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 264: Jon Penney on Chilling Effects in the Digital Age
byMichael Geist

March 30, 2026
Michael Geist
March 16, 2026
Michael Geist
Search Results placeholder
Michael Geist on Substack
Recent Posts
A Standard That Doesn’t Exist: Parliamentary Secretary for Justice Offers Misleading Defence of Bill C-22’s Lower Threshold for Subscriber Information
More Surveillance Demands to Come?: Government Admits Bill C-22’s Lawful Access Provisions Could Be Expanded
Win, Lose or Draw?: The Federal Court of Appeal Overrules a Key Copyright Case on Procedural Grounds
The Lawful Access Debate Begins: Canadians Should Pay Attention to What the Government Isn’t Saying
The Global Battle for Data Control: How the 2026 U.S. Report on Trade Barriers Targets Data Sovereignty Worldwide

