Canadian Government Buries “Lawful Access” Provisions in New Border Bill

a year ago

The Strong Border Act (Bill C-2) includes provisions for warrantless access to Internet subscriber data, unrelated to border security.
Canadian law enforcement has long sought lawful access legislation, facing opposition from the Supreme Court and public.
Previous attempts at lawful access bills (e.g., Bill C-30, Bill C-13) were met with criticism and legal challenges.
The Supreme Court ruled in 2014 (Spencer decision) that there is a reasonable expectation of privacy in subscriber data.
Bill C-2 introduces 'information demands' allowing law enforcement to request subscriber data without court oversight.
The bill also includes global production orders for subscriber information, applicable to foreign entities.
New rules target 'electronic service providers' (ESPs), requiring them to assist law enforcement in accessing data.
Core providers will face additional regulations, including direct access for law enforcement to their systems.
The bill raises significant privacy and civil liberties concerns, likely to face legal challenges.
Critics argue lawful access provisions should be debated separately, not hidden in unrelated legislation.

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