Michael Geist

Early next year the government will introduce lawful access legislation featuring new information disclosure requirements for Internet providers, the installation of mandated surveillance technologies, and creation of new police powers. Public Safety Minister Vic Toews, the chief proponent of the new law, has defended the plans, stating that opponents are putting “the rights of child pornographers and organized crime ahead of the rights of law-abiding citizens.”

My weekly technology law column (Toronto Star version, homepage version) notes that Toews’ stance in the face of widespread criticism from the privacy community and opposition parties is likely to be accompanied by a series of shaky justifications for the legislation.

For example, the bill will mandate the disclosure of Internet provider customer information without court oversight – that is, without a warrant. Under current privacy laws, providers may voluntarily disclose customer information but are not required to do so.  Toews has argued that the mandated information is akin to “phone book data” that is typically publicly available without restriction.

Yet the legislation extends far beyond phone book information by requiring the disclosure of eleven different items including customer name, address, phone number, email address, Internet protocol address, and a series of device identification numbers. Many Canadian courts have recognized the privacy interests associated with this data.

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