Recent Articles

Some suggestions to fix the lawful access bill

February 21, 2012 13:11

There are many, many problems with the warrantless access to customer data in Bill C-30, known as the lawful access bill. The main problem pointed to by the proponents of the Bill is that it takes too long to get a warrant that requires an internet service provider to hand over customer name and...

Police "PIPEDA requests" for customer information

February 18, 2012 14:01

As a follow-up to my previous post 'Dealing with police "Letters of Request for Information"', I thought I'd discuss a particular species of request letters, commonly referred to as "PIPEDA Requests". The names are a bit misleading, since in many cases the recipient is led to believe that the...

The hidden gag order in Bill C-30 (aka the lawful access bill)

February 18, 2012 13:57

While much attention has been focused on the general problems with Bill C-30 - Protecting Children from Internet Predators Act, we are starting to see some very good commentary on the details. One detail that hasn't really seen the light (and it may not be an accident) is the hidden gag order. Not...

Lawful Access then and now: Comparing C-30 to 2005's Modernization of Investigative Techniques Act

February 18, 2012 12:58

I was asked how the new Bill C-30 compares to the Modernization of Investigative Techniques Act tabled by the liberals in 2005. Here's a redline to draw your own conclusions: https://docs.google.com/open?id=0B_bUaJvZ9k_BNmY2ODc1YmQtMzU3OC00MjhjLTlmMDYtYzA0OTAzMjhjNzAw. Update: When the liberals...

Vancouver police can't use ICBC biometric database to ID Stanley Cup rioters, says Privacy Commissioner

February 16, 2012 23:57

The Information and Privacy Commissioner of British Columbia, Elizabeth Denham, has rules that the Vancouver police cannot use the facial recognition database compiled by the Insurance Corporation of British Columbia without a court order or warrant. See: Police can't use ICBC facial...

Lawful access bill introduced in parliament

February 15, 2012 02:01

It's baaaaack ..... Public Safety Minister Vic Toews has introduced in parliament Bill C-30 - Protecting Children from Internet Predators Act. Here is the Minister's press release: Harper government introduces Protecting Children from Internet Predators Act OTTAWA, February 14, 2012 – The...

Lawful Access then and now: Comparing C-52 to current C-30

February 15, 2012 00:47

In case you are, like me, spending the evening checking out what has changed with respect to warrantless access to subscriber data between Bill C-52 (introduced last year) and Bill C-30 introduced in Parliament today, this redline comparison may help.

What lawful access is all about and why it matters

February 13, 2012 18:44

The Canadian federal government is expected to table its latest iteration of "lawful access" legislation in Parliament this week. This is a BIG DEAL. First, let's set the record straight: Assuming this bill is roughly the same as the last one that fell off the order paper, it will NOT allow...

Lawful access bill on the order paper for next week

February 12, 2012 13:31

An anticipated bill, entitled “An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and others Acts” appears on the parliamentary order paper published on Friday, for introduction this coming week. More to follow ... (See: Order...

IMSI catchers and why they matter

February 10, 2012 11:03

Christopher Parsons has a very informative blog post about IMSI catchers, which includes a link to an amici curiae submission to a US court which provides a additional insights. "IMSI catchers" are a piece of surveillance technology that allows the user to impersonate a cell phone site and...