The House of Commons ethics committee yesterday by a 6 to 5 vote ordered the RCMP to comply with its demand for data on any spyware surveillance of MPs. The Mounties earlier dismissed a similar request..“This is something we need to delve into in more detail,” said Conservative MP James Bezan (Selkirk-Interlake, Man.), sponsor of the motion to compel disclosure of records. MPs also need more information to determine whether other police agencies have used spyware and “the commercial application of this technology,” said Bezan..According to Blacklock's Reporter, the committee on July 26 asked for “a list of warrants or any other information related to the wiretapping of Members of Parliament, parliamentary assistants or any other employees of the Parliament of Canada.” RCMP Commissioner Brenda Lucki in an August 4 response wrote: “This information will not be provided.”.The ethics committee yesterday voted to enforce its order with a proposal to review documents behind closed doors. Only Liberal MPs opposed the order..RCMP admitted since 2012 investigators used spyware capable of activating smartphone cameras and microphones, downloading emails and accessing all electronic records held on devices. Daniel Therrien, just-retired Commissioner of Privacy, questioned “whether it’s ethical or not” regardless of the legality of spyware surveillance sanctioned by court warrant..“The on-device investigative tool for hacking into our cellphones predated your time as privacy commissioner and they never once consulted you?” asked Bezan. “It was a surprise,” replied Therrien..The use of spyware was only disclosed in a June 22 cabinet tabling of documents in the Commons requested by Conservative MP Tako Van Popta (Langley-Aldergrove, B.C.). Van Popta had asked for details of “government programs conducting surveillance or gathering information from Canadians through their phones or mobile devices.”.“I was surprised by the tool itself and how intrusive it was and that it was used for so long,” testified ex-Commissioner Therrien. RCMP acknowledged they never disclosed the practice to the Commissioner’s office..“What is currently legal might not necessarily be ethical,” said New Democrat MP Matthew Green (Hamilton Centre, Ont.). There was no “positioning of the RCMP as being rogue or going outside the confines of the law,” said Green. “It’s the gaps.”.Sharon Polsky, president of the Privacy and Access Council of Canada, testified that variations of the RCMP spyware are sold commercially. “Nobody is talking about preventing the spyware from being used in the first place and nobody is talking about how the spyware is able to take advantage of the shortcomings, the deficiencies, in so many software programs,” said Polsky..“People in my riding say, ‘Well, I don’t have anything to hide so why do we need to bother?’” asked Bloc Québécois MP René Villemure (Trois-Rivière, Que.). “Show me your bank statement,” replied Polsky..“For those who want to display the minutiae of their lives online, that’s their choice,” said Polsky. “But governments aren’t always benevolent.”
