Archive for July 21st, 2014

Come Back With a Warrant doormat, Cindy's place, Noe Valley, San Francisco, CA by Cory Doctorow (CC BY-SA 2.0) https://flic.kr/p/bB3VJN

Come Back With a Warrant: How Will the Canadian Government Respond to the Supreme Court’s Reshaping of Privacy Law?

Canadian Internet and telecom providers have, for many years, disclosed basic subscriber information, including identifiers such as name, address, and IP address, to law enforcement without a warrant. The government has not only supported the practice, but actively encouraged it with legislative proposals designed to grant full civil and criminal immunity for voluntary disclosures of personal information.

Last month, the Supreme Court of Canada struck a blow against warrantless disclosure of subscriber information, ruling that there is a reasonable expectation of privacy in that information and that voluntary disclosures therefore amount to illegal searches.

My weekly technology law column (Toronto Star version, homepage version) notes the decision left little doubt that Internet and telecom providers would need to change their disclosure policies. Last week, Rogers, the country’s largest cable provider, publicly altered its procedures for responding to law enforcement requests by announcing that it will now require a court order or warrant for the disclosure of basic subscriber information to law enforcement in all instances except for life threatening emergencies (warrantless disclosures may still occur where legislation provides the lawful authority to do so). Telus advised that it has adopted a similar approach.

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July 21, 2014 12 comments Columns

Come Back With a Warrant: How Will the Government Respond to the Supreme Court’s Reshaping of Privacy Law?

Appeared in the Toronto Star on July 19, 2014 as How Will Ottawa Respond to Court’s Reshaping of Privacy Law Canadian Internet and telecom providers have, for many years, disclosed basic subscriber information, including identifiers such as name, address, and IP address, to law enforcement without a warrant. The government […]

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July 21, 2014 Comments are Disabled Columns Archive