Michael Geist on the misleading case being made for new lawful access laws

Lawful access refers to the requirement by telecommunication providers, including IPSs, to allow law enforcement agencies to track and monitor communications (e.g., wire tapping). Canada has been considering changes to its lawful access laws for some time and the latest attempt is a a new set of legislation currently being debated. The new rules would require the release of customer information (name, telephone, IP address) without court oversight (i.e., without a warrant). In this article Michael Geist digs into the case being held up as an example of the need for new legislation and finds that no ISP records were even requested, and yet an arrest was made using the current laws. Interesting reading…

Van Loan’s Misleading Claims: Case for Lawful Access Not Closed

Last June, current Public Safety Minister Peter Van Loan tabled the latest lawful access legislative package. Much like its predecessors, the bill establishes new surveillance requirements for Internet service providers. In an about-face from the Day commitment however, it also features mandatory disclosure of customer information, including name, address, IP address, and email address upon request and without court oversight.

1 thought on “Michael Geist on the misleading case being made for new lawful access laws”

  1. Assuming this government even manages to survive long enough for it to pass, will this legislation be able to withstand a constitutional challenge? It seems like a clear case to me.

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