New Canadian Legislation Will Not Permit Warrantless Searches of ISP Data

The Federal government has begun conducting a closed consultation regarding legislation it will propose to compel Internet Service Providers (ISPs) to surrender personal information about their customers to the police. Privacy and civil-liberties groups were concerned that the government sought to expand police powers without seeking contrary viewpoints. However, the Public Safety Minister, Stockwell Day, has announced that any new legislation will not require ISPs to turn over customers' personal information to law enforcement officials without a warrant:

"We have not and we will not be proposing legislation to grant police the power to get information from Internet companies without a warrant. That's never been a proposal. It may make some investigations more difficult, but our expectation is rights to our privacy are such that we do not plan, nor will we have in place, something that would allow the police to get that information."

The Minister said that the consultation should be open to all groups who wish to voice an opinion and he has extended the discussion period for the consultations by 2 ½ weeks. According to Minister Day, the purpose of the consultations is to make sure that ISPs are aware of their need to comply with court orders, but that these consultations are not intended to develop ways to access customers' personal information without warrants. On the other hand, Michael Geist, Canada Research Chair of Internet and E-commerce law at the University of Ottawa, expressed the view that the Minister's explanation does not match the government's views expressed in the consultation document. According to Prof Geist, "The consultation itself seemed to indicate there was only one framework under consideration -- and that was disclosure without court oversight." As a result, the text of the proposed legislation will be watched with great interest. For more information, see: http://tinyurl.com/3cgqlg Summary by: Andrei Edwards