USA PATRIOT Act poses no serious threat to Canadian = data, professor says: IU News Room: Indiana University

Browse by Campus=20

Services & Resources=20

Browse by Topic

Multimedia News

Media Contacts

James Boyd
Indiana University School of Law--Bloomington
joboyd@indiana.edu=20
812-856-1497

Steve Hinnefeld
University Communications
slhinnef@indiana.edu=20
812-856-3488

USA PATRIOT Act poses no serious threat to Canadian data, professor=20 says

E-mail = this page=20
Print this = page=20

Indiana University expert says Canadian responses may actually be = doing more=20 harm than good

FOR IMMEDIATE RELEASE
Sept. 25,=20 2008

BLOOMINGTON, Ind. -- Information on Canadian citizens should be safe = from the=20 reaches of the USA PATRIOT Act, but the Canadian government's response = to the=20 Act may pose a greater threat to data privacy, a leading Indiana = University=20 School of Law--Bloomington cybersecurity expert testified today (Sept. = 25) in=20 Washington, D.C.

Fred H. Cate

Print-Quality= Photo=20

Fred H. Cate, Distinguished Professor and C. Ben Dutton Professor of = Law,=20 told the Trilateral Committee on Transborder Data Flows that the = Canadian=20 government is taking a pragmatic approach to protecting its citizens' = data from=20 being accessed by the U.S. government. But Cate, who also serves as the = director=20 of the IU Center for Applied Cybersecurity Research, said the approach = of some=20 Canadian provinces is causing unintended consequences.

When the USA PATRIOT Act was adopted in 2001, some Canadian = provincial=20 government officials expressed concerns that the Act could be used to = obtain=20 personal data about Canadian citizens without their knowledge or = consent, and=20 amended their provincial privacy laws to prohibit the export of certain = personal=20 data to the United States. Cate calls the scenario that led to the = export=20 prohibitions highly unlikely.

"The USA PATRIOT Act poses little risk to Canadians' personal = information=20 held by public bodies and stored in, or accessible from, the United = States,"=20 Cate said. "The U.S. government would seem far more likely to access the = data it=20 needs for counterterrorism and law enforcement purposes through its = direct=20 surveillance programs, some operated in partnership with Canada, or by = simply=20 asking Canadian officials, who exercise powers similar to those of their = U.S.=20 counterparts, for the required data."

But unintended consequences have arisen from the provincial = legislation. Cate=20 testified that such restrictions may be stunting research and adding = additional=20 layers of bureaucracy to the everyday lives of Canadians.

Cate said Canada's reactions to the PATRIOT Act have had the = following=20 negative effects:

Reduced service as Canadians are denied access to remote computer = support,=20 24-hour customer service through call centers around the globe, and = hundreds=20 of other services that depend on access to a multinational array of = people and=20 data.=20
Increased bureaucracy and less efficient operation as non-Canadian = bidders=20 on provincial contracts must restructure their operations to keep = Canadian=20 data in Canada.=20
Generated higher costs for providing services to provincial = governments=20 and Canadian citizens without allowing access to globally centralized=20 facilities, data, and personnel.=20
Increased potential harm to the public by denying Canadians access = to=20 non-Canadian fraud detection and identity verification tools, and = cross-border=20 data-matching servers that enhance the accuracy of records, help = identify and=20 locate criminals, enhance security, and limit the spread of infectious = diseases.=20
Created a competitive disadvantage, because Canadian businesses = can rely=20 on their existing servers, data centers, personnel, affiliates and = other=20 resources to serve customers around the world, while non-Canadian = businesses=20 must create provincial affiliates with provincial data centers and = other=20 provincial resources to service customers in Canada.

For example, three prominent universities had been unable to = subscribe to=20 plagiarism detection software and another program that allowed academics = and=20 students to store personal information, because they involved connecting = through=20 a server located outside of the country. One of those schools, Dalhousie = University, spent more than $15,000 to re-locate a server that created = "virtual=20 classrooms."

Looking forward, Cate said the risks facing Canadian citizens from=20 legislative measures "seem unjustified" in the unlikely event that the = U.S.=20 government would try to access their personal data. "Those risks are = unnecessary=20 as well," Cate said. "The geographic restrictions approach to protecting = privacy=20 ignores the concepts of reasonableness, balance, and respect for = national=20 sovereignty recognized in Canadian law."

IU News = Room=20

IU News from all eight campuses

Browse by Topic

Multimedia News

Search

Media Contacts

Related Links

USA PATRIOT Act poses no serious threat to Canadian data, professor=20 says

Indiana University expert says Canadian responses may actually be = doing more=20 harm than good

IU News = Room=20

IU News from all eight campuses

Browse by Topic

Multimedia News

Search

Media Contacts

News by Topic

News by Category

Campuses:

Schools:

Programs:

Related Links

USA PATRIOT Act poses no serious threat to Canadian data, professor=20 says

Indiana University expert says Canadian responses may actually be = doing more=20 harm than good