Comments on: The Debate About Warrantless Access to ISP Customer Information http://www.slaw.ca/2009/10/09/the-debate-about-warrantless-access-to-isp-customer-information/ Canada's online legal magazine Thu, 09 Feb 2012 23:12:15 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Anonymous http://www.slaw.ca/2009/10/09/the-debate-about-warrantless-access-to-isp-customer-information/comment-page-1/#comment-707521 Anonymous Fri, 09 Oct 2009 17:13:02 +0000 http://www.slaw.ca/?p=13146#comment-707521 I note that in all of the cases you cite, the police admitted that it would have been possible to obtain a warrant. They simply chose not to because they had an agreement with the ISP whereby the ISP would overlook the requirement for a warrant. I see this as related to R. v. Chehil, where the judge expressed discomfort at a "cozy relationship" between the police and a corporation which was designed to circumvent judicial scrutiny of searches. In the digital era, as more & more of our information is handed over to corporations in order to participate in the necessities of life, I worry that these corporations, and not judges, will serve as the check on abuse of police power. Corporations are not well-positioned to balance the interests involved. I note that in all of the cases you cite, the police admitted that it would have been possible to obtain a warrant. They simply chose not to because they had an agreement with the ISP whereby the ISP would overlook the requirement for a warrant.

I see this as related to R. v. Chehil, where the judge expressed discomfort at a "cozy relationship" between the police and a corporation which was designed to circumvent judicial scrutiny of searches. In the digital era, as more & more of our information is handed over to corporations in order to participate in the necessities of life, I worry that these corporations, and not judges, will serve as the check on abuse of police power. Corporations are not well-positioned to balance the interests involved.

]]>