Canadian advocates, government officials, and scholars are all concerned about the forthcoming lawful access legislation. A key shared concern is that authorities could, under the legislation, access telecommunications subscription records without court oversight. Moreover, as a condition of accessing these records businesses might be served with gag orders. Such orders would prevent Canadians from ever knowing (outside of court!) that the government had collected large swathes of information about them. In response to concerns aired in public, the Public Safety Minister has insisted that the legislation would merely let police access “phone book” information from telecommunications providers.
I maintain that such assertions obfuscate the sheer amount of information contained in the records that authorities would collect. The aim of this post is to make clear just how much information is contained in a single lawful access “phone record”, demonstrating that the government is seeking information that grossly exceeds what is contained in the white or yellow pages today. As a result, I first provide an example phone record that resembles those in every phonebook in Canada and then offer an example of a lawful access record. Remember that such requests may be filed to multiple service providers (e.g. Internet service provider, web forum hosts, blogs, mobile phone companies, etc) and thus a swathe of records can be combined to generate a comprehensive picture of any particular individual. By the conclusion of the post it should be evident that information provided under lawful access powers is more expansive than the phone records government ministers allude to and lay bare those ministers’ technical obfuscations.