Feds Quietly Pass Secret iPhone Spy Bill Overnight With Zero Debate

Canada’s Liberal government is taking heat after pushing a controversial surveillance bill through the House of Commons late at night with zero debate and no recorded vote. Law professor and internet policy expert Michael Geist called it “a genuine abrogation of democratic norms.”  

Midnight session, no real debate

Bill C-22, the lawful access bill, hands tech companies and internet providers expanded surveillance powers and new data retention rules. Instead of dealing with the privacy and cybersecurity concerns raised by tech companies, civil society groups and the Privacy Commissioner, the government found a way around having to answer them at all.

The government used a single motion to shut down clause-by-clause study in committee, which dragged the session past midnight. MPs were blocked from introducing new amendments and ended up voting on amendments one after another with no discussion or even public disclosure of what was actually in them. Back in the House, the bill passed with no debate, no discussion, and no recorded vote, as MPs rushed to get out of Ottawa for the summer.

“Tinfoil hats” comment draws backlash

The government’s language around the bill hasn’t helped its case either. Government House Leader Steven MacKinnon dismissed critics as wearing “tinfoil hats” and engaging in “paranoia.”

The committee did pass some last-minute amendments, including cutting the maximum metadata retention period from one year down to six months. But critics aren’t buying it as a real fix. Google has said the changes haven’t eased its concerns at all, and the Chamber of Progress, an industry coalition, called the amendments “half measures” and “cosmetic changes to a fundamentally flawed bill.”

“We believe the government can support law enforcement without resorting to secret ministerial orders that put Canadians at risk,” said a Google spokesperson to Bloomberg News, adding it would continue to keep engaging the federal government on the matter.

Apple’s privacy chief Erik Neuenschwander previously told Parliament the bill could force companies to build backdoors into their own encryption. He also warned the bill’s secrecy rules could stop companies from telling users what data the government made them hand over.

The core of the bill hasn’t changed though, as secret ministerial orders, mandatory metadata tracking and a total lack of Privacy Commissioner oversight are all still in there. By skipping a recorded vote, the Liberals made sure their MPs never had to go on record over warrantless surveillance powers. The bill now heads to the Senate, where it’s expected to get a much tougher look when Parliament returns in September.