While much of the focus on lawful access and subscriber information has centred on the reduced standards for obtaining an order for such information from Canadian telecom and Internet providers, there is another new production order deserving of attention (see earlier posts on domestic subscriber information standards and mandatory metadata retention). Bill C-22 introduces a new mechanism for Canadian courts to authorize police to request subscriber information and transmission data held outside the country directly from foreign platforms such as Google, Meta, and other services that provide communications services to the public. The provision is presented as a tool to modernize cross-border investigations, but in practice, it is likely to reduce privacy safeguards.
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Private Email Not Always Hush Hush
My weekly technology law column (Toronto Star version, The Tyee version, Ottawa Citizen version, homepage version) begins by recounting that this past September, the U.S. Drug Enforcement Agency launched "Operation Raw Deal", an initiative that targeted people purchasing raw steroid materials through the Internet from China and repackaging the steroids as drugs for domestic sale. Tyler Strumbo, a 23-year old California resident, was among the 124 people arrested. The Strumbo case is of particular interest because of an important Canadian connection. The foundation of the DEA's case rested on hundreds of encrypted emails stored on the computer servers of Hush Communications, a company based in Vancouver. A British Columbia court ordered the company to decrypt the emails and to send them to the U.S. law enforcement officials. Faced with a valid court order, the company complied, shipping 12 CDs filled with unencrypted personal email to investigators in California.
Private Email Not Always Hush Hush
Appeared in the Toronto Star on November 26, 2007 as Private Email Is Not Always Hush Hush Appeared in the Tyee on November 27, 2007 as Private E-mail Not Hush Hush This past September, the U.S. Drug Enforcement Agency launched "Operation Raw Deal", an initiative that targeted people purchasing raw […]
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