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David Fraser opposes warrantless access to internet users' information

David Fraser opposes warrantless access to internet users' information

A Halifax privacy lawyer says the head of the RCMP is either "ignorant or disingenuous" to call for warrantless access to internet users' subscriber information.

"The Supreme Court of Canada says you and I have a right to anonymity online. We can choose to identify ourselves, we can choose not to identify ourselves," David Fraser said Thursday.

"The Supreme Court of Canada said you have a reasonable expectation of privacy associated with your internet activity. And that's that."

On Wednesday, RCMP commissioner Bob Paulson said a recent court ruling curtailing the flow of basic data about customers — such as name and address — has "put a chill on our ability to initiate investigations," into child predators and other online criminals.

He told a security conference in Ottawa that police should have warrantless access to subscriber information, comparing it to using licence-plate data to find a vehicle owner's name.

'Ignorant or disingenuous'

Fraser rejected his comments.

"What I find really frustrating about this is that is either ignorant or disingenuous. You can't be the chief of Canada's federal police service and not understand what the Supreme Court of Canada has said about the most important law that we have in Canada, which is the Charter [of Rights and Freedoms]. "

Fraser said the Canadian Chiefs of Police have submitted a proposal containing the initiative to the Department of Justice and the Department of Public Safety, but won't provide it to him

Fraser does agree that obtaining warrants can be made more efficient.

"I'm all in favour of that. In fact, I don't mind if you lower the threshold in reasonable grounds from 'believe' to something lower, like 'suspect,' for example. But link it to an actual crime."

Police have options

He said he doesn't think scrapping warrants all together will find favour with the Canadian public.

"That is exactly what they proposed in Bill C-30 which was roundly shot down. Canadians actually rose up and said, 'No, this is not OK.'"

Fraser rejected Paulson's statement that police can't do their jobs properly without unfettered access to online customer data.

"The fact that I have a lock on my front door ... makes their jobs more difficult. They don't even have to go to judges, they can go to justices of the peace. There are judges and justices of the peace, standing by 24-7, sitting next to a telephone, ready to issue telephone warrants."