DPI and Canadians’ Reasonable Expectations of Privacy

canadasupremecourt[Note – I preface this with the following: I am not a lawyer, and what follows is a non-lawyer’s ruminations of how the Supreme Court’s thoughts on reasonable expectations to privacy intersect with what deep packet inspection (DPI) can potentially do. This is not meant to be a detailed examination of particular network appliances with particular characteristics, but much, much more general in nature.]

Whereas Kyllo v. United States saw the US Supreme Court assert  that thermal-imaging devices, when directed towards citizens’ homes, did constitute an invasion of citizens’ privacy, the corresponding Canadian case (R. v. Tessling) saw the Supreme Court assert that RCMP thermal imaging devices did not violate Canadians’ Section 8 Chart rights (“Everyone has the right to be secure against unreasonable search or seizure”). The Court’s conclusions emphasized information privacy interests at the expense of normative expectations – thermal information, on its own, was practically ‘meaningless’ – which has led Ian Kerr and Jena McGill to worry that informational understandings of privacy invoke:

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