The Canadian Privacy Law Blog reports on a new Ontario decision which concluded there is a reasonable expectation of privacy in subscriber account records.
New Decision on Warrantless Access To ISP Customer Data
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@ http://www.privacylawyer.ca/blog/2009/10/new-decision-on-warrantless-access-to.html
“What is perhaps most interesting is that the Judge laments the fact that the increasing use of “we will disclose” language in ISP contracts tilt the balance of privacy away from individuals toward the police, ***without the ability of the Courts to impartially consider what is reasonable in the circumstances***.”
***emphasis added
Might the same logic used in overturning the Ontario >50Kph ‘stunt driving’ law be applicable here?