28
PSYCHOLOGICAL AND EMOTIONAL WAR
Hold the Perpetrators of Digital Transnational Repression to
Account
y Make official statements against digital transnational repression and ensure that
the Canadian government’s policies and activities demonstrate that the protection
of human rights both at home and abroad is a priority.98 The Canadian government
needs to emphasize the importance of protecting the rights and freedoms of activist
and dissident communities in Canada and understand that this problem is not
confined to, for example, threats to business or Canada’s economic interests.99 For
example, the United States Department of Commerce recently expressly noted the
role of companies in facilitating transnational repression when it added a notorious
spyware vendor, NSO Group, to the Department’s Entity List and restricted US exports
to that company.100 This type of government activity sends an important message
to the market that the sale of surveillance technologies to authoritarian regimes will
not be tolerated.
y Examine the possible use of targeted sanctions against foreign states, individuals, and
entities that are responsible for, or complicit in, violations of international human rights
law. This recommendation has also been made in the context of addressing transnational repression in the United States.101
y Review foreign state immunity law in Canada and implement the changes necessary
to ensure that individuals subjected to digital transnational repression by foreign state
actors are able to pursue a legal remedy in Canada. For example, in the United States
context, foreign state immunity is a potential obstacle when a victim seeks to sue a
foreign state actor for acts of digital transnational repression.102
y Examine how existing Canadian criminal law could be used to pursue the perpetrators and facilitators of digital transnational repression in Canada and educate the
public and law enforcement on these provisions in the context of digital transnational
repression.103 Further, consider whether a new crime specific to acts of transnational
regarding how the US should address transnational repression, see Schenkkan and Linzer, Freedom
House Report.
98
See Alliance Canada HK, “In Plain Sight” at 12.
99
See also Canadian Coalition on Human Rights in China, “Harassment & Intimidation” at 51.
100
United States Department of Commerce (2021), “Commerce Adds NSO Group and Other Foreign
Companies to Entity List for Malicious Cyber Activities,” US Department of Commerce (3 November
2021) <https://www.commerce.gov/news/press-releases/2021/11/commerce-adds-nso-group-andother-foreign-companies-entity-list>.
101
Schenkkan and Linzer, Freedom House Report at 55.
102
Harvard Law Review (2018), “Doe v. Federal Democratic Republic of Ethiopia,” Harvard Law Review 131
at 1179–1186 <https://harvardlawreview.org/2018/02/doe-v-federal-democratic-republic-of-ethiopia/>.
103
Digital transnational repression (and transnational repression) may fall within the scope of general
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