The government’s plan for warrantless disclosure of Internet subscriber information is rightly attracting increasing attention as sneaking lawful access provisions into a border bill raises significant privacy concerns. As I pointed out last week, Bill C-2’s new “information demand” power – which can be used by a wide range of enforcement agencies over literally any potential offence of any Act of Parliament – is certain to spark a legal challenge given the Supreme Court of Canada’s previous decisions in Spencer and Bykovets. While the government has tried to paint the information at stake as “phone book” information with little privacy value, the reality is far different. The information demand includes whether the provider provides or has provided services to a particular subscriber or client, or to any account or identifier, whether there is transmission data on hand (who was the person communicating with and what apps were they using) as well as where and when the service was provided. The information demand can also cover when service began, when it ended, and what other communications services are used by the subscriber. The specific content would require a warrant, but all of this data, which can be very revealing, would be available without judicial oversight. Further, providers would be prohibited from disclosing the disclosure for a year and would receive legal immunity if they voluntarily provide the information without even requiring an information demand request.
Archive for June 10th, 2025

Law Bytes
Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
byMichael Geist

August 10, 2026
Michael Geist
Search Results placeholder
Michael Geist on Substack
Recent Posts
Digital Trade Alignment: What May Be in Play in the Canada-U.S. Trade Deal
TMU Picks Damage Control Over Fixing the Damage: Behind Its Shameful Response to the Devastating Benotto Report on Campus Antisemitism
Thanks For Joining the Movement: French Constitutional Council Strikes Down Kids’ Social Media Ban
Denial, Hate, and Silence: The Three Responses to Overwhelming Evidence of Canada’s Campus Antisemitism Crisis
The Law Bytes Podcast, Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network

