Opening Hearts and Minds: Canada and the Challenge of Using Open-Source Information in National Security Operations and Analysis

Open-source intelligence (OSINT) is derived from publicly available information as well as other unclassified information that has limited public distribution or access. This chapter considers the Public Order Emergency Commission’s recommendations on OSINT through the lens of both national security policy and law. First, we further define OSINT and distinguish it from Social Media Intelligence (SOCMINT), which can consist of both public and private information. We then identify the core legal issues arising from the collection and sharing of open-source personal information by the national security and intelligence community (NSIC). Second, we explore the legal authorities and constraints of federal government bodies as they relate to the collection and sharing of OSINT. Third, we argue that legal capacity is not in fact the central obstacle impeding government OSINT collection. Rather, what is lacking is a cultural shift in how the community uses and disseminates OSINT products and the capacity to do so; Canada requires a body with a coordination mandate to collate, assess, and disseminate OSINT with all NSIC stakeholders. Fourth, based on these considerations, we propose the creation of a central OSINT capability within the Privy Council Office (PCO) to support the federal government and serve as a center of excellence for process, policy, and training. We suggest repurposing the current Integrated Terrorism Assessment Centre (ITAC) for this purpose. We also argue that the office of the national security and intelligence advisor (NSIA) should be entrenched in legislation and given an explicit coordination function and the necessary authorities to request and disseminate intelligence with stakeholders.