Late last month, Global News published a story on how the Canadian government is involved in providing cyber support to the Ukrainian government in the face of Russia’s illegal invasion. While the Canadian military declined to confirm or deny any activities they might be involved in, the same was not true of the Communications Security Establishment (CSE). The CSE is Canada’s foreign signals intelligence agency. In addition to collecting intelligence, it is also mandated to defend Canadian federal systems and those designated as of importance to the government of Canada, provide assistance to other federal agencies, and conduct active and defensive cyber operations.1
From the Global News article it is apparent that the CSE is involved in both foreign intelligence operations as well as undertaking cyber defensive activities. Frankly these kinds of activity are generally, and persistently, undertaken with regard to the Russian government and so it’s not a surprise that these activities continue apace.
The CSE spokesperson also noted that the government agency is involved in ‘cyber operations’ though declined to explain whether these are defensive cyber operations or active cyber operations. In the case of the former, the Minister of National Defense must consult with the Minister of Foreign Affairs before authorizing an operation, whereas in the latter both Ministers must consent to an operation prior to it taking place. Defensive and active operations can assume the same form–roughly the same activities or operations might be undertaken–but the rationale for the activity being taken may vary based on whether it is cast as defensive or active (i.e., offensive).2
These kinds of cyber operations are the ones that most worry scholars and practitioners, on the basis that there is a risk that foreign operators or adversaries may misread a signal from a cyber operation or because the operation might have unintended consequences. Thus, the risk is that the operations that the CSE is undertaking run the risk of accidentally (or intentionally, I guess) escalating affairs between Canada and the Russian Federation in the midst of the shooting war between Russian and Ukrainian forces.
While there is, of course, a need for some operational discretion on the part of the Canadian government it is also imperative that the Canadian public be sufficiently aware of the government’s activities to understand the risks (or lack thereof) which are linked to the activities that Canadian agencies are undertaking. To date, the Canadian government has not released its cyber foreign policy doctrine nor has the Canadian Armed Forces released its cyber doctrine.3 The result is that neither Canadians nor Canada’s allies or adversaries know precisely what Canada will do in the cyber domain, how Canada will react when confronted, or the precise nature of Canada’s escalatory ladder. The government’s secrecy runs the risk of putting Canadians in greater jeopardy of a response from the Russian Federation (or other adversaries) without the Canadian public really understanding what strategic or tactical activities might be undertaken on their behalf.
Canadians have a right to know at least enough about what their government is doing to be able to begin assessing the risks linked with conducting operations during an active militant conflict against an adversary with nuclear weapons. Thus far such information has not been provided. The result is that Canadians are ill-prepared to assess the risk that they may be quietly and quickly drawn into the conflict between the Russian Federation and Ukraine. Such secrecy bodes poorly for being able to hold government to account, to say nothing of preventing Canadians from appreciating the risk that they could become deeply drawn into a very hot conflict scenario.
- For more on the CSE and the laws governing its activities, see “A Deep Dive into Canada’s Overhaul of Its Foreign Intelligence and Cybersecurity Laws.” ↩︎
- For more on this, see “Analysis of the Communications Security Establishment Act and Related Provisions in Bill C-59 (An Act respecting national security matters), First Reading (December 18, 2017)“, pp 27-32. ↩︎
- Not for lack of trying to access them, however, as in both cases I have filed access to information requests to the government for these documents 1 years ago, with delays expected to mean I won’t get the documents before the end of 2022 at best. ↩︎