SIMThe most recent version of the Canadian Government’s lawful access legislation is upon us. The legislation expands the powers available to the police, imposes equipment- and training-related costs on Telecommunications Service Providers (TSPs), enables TSPs to voluntarily provide consumer information to authorities without a warrant, forces TSPs to provide subscriber data without warrant, and imposes gag orders on TSPs who comply with lawful access powers. Economic and civil rights costs are, as of yet, murky. Despite being an extremely lengthy piece of legislation, Bill C-30 lacks the specificity that should accompany serious expansions to Canadian policing and intelligence gathering powers.

In this post, I first outline a ‘subscriber data regime’ to discuss what does – and may – be entailed in accessing Canadians’ subscriber data. Second, I explain how subscriber data can be used for open-sourced intelligence gathering. Third, I argue that an administrative process of expanding subscriber identifiers is inappropriate. Finally, I articulate why warrants are so important, and why court approval should precede access to subscriber data. In aggregate, this post explicates the concerns that many civil advocates, academics, and technical experts have with access to subscriber information, why Canadians should be mindful of these concerns, and why Canadians should rebuff current efforts to expand warrantless access to subscriber information.

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