Cyber Force: The International Legal Implications of the Communication Security Establishment's Expanded Mandate Under Bill C-59

16 Can. J. L. & Tech. 381- 416

35 Pages Posted: 24 Aug 2018 Last revised: 28 Aug 2019

See all articles by Leah West

Leah West

Carleton University - Norman Paterson School of International Affairs; University of Toronto, Faculty of Law

Date Written: April 15, 2018

Abstract

In the summer of 2017, the Liberal Government introduced Bill C-59 An Act Respecting National Security Matters (C-59).2 The bill, if passed, represents the most significant overhaul to Canadian national security institutions since the establishment of the Canadian Security Intelligence Service (CSIS) as a separate organization from the Royal Canadian Mounted Police (RCMP) in 1984. One component of this sweeping reform is the introduction of The Communications Security Establishment Act (CSE Act or the Act).The CSE Act institutes greater oversight and review requirements for this super secret agency, while also dramatically expanding the Establishment’s current tripartite mandate to include defensive cyber operations, active cyber operations, and the provision of technical and operational assistance to the Canadian Armed Forces (CAF). To date, the Government of Canada has failed to address the serious international relations implications and the possible repercussions that could result from the employment of CSE’s new mandate. This article, seeks to fill the void by identifying and analyzing the international legal implications surrounding state-sponsored cyber attacks.

Keywords: cyber warfare, cyber operations, national security, international law, humanitarian law, law of armed conflict,

JEL Classification: K33

Suggested Citation

West, Leah, Cyber Force: The International Legal Implications of the Communication Security Establishment's Expanded Mandate Under Bill C-59 (April 15, 2018). 16 Can. J. L. & Tech. 381- 416, Available at SSRN: https://ssrn.com/abstract=3225155

Leah West (Contact Author)

Carleton University - Norman Paterson School of International Affairs ( email )

1125 Colonel By Drive
Ottawa, Ontario K1S 5B6
Canada

University of Toronto, Faculty of Law ( email )

Falconer Hall
84 Queens Part
Toronto, Ontario M5S 2C5
Canada

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