The Canadian Press reports that the RCMP has abandoned some Internet-related investigations because it is unable to obtain warrantless access to subscriber information. The article is based on an internal memo expressing concern with the additional work needed to apply for a warrant in order to obtain access to subscriber information. The changes have arisen due to the Supreme Court of Canada’s Spencer decision, which held that there is a reasonable expectation of privacy in subscriber information. As a result, it is believed that most telecom and Internet providers have rightly stopped voluntary disclosures without a warrant (some have still not publicly stated their disclosure practices).
The article notes how easily subscriber information was disclosed prior to Spencer:
Prior to the court decision, the RCMP and border agency estimate, it took about five minutes to complete the less than one page of documentation needed to ask for subscriber information, and the company usually turned it over immediately or within one day. The agencies say that following the Supreme Court ruling about 10 hours are needed to complete the 10-to-20 pages of documentation for a request, and an answer can take up to 30 days.
The troubling aspect of the story is not that some investigations are being curtailed because law enforcement is now following due process and that telecom providers are requiring a warrant before disclosing subscriber information. It is that for millions of requests prior to Spencer, it took nothing more than five minutes to fill out a form with the information voluntarily released without court oversight and without notifying the affected subscriber.
