The CSE Act And The Expansion Of Canadian Cyber Capabilities In The Twenty-First Century

Abstract

What significance does the CSE Act’s new mandates entail for the CSE's role in enforcing Canadian cybersecurity? The aim of this paper is to provide an answer to this question, covering the period from 2001 to 2022. Prior research on the Act has yielded fruitful analyses about the legal implications for the agency’s new mandates. However, this paper will analyze the consequences of the agency’s expanding role in the Canadian cyber domain's security and what general trend can be observed. Data can become a valuable asset, and any compromise has significant consequences for Canadians and the Government of Canada. The findings in this paper are twofold: First, cyber security’s salience has made statutory law utilized to the CSE’s benefit to expand its capacity in response to emerging cyber threats. Second, the CSE’s powers entail that the agency will operate with continued and strict secrecy, raising concern over transparency and oversight.