone who travels across a U.S. border.
Even government officials with experience since 9/11 are nagged by anxiety about the jeopardy that a war without end against unseen terrorists poses to our way of life, our personal freedoms. "I always said, when I was in my position running counterterrorism operations for the FBI, `How much security do you want, and how many rights do you want to give up?'" Larry Mefford, former assistant FBI director, tells correspondent Smith. "I can give you more security, but I've got to take away some rights. ... Personally, I want to live in a country where you have a common-sense, fair balance, because I'm worried about people that are untrained, unsupervised, doing things with good intentions but, at the end of the day, harm our liberties."
Although the president told the nation that his NSA eavesdropping program was limited to known Al Qaeda agents or supporters abroad making calls into the U.S., comments of other administration officials and intelligence veterans indicate that the NSA cast its net far more widely. AT&T technician Mark Klein inadvertently discovered that the whole flow of Internet traffic in several AT&T operations centers was being regularly diverted to the NSA, a charge indirectly substantiated by John Yoo, the Justice Department lawyer who wrote the official legal memos legitimizing the president's warrantless wiretapping program. Yoo told FRONTLINE: "The government needs to have access to international communications so that it can try to find communications that are coming into the country where Al Qaeda's trying to send messages to cell members in the country. In order to do that, it does have to have access to communication networks."
Spying on the Home Front also looks at a massive FBI data sweep in December 2003. On a tip that Al Qaeda "might have an interest in Las Vegas" around New Year's 2004, the FBI demanded records from all hotels, airlines, rental car agencies, casinos and other businesses on every person who visited Las Vegas in the run-up to the holiday. Stephen Sprouse and Kristin Douglas of Kansas City, Missouri, object to being caught in the FBI dragnet in Las Vegas just because they happened to get married there at the wrong moment. Says Douglas, "I'm sure that the government does a lot of things that I don't know about, and I've always been OK with that--until I found out that I was included."
A check of all 250,000 Las Vegas visitors against terrorist watch lists turned up no known terrorist suspects or associates of suspects. The FBI told FRONTLINE that the records had been kept for more than two years, but have now all been destroyed.
"To simply say, you know, `as a matter of national security we need to know the name of every single person checking into your hotel at any given moment,'" says Alan Feldman, vice president of MGM Mirage, "that seems extremely unusual and, I think, extremely troubling."
In the broad reach of NSA eavesdropping, the massive FBI data sweep in Las Vegas, access to records gathered by private database companies that allows government agencies to avoid the limitations provided by the Privacy Act, and nearly 200 other government data-mining programs identified by the Government Accounting Office, experienced national security officials and government attorneys see a troubling and potentially dangerous collision between the strategy of pre-emption and the Fourth Amendment's protections against unreasonable search and seizure.
Peter Swire, a law professor and former White House privacy adviser to President Clinton, tells FRONTLINE that since 9/11 the government has been moving away from the traditional legal standard of investigations based on individual suspicion to generalized suspicion. The new standard, Swire says, is: "Check everybody. Everybody is a suspect."
Spying on the Home Front is a FRONTLINE co-production with Hedrick Smith Productions, Inc. Hedrick Smith is correspondent and senior producer. The program is produced and directed by Rick Young. FRONTLINE is produced by WGBH Boston and is broadcast nationwide on PBS. Funding for FRONTLINE is provided through the support of PBS viewers. Additional funding for FRONTLINE is provided by The Park Foundation. Additional funding for Spying on the Home Front is provided by The JEHT Foundation. FRONTLINE is closed-captioned for deaf and hard-of-hearing viewers and described for people who are blind or visually impaired by the Media Access Group at WGBH. FRONTLINE is a registered trademark of WGBH Educational Foundation. The FRONTLINE executive producer for special projects for is Michael Sullivan. The executive producer for FRONTLINE is David Fanning.
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