The Supreme Court of Canada decided late last week in R v
Spencer1 that when police demand basic subscriber
information held by telecom service providers and ISPs be provided
without a warrant, such activity constitutes a search and police
cannot rely upon their general investigative powers under s.
487.014 of the Criminal Code or the lawful authority
exception provided in s. 7(3)(c.1)(ii) of the Personal
Information Protection and Electronic Documents Act as
authorizing such disclosure.
Writing for the court, Justice Cromwell stated that,
"Disclosure of this information will often amount to the
identification of a user with intimate or sensitive activities
being carried out online, usually on the understanding that these
activities would be anonymous. A request by a police officer that
an ISP voluntarily disclose such information amounts to a
search." As a result, police will now require a warrant to
obtain subscriber information (except in exigent circumstances)
