Evidence of meeting #43 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site.) The winning word was subamendment.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Wong  Acting General Counsel, Policy Sector, Department of Justice
Gilkes  Acting Officer-in-Charge, RCMP Lawful Access, Royal Canadian Mounted Police
Nashef  Director General, Policy, Planning and Accountability, Canadian Security Intelligence Service
Gibner  Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

7 p.m.

Conservative

Connie Cody Conservative Cambridge, ON

Through you, Chair, I appreciate being here. It's my first time here, and I'm really interested in hearing more about this bill.

In my riding of Cambridge, I've been getting a lot of messages of concern. One thing I would like to address more is about the AI tools inside the data that these orders target.

I don't believe that the role of artificial intelligence tools in how service providers manage, retrieve and process the very subscriber data that production orders under this provision would compel has been addressed yet.

Modern telecommunications companies and cloud platforms do not manage subscriber data manually. They use automated and, increasingly, AI-assisted systems to index, search, retrieve and process that data at a scale that is simply not achievable any other way. The transmission data, device identifiers and usage logs of the—

The Chair Liberal Jean-Yves Duclos

Ms. Cody, it must be extremely difficult for the interpreters to interpret your remarks. You're a fast talker and your comments are quite complex.

7:05 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Just go slower, Connie.

The Chair Liberal Jean-Yves Duclos

If you could give the interpreter a bit more time, I would appreciate it.

7:05 p.m.

Conservative

Connie Cody Conservative Cambridge, ON

Thank you. I'll slow down.

I have some questions. When a service provider receives a production order under this provision and compiles the response of subscriber information and transmission data, is there any requirement in Bill C-22 or anywhere in the Criminal Code as amended that the provider disclose whether AI tools were used in the retrieval and compilation of that data and what those tools' known data access and retention behaviours are?

7:05 p.m.

Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

Kimberly Gibner

Everyone is looking to me to respond, so I'll do my best.

The answer is no, as it relates to part 1. Maybe for part 2 there are some implications, but as it relates to part 1, there's nothing specific to AI.

7:05 p.m.

Conservative

Connie Cody Conservative Cambridge, ON

If an AI tool was used in the production of subscriber data access information beyond what the order specified, retains it beyond the purpose of the order or behaves in ways the provider did not know about and cannot fully account for, the innocent third parties on shared accounts have no recourse under this provision. There is not a single word that I can see that addresses any of this.

Claude Fable 5, which was once Mythos, was released two days ago and was found to contain silent behavioural modifications that degraded its outputs without user notification. This was discovered only through a paragraph buried in a large document.

If a service provider uses an AI tool with similar undisclosed behavioural constraints to compile subscriber data in response to a production order and that tool silently produces an incomplete or inaccurate response without flagging that fact, what is the legal status of that production?

7:05 p.m.

Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

Kimberly Gibner

I'm going to take a step back for two seconds to remind everyone that “subscriber information” is defined in the bill as name, address and those sorts of things.

If police get information back that is nonsensical.... They would be doing that investigative step once they receive the information. If Joe Schmo doesn't exist, I suppose they would follow up, but otherwise.... I can't conjure up a scenario any better than that to answer your question, really.

Police who work in that space may be able to respond to your question better than I can.

7:05 p.m.

Conservative

Connie Cody Conservative Cambridge, ON

Okay.

My concern is more in regard to the tool that would be used—what it can obtain, how it can distribute that, how it can leak information and what controls we have on an order to a service provider to obtain information.

If an AI tool is used but we don't have an understanding of it, how can we ensure that there won't be any misuse of it?

7:05 p.m.

Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

Kimberly Gibner

If I understand you correctly.... Police are looking for subscriber information. They go to a service provider with their production order and say, “Service provider, I'd like the name and address attached to this information.” Police aren't using a tool to get that information. They're relying on the service provider to fulfill the production order. They're looking for the service provider to tell them the information identified in the court order. They just receive the information back from the service provider.

7:05 p.m.

Conservative

Connie Cody Conservative Cambridge, ON

Okay. Thank you.

The Chair Liberal Jean-Yves Duclos

Mr. Genuis.

Is Mr. Genuis still there?

Mr. Lawton.

Is Mr. Lawton there?

Okay. We have run out of speakers.

Is it the will of the committee to adopt the subamendment moved by Mr. Housefather?

(Subamendment agreed to [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

Mr. Lloyd, you have the floor.

7:10 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Oh, we're just.... No.

The Chair Liberal Jean-Yves Duclos

Is it the will of the committee to adopt amendment BQ‑4 as amended?

(Amendment as amended agreed to [See Minutes of Proceedings])

Amendment CPC‑3 is identical to amendment BQ‑4. As a result, it can't be moved.

Would anyone like to move amendment BQ‑5?

Mr. Mantle, you have the floor.

7:10 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

Have you passed the clause as well?

The Chair Liberal Jean-Yves Duclos

The clause involves more amendments.

7:10 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

What would the next amendment on that clause be?

The Chair Liberal Jean-Yves Duclos

We have a few more amendments before we get to vote on clause 6.

7:10 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

Okay. Thank you, Mr. Chair.

I would like to speak to the next amendment, please.

The Chair Liberal Jean-Yves Duclos

Okay.

We just voted on BQ-4, which we adopted. Now we are moving to BQ-5.

Mr. Lloyd.

7:10 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

I move to adjourn the meeting.

The Chair Liberal Jean-Yves Duclos

Okay. Thank you.

Jacques Ramsay Liberal La Prairie—Atateken, QC

I have a point of order.

I just want to put on the record that the Conservatives have been here for almost four hours, and they're not here to work. They're not here to make—

7:10 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

That doesn't sound like a point of order.