Post Tagged with: "rogers"

Credit Cards by Sean MacEntee (CC BY 2.0) https://flic.kr/p/kkUu3B

From Cell Towers to Credit Card Data: Telecom Privacy Case Reveals Scope of Police Demands for Subscriber Information

Last month, media reports covered a recently released Ontario court decision involving a Peel Regional Police warrant application for subscriber data from Telus and Rogers. The two telecom companies challenged the order, arguing that it was overbroad. The police withdrew the order in favour of a more limited request, but the court decided that the Charter issues raised by the request should still be examined.

The money quote from the judge – “the privacy rights of the tens of thousands of cell phone users is of obvious importance” – captured the attention, but the case is more interesting for the data it provides on police warrant applications for subscriber data. The case reveals that Telus received approximately 2,500 production orders and general warrants in 2013, while Rogers produced 13,800 files in response to production orders and search warrants that year.

Even more interesting is how the police were seeking access to a huge amount of subscriber information by asking for all records involving dozens of cell phone towers, including subscriber data, billing information, bank data, and credit card information.  The specifics as described by the court:

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August 14, 2014 — 4 comments — News
040510 by Dennis S. Hurd (CC BY-NC-ND 2.0) https://flic.kr/p/7QU5gX

CRTC Finds Rogers Engaged in Unjust Discrimination With Its Domestic Roaming Agreements

From seemingly the moment in launched in Canada, Wind Mobile argued that it was being placed at a competitive disadvantage due to unfair roaming agreements with Rogers. As a new entrant, the company was reliant on roaming agreements to offer nationwide service, yet it claimed that Rogers was tilting the playing field against it. Rogers unsurprisingly disagreed.  In a Senate appearance in 2009, the company was asked directly about the issue:

Senator Zimmer: Have you had any requests from new wireless entrants for roaming and tower-sharing agreements, and how have you handled those? What is the progress on these arrangements to date?

Mr. Engelhart: I am glad you asked that question, because we have been reading in the press some grumbling by some of the new entrants, and it has left us puzzled. Mr. Roy and I, mostly Mr. Roy, have successfully concluded roaming agreements with all the new entrants who have approached us, and we did that in a business negotiation that did not need arbitration or enforcement from Industry Canada. We have also provided access to a huge number of our towers to the new entrants. We believe the government policy that requires us to make those facilities available is working, and we are proud of what we have done.

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August 1, 2014 — 3 comments — News
Silence by Alberto Ortiz (CC BY-NC-ND 2.0) https://flic.kr/p/3cRLS7

Why Has Bell Remained Silent on Its Subscriber Information Disclosure Practices?

In the aftermath of the Supreme Court of Canada’s Spencer decision, several leading Canadian ISPs have publicly announced that they have changed their practices on the disclosure of subscriber information (including basic subscriber information such as name and address) to law enforcement. For example, Rogers announced that it will now require a warrant or court order prior to disclosing information to law enforcement except in emergency situations. Telus advised that it has adopted a similar practice and TekSavvy indicated that that has long been its approach. SaskTel says that it will release name, address, and phone number.

Unlike its competitors, Bell has remained largely silent in recent weeks. In media reports, the company says little more than that it follows the law.  In fact, the Toronto Star’s Alex Boutilier tweets that the company is now declining to respond to journalist inquiries about the issue. In the past, the company was a clear supporter of disclosing “pre-warrant” information in some circumstances to law enforcement. As detailed in this Canadian Bar Association article:

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July 24, 2014 — 20 comments — News
Hotel California by Leo U (CC BY-NC 2.0) https://flic.kr/p/9SSkNt

Welcome to the Hotel California: ISPs Who Won’t Take No For An Answer

Last week, a recorded customer service call with U.S. Internet provider Comcast went viral as the recording featured a Comcast representative spend 20 minutes deflecting a customer’s request to drop its Internet service. While Comcast apologized, the incident clearly struck a chord with many frustrated by customer service representatives whose mandate is seemingly to retain the customer rather than provide actual service.

Yesterday, Toronto web developer Daryl Fritz tweeted this photo of a Rogers injection into his web page:

Rogers response to @DarylFritz

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July 22, 2014 — 7 comments — News
Come Back With a Warrant doormat, Cindy's place, Noe Valley, San Francisco, CA by Cory Doctorow (CC BY-SA 2.0) https://flic.kr/p/bB3VJN

Come Back With a Warrant: How Will the Canadian Government Respond to the Supreme Court’s Reshaping of Privacy Law?

Canadian Internet and telecom providers have, for many years, disclosed basic subscriber information, including identifiers such as name, address, and IP address, to law enforcement without a warrant. The government has not only supported the practice, but actively encouraged it with legislative proposals designed to grant full civil and criminal immunity for voluntary disclosures of personal information.

Last month, the Supreme Court of Canada struck a blow against warrantless disclosure of subscriber information, ruling that there is a reasonable expectation of privacy in that information and that voluntary disclosures therefore amount to illegal searches.

My weekly technology law column (Toronto Star version, homepage version) notes the decision left little doubt that Internet and telecom providers would need to change their disclosure policies. Last week, Rogers, the country’s largest cable provider, publicly altered its procedures for responding to law enforcement requests by announcing that it will now require a court order or warrant for the disclosure of basic subscriber information to law enforcement in all instances except for life threatening emergencies (warrantless disclosures may still occur where legislation provides the lawful authority to do so). Telus advised that it has adopted a similar approach.

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July 21, 2014 — 12 comments — Columns
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