Articles by: Michael Geist

Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb

Warrantless Access to Subscriber Information: Has the Tide Turned on Canada’s Privacy Embarrassment?

In a year in which privacy issues have captured near weekly headlines, one concern stands out: warrantless access to Internet and telecom subscriber information. From revelations that telecom companies receive over a million requests each year to the Supreme Court of Canada’s landmark decision affirming that there is a reasonable expectation of privacy in subscriber information, longstanding law enforcement and telecom company practices have been placed under the microscope for the first time.

Last week, the Privacy Commissioner of Canada released a report that shed further light on the law enforcement side of warrantless disclosure requests, raising disturbing questions about the lack of record keeping and politically motivated efforts to drum up data on the issue.

My weekly technology law column (Toronto Star version, homepage version) notes that the Office of the Privacy Commissioner of Canada notified the Royal Canadian Mounted Police last October that it was planning to conduct preliminary investigative work on the collection of warrantless subscriber information from telecom companies. The plan was to assess RCMP policies and to determine the frequency and justification for warrantless requests.

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November 3, 2014 5 comments Columns

Warrantless Access to Subscriber Information: Has the Tide Turned On Canada’s Privacy Embarrassment?

Appeared in the Toronto Star on November 1, 2014 as Had the Tide Turned on Canada’s Privacy Embarrassment In a year in which privacy issues have captured near weekly headlines, one concern stands out: warrantless access to Internet and telecom subscriber information. From revelations that telecom companies receive over a […]

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November 3, 2014 2 comments Columns Archive
The Fifth Eye by Dustin Ginetz (CC BY-NC-SA 2.0) https://flic.kr/p/id9KHn

Canada’s New “Anti-Terrorism” Bill: Responding to the Courts, Not the Attacks

The government yesterday introduced Bill C-44, the Protection of Canada from Terrorists Act. While some were expecting significant new surveillance, decreased warrant thresholds, and detention measures, this bill is a response to several court decisions, not to the attacks last week in Ottawa and Quebec. A second bill – which might use the U.K. legislative response to terror attacks as a model – is a future possibility, but policy decisions, cabinet approval, legal drafting, and constitutional reviews take time.

Bill C-44, which was to have been tabled on the day of the Ottawa attack, responds to two key issues involving CSIS, Canada’s domestic intelligence agency.  The first involves a federal court case from late last year in which Justice Richard Mosley, a federal court judge, issued a stinging rebuke to Canada’s intelligence agencies (CSEC and CSIS) and the Justice Department, ruling that they misled the court when they applied for warrants to permit the interception of electronic communications. Mosley’s concern stemmed from warrants involving two individuals that were issued in 2009 permitting the interception of communications both in Canada and abroad using Canadian equipment. At the time, the Canadian intelligence agencies did not disclose that they might ask their foreign counterparts (namely the “five eyes” partners in the U.S., U.K., Australia, and New Zealand) to intercept the foreign communications.

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October 28, 2014 7 comments News
Nathan by Jamie McCaffrey (CC BY 2.0) https://flic.kr/p/pLRHqW

Responding to the Attacks: Why We Need to Resist Quick-Fix Anti-Terrorism Measures

Two shocking terror attacks on Canadian soil, one striking at the very heart of the Canadian parliament buildings and both leaving behind dead soldiers. Office buildings, shopping centres, and classrooms placed under lockdown for hours with many confronting violence first hand that is rarely associated with Canada.

Last week’s terror events will leave many searching for answers and seeking assurances from political and security leaders that they will take steps to prevent it from happening again. There will be an obvious temptation to look to the law to “fix” the issue, and if the past is a guide, stronger anti-terror legislation and warnings that Canadians may need to surrender more of their privacy and civil liberties in the name of greater security will soon follow.

My weekly technology law column (Toronto Star version, homepage version) notes that if there are legal solutions that would help foster better security, they should unquestionably be considered. Yet Canada should proceed with caution and recognize that past experience suggests that the unintended consequences that may arise from poorly analyzed legislation may do more harm than good.

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October 27, 2014 14 comments Columns

Responding to the Attacks: Why We Need to Resist Quick-Fix Anti-Terrorism Measures

Appeared in the Toronto Star on October 25, 2014 as Why We Need To Resist Quick-Fix Anti-Terrorism Measures Two shocking terror attacks on Canadian soil, one striking at the very heart of the Canadian parliament buildings and both leaving behind dead soldiers. Office buildings, shopping centres, and classrooms placed under […]

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October 27, 2014 Comments are Disabled Columns Archive