snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: ISP

SCC To Weigh In On Fees For Identifying ISP Subscribers: Rogers v. Voltage

Posted in Copyright, Litigation

One of the essential and recurring challenges of regulating unlawful conduct on the Internet—be it child pornography, harassment, fraud, data theft, content piracy, or otherwise—is identifying who is responsible.

Frequently, one can identify an IP address that is (or may be) a target of interest. IP addresses can be traced to responsible organizations, through publicly accessible registries.  However, to complete the chain back to a person generally requires the cooperation of the organization.

Commercial ISPs are in the business of providing IP addresses (and network connectivity) to their customers. So, inevitably, they find themselves on the receiving end of many … Continue Reading

Mr. Ward’s “Unreasonable” Expectation of Privacy towards Data Held by his ISP

Posted in Privacy

Is the anonymity of the Internet user unconditionally protected by the Canadian Charter of Rights and Freedoms’ legal strongbox? In R. v. Ward, 2012 ONCA 660, the Court of Appeal for Ontario determined that it is not always the case and that there are limits to an Internet users’ reasonable expectation of privacy.

In this case, Mr. Ward’s expectation of privacy in his name and address held by his Internet Service Provider (ISP) was considered “unreasonable” in the context of an investigation for crimes of possession and trafficking of child pornography.

The RCMP’s Information Request

The police, in the … Continue Reading