Prime Minister Stephen Harper and Environment Minister Jim Prentice, right, in Copenhagen on Dec. 18, 2009.
SEAN KILPATRICK/THE CANADIAN PRESS
Last
month, the Canadian delegation at the Climate Change Conference in
Copenhagen found itself targeted by the Yes Men in a widely publicized
hoax. The well-known activists satirized the Canadian government's
position on the environment by launching a pair of phoney websites that
looked official but promoted different policies.
The hoax
attracted considerable media attention, prompting Prime Minister's
Office spokesman Dimitri Soudas to label it a childish prank. Soon
after, Canadian officials quietly set out to shut down the two
websites.
What followed creates a cause for concern,
because Environment Canada appears to have misrepresented the harms
posed by the sites in an effort to force them offline without a court
order.
Internet providers frequently are asked to remove
content, yet most reputable firms only do so with court oversight or a
clear statutory mandate. One exception to this rule involves cases of
phishing, which is the criminally fraudulent process of attempting to
acquire personal information such as user names, passwords and credit
card details by masquerading as a trustworthy entity. This occurs when
fraudsters create websites that look much like a popular bank or online
auction site in the hope of prying personal data from visitors tricked
into thinking they are dealing with a legitimate site.
Phishing
operators move quickly, seeking to grab as much data as they can before
authorities move to shut them down. The practice raises serious
identity theft concerns, leading host ISPs to shut down alleged sites
without waiting for a court order. While this helps limit potential
harm, the Canadian government has become the poster child for how the
system can be abused.
Within days of the Yes Men incident,
both Environment Canada and the Canadian Cyber Incident Response
Centre, which is part of Public Safety Canada, wrote to the hosting ISP
to ask that it shut down the fake websites. While officials
understandably pointed to trademark and copyright concerns (the sites
were designed to look confusingly similar to actual government
websites), those claims alone would not have been enough for most
Internet providers to act.
Instead, officials used both the
persuasive power of an official government request combined with
inaccurate claims that the sites were engaged in phishing to escalate
the issue. One email to the hosting company noted the request was sent
on behalf of the Minister of the Environment to demand prompt deletion
and removal of the hosted sites. The same email claimed the sites were
involved in phishing, leading the German-based Internet provider to
promptly shut them down.
In fact, in the rush to shut down
the Yes Men sites, the Internet provider simultaneously shut down an
additional 4,500 websites hosted at the same IP address. Those sites
have since been restored.
In the aftermath of the case, the
web administrator who shut down the sites expressed regret, arguing he
acted under duress. Yet the real concern arises from the inflammatory
government claims.
While the sites were obviously an
embarrassment, there were several avenues to address the issue.
Officials could have filed a complaint with the Canadian Internet
Registration Authority, which manages the dot-ca domain (both sites
used dot-ca addresses). Alternatively, they could have turned to the
courts for an order to either shut down the sites or suspend the domain
name registrations. Instead, the phishing claim effectively substituted
one hoax for another and, in the process, undermined the trust in a
global system designed to guard against identity theft.