How private is your internet address? Very, says the Supreme Court of Canada.
Police can’t just walk into a company and demand a suspect’s IP address by saying a Canadian resident doesn’t have an expectation of privacy of that information, the court ruled today. An IP address is vital enough that every resident expects it to be private, and it can’t be handed to police without a court order, the nation’s top court concluded.
“If s. 8 of the Charter [which says everyone has the right to be secure against unreasonable search and seizure] is to meaningfully protect the online privacy of Canadians in today’s overwhelmingly digital world, it must protect their IP addresses,” the court ruled in a 5-4 decision. “An IP address is the crucial link between an internet user and their online activity. Viewed normatively, it is the key to unlocking a user’s internet activity and, ultimately, their identity. Thus, an IP address attracts a reasonable expectation of privacy.”
Here’s the background: In 2017, Calgary police investigating fraudulent online purchases at a liquor store demanded a credit card processor hand over IP addresses for certain transactions. With the two IP addresses, police then got a production order from a judge compelling Telus to disclose the name and address of its customers at each IP address. Using this subscriber information, police got search warrants which led to a person being arrested and ultimately convicted of 14 offences.
The accused was convicted at trial, a decision upheld by the Alberta Court of Appeal. Both courts reject ..
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