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Last year, the Canadian government pushed Bill C-2, which would erode Canadian digital rights in the name of “border security.” The bill was so bad it didn’t even make it to committee because of the backlash from the privacy community. Now, the spring’s worst sequel, Bill C-22, aka The Lawful Access Act, is trying it again.

As with most sequels, Bill C-22 makes some tweaks to problematic elements, but largely retains the same problems. The bill forces digital services, which could include telecoms, messaging apps, and more, to record and retain metadata for a full year, and expands information sharing with foreign governments, including the United States. Metadata can reveal a lot about who you communicate with, where you go, and when you do so. Expanding the collection of metadata would require companies to store even more information about their users than they already do, providing an incentive for bad actors to access that information. 

Worst of all, Bill C-22 erodes the privacy of millions by providing a mechanism for the Minister of Public Safety to demand companies create a backdoor to their services to provide law enforcement access to data, as long as these mandates don’t introduce a “systemic vulnerability.” These widespread surveillance backdoors would likely facilitate even more data breaches than we see already. The bill also bans companies from even revealing the existence of these orders publicly.

The definitions of both “systemic vulnerabilities” and “encryption” are not clear enough in C-22, leaving wiggle room for the government to demand that companies circumvent encryption. And the overbroad definitions in the bill can include apps as well as operating systems. Canadian officials have made it clear they believe it’s possible to add surveillance without introducing systemic vulnerabilities, which is just not true. Surveillance of encrypted communications is fundamentally a systemic vulnerability.

This resembles what happened in the UK last year, when the government demanded that Apple implement this type of backdoor into its optional Advanced Data Protection feature, which then forced Apple to revoke the feature for its UK users instead of complying with the request. To this day, UK users still do not have access to this powerful, privacy-protective feature that provides stronger protections for data stored in iCloud. Both Meta and Apple are concerned that C-22 would give the Canadian governments similar powers, and both companies have come out against the bill. The U.S. House Judiciary and Foreign Affairs committees also sent a joint letter to Canada’s Minister of Public Safety highlighting the concern around backdoors into encrypted systems.

The dangers of these sorts of backdoors are not theoretical. In 2024, the Salt Typhoon hack took advantage of a system built by Internet Service Providers to give law enforcement access to user data. When you build these systems, hackers will come.

Canadians deserve strong privacy protections, transparency into how companies handle user data, and clear safeguards around encrypted data. Bill C-22 provides none of that, instead reaching further into the digital pockets of tech companies to build broad lawful access mechanisms.

Further reading

• Full text of C-22
• Canadian Civil Liberties Association statement and letter
• Open Media blog on C-22
• EFF’s blog on bill C-2

EFF, along with the national ACLU, the ACLU affiliates in Maryland, North Carolina, South Carolina, and Virginia, and the National Association of Criminal Defense Lawyers (NACDL) filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit urging the court to require a warrant for border searches of electronic devices under the Fourth Amendment, an argument EFF has been making in the courts and Congress for nearly a decade. The Fourth Circuit heard oral arguments on May 8. The Knight Institute at Columbia University and Reporters Committee for Freedom of the Press also filed a helpful brief focusing on the First Amendment implications of border searches of electronic devices.

The case, U.S. v. Belmonte Cardozo, involves a U.S. citizen whose cell phone was manually searched after he arrived at Dulles airport near Washington, D.C., following a trip to Bolivia. He had been on the government’s radar prior to his international trip and had been flagged for secondary inspection. Border officers found child sexual abuse material (CSAM) on his phone, and he was later arrested and criminally charged.

The district court denied the defendant’s motion to suppress the images and other data obtained from the warrantless search of his cell phone. He was ultimately convicted of child pornography and sexual exploitation of minors because he had used social media to entice minors to send him sexually explicit photos of themselves.

The number of warrantless device searches at the border and the significant invasion of privacy they represent is only increasing. In Fiscal Year 2025, U.S. Customs and Border Protection (CBP) conducted 55,318 device searches, both manual (“basic”) and forensic (“advanced”).

A manual search involves a border officer tapping or mousing around a device. A forensic search involves connecting another device to the traveler’s device and using software to extract and analyze the data to create a detailed report the device owner’s activities and communications. However, both search methods are highly privacy-invasive, as border officers can access the same data that can reveal the most personal aspects of our lives, including political affiliations, religious beliefs and practices, sexual and romantic affinities, financial status, health conditions, and family and professional associations.

In our amicus brief, we argued that the Fourth Circuit should adopt the same legal standard for both manual and forensic searches, and that standard should be a warrant supported by probable cause and issued by a neutral judge. The highly personal nature of the information found on electronic devices is why there should not be different legal standards for different methods of search, and why a judge should determine whether the government has provided credible preliminary evidence that there’s a likelihood that further evidence will be found on the device indicating wrongdoing by the specific traveler.

Moreover, we argued that “the process of getting a warrant is not unduly burdensome,” and that “getting a warrant would not impede the efficient processing of travelers. If border officers have probable cause to search a device, they may retain it and let the traveler continue on their way, then get a search warrant. Or, where there is truly no time to go to a judge, the exigent circumstances exception may apply on a case-by-case basis.”

The Fourth Circuit in prior cases only considered forensic device searches at the border. In U.S. v. Kolsuz (2018), the court held that the forensic search of the defendant’s cell phone at the border “must be considered a nonroutine border search, requiring some measure of individualized suspicion” of a transnational offense, but the court declined to decide whether the standard is only reasonable suspicion or instead a probable cause warrant. Then in U.S. v. Aigbekaen (2019), the court held that a forensic device search at the border in support of a purely domestic law enforcement investigation requires a warrant. The court also reiterated the general Kolsuz rule for a forensic border-related device search: the “Government must have individualized suspicion of an offense that bears some nexus to the border search exception’s purposes of protecting national security, collecting duties, blocking the entry of unwanted persons, or disrupting efforts to export or import contraband.” Now, manual searches are before the court.

In urging the Fourth Circuit to adopt a warrant standard for both manual and forensic device searches at the border, we argued that the U.S. Supreme Court’s balancing test in Riley v. California (2014) should govern the analysis here. In that case, the Court weighed the government’s interests in warrantless and suspicionless access to cell phone data following an arrest, against an arrestee’s privacy interests in the depth and breadth of personal information stored on a cell phone. The Court concluded that the search-incident-to-arrest warrant exception does not apply, and that police need to get a warrant to search an arrestee’s phone.

The U.S. Supreme Court has recognized for a century a border search exception to the Fourth Amendment’s warrant requirement, allowing not only warrantless but also often suspicionless “routine” searches of luggage, vehicles, and other items crossing the border. The primary justification for the border search exception has been to find—in the items being searched—goods smuggled to avoid paying duties (i.e., taxes) and contraband such as drugs, weapons, and other prohibited items, thereby blocking their entry into the country.

But a traveler’s privacy interests in their suitcase and its contents are minimal compared to those in all the personal data on the person’s cell phone or laptop. And a travelers’ privacy interests in their electronic devices are at least the same as those considered in Riley. Modern devices, over a decade later, contain even more data that can reveal even more intimate details about our lives.

We hope that the Fourth Circuit will rise to the occasion and be the first circuit to fully protect travelers’ Fourth Amendment rights at the border.

When governments shut down spaces for dialogue, dissent, and collective organizing, the damage extends far beyond a single event. The abrupt cancellation of RightsCon 2026—the world’s largest annual global digital rights conference—is not just a logistical disruption for thousands of researchers, journalists, technologists, and activists—it is part of a growing global pattern of shrinking civic space and increasing hostility toward free expression and independent civil society.

Just days before the conference was set to begin and as participants had begun to arrive in Lusaka, organizers announced that RightsCon would no longer proceed in Zambia or online after mounting political pressure and demands that would have excluded vulnerable communities and constrained discussion. The U.N.’s World Press Freedom Day, which was set to take place just prior to the conference, was scaled down in light of the events, and its press freedom prize ceremony postponed to a later date.

RightsCon has long served as one of the few truly global convenings where civil society groups, grassroots organizers, technologists, and policymakers can meet on equal footing to confront some of the most urgent human rights challenges of the digital age—from censorship and surveillance to internet shutdowns, platform accountability, and the safety of marginalized communities online. EFF has had a presence at RightsCon since its inception in 2011, and had planned to meet with and learn from international partners and present our work during several sessions in Lusaka.

The cancellation is especially devastating because of what RightsCon represents. For many advocates—particularly those from the global majority—it is not merely another conference. It is a rare opportunity to build solidarity across borders, form lasting partnerships, learn from other regions’ experiences, secure funding and support for local work, and ensure that the people most impacted by digital repression have a seat at the table. Holding the event in southern Africa carried particular significance, promising to elevate regional voices and strengthen local digital rights networks.

What happened in Zambia sends a chilling message. According to organizers and multiple reports, the pressure surrounding the event included Chinese government demands to exclude Taiwanese participants and moderate discussions around politically sensitive topics. At a moment when governments around the world are increasingly restricting protest, targeting journalists, cutting funds for human rights work, banning young people from online communities, censoring speech, and criminalizing civil society activity, the cancellation of RightsCon reflects the broader erosion of democratic space online and offline.

Organizations from the digital rights community have spoken out forcefully against the government’s cancellation of the conference, making clear that these attacks on civic participation will not pass unnoticed. Access Now described the decision as evidence of “the far reach of transnational repression targeting civil society.” Index on Censorship’s response warned that the move represents a dangerous escalation in attempts to suppress open dialogue, while IFEX rightly described the cancellation as a blow not just to one conference, but to freedom of expression and assembly everywhere.

We are also heartened to see statements from members of the international community—including Tabani Moyo, who spoke about the impact on the southern African community, and Taiwanese participant Shin Yang, who emphasized the importance of preserving spaces where marginalized communities can safely organize and speak—underscoring that attempts to silence civil society only reinforce the importance of defending open, global spaces for organizing and debate.

Even as this cancellation represents a serious setback, it is important to remember that the digital rights community has always adapted under pressure. Around the world, advocates continue to organize in increasingly difficult environments, finding new ways to connect, collaborate, and resist censorship and repression. Upcoming events like the Global Gathering and FIFAfrica—both of which EFF plans to attend—will bring together members of the community to tackle tough issues. And in the meantime, groups from all over the world are working together to incorporate global perspectives into platform regulations, oppose age verification laws, protect against surveillance, and fight internet shutdowns, among many other efforts.

RightsCon itself emerged from a recognition that defending human rights in the digital age requires international solidarity—and that need has not disappeared.

The conversations that were supposed to happen in Lusaka will continue elsewhere: in community spaces, online gatherings, encrypted chats, and future convenings yet to come. Governments may close venues, restrict participation, or attempt to narrow the boundaries of acceptable speech, but they cannot erase the global movement working to defend a free and open internet.

RightsCon will not go on in Zambia, but we remain heartened and inspired by the strength of the global digital rights community, stand with them in solidarity, and look forward to seeing our allies at the next RightsCon and other upcoming events.