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Justice committee  That would be a misreading of PIPEDA. If law enforcement or anybody asked for information, and it's provided under paragraph 7(3)(c.1) of PIPEDA, and the customer then says “Did you hand over my information?”, the telco, the service provider, has to go to the law enforcement agen

May 6th, 2014Committee meeting

David Fraser

Justice committee  I tend to disagree with the interpretation of the statute that says lawful authority is anybody with a badge. Let me tell you what is routinely disclosed without a warrant in these sorts of cases. Many of these are reported in court cases. You just have to go the legal databases

May 6th, 2014Committee meeting

David Fraser

Justice committee  My first question when I saw it and heard the debate about it is that if this is already the law, why are we putting it in the law? It really does beg the question. It must be doing something. When you pull it apart and look at all of its different pieces, it says that you will

May 6th, 2014Committee meeting

David Fraser

Justice committee  In my view, the police should be able to obtain just about any information other than privileged information, as long as it's coupled with the appropriate judicial authorization. Absolutely.

May 6th, 2014Committee meeting

David Fraser

Justice committee  There are a whole bunch of moving parts, but without looking at it, I would agree.

May 6th, 2014Committee meeting

David Fraser

Justice committee  I believe so. Yes, I do.

May 6th, 2014Committee meeting

David Fraser

Justice committee  I don't have them in front of me, but I do believe that the general production order power, a general warrant power, and specific wiretap orders generally will cover off most information that's necessary in these circumstances. Then we have these additional ones with respect to t

May 6th, 2014Committee meeting

David Fraser

Justice committee  So if it's somebody walking down the street and—

May 6th, 2014Committee meeting

David Fraser

Justice committee  I would pick up the phone and call 911.

May 6th, 2014Committee meeting

David Fraser

May 6th, 2014Committee meeting

David Fraser

Justice committee  I do, by and large. As long as it's coupled with the appropriate judicial oversight, I think the police should have the appropriate tools to investigate crimes whether they happen online or offline.

May 6th, 2014Committee meeting

David Fraser

May 6th, 2014Committee meeting

David Fraser

Justice committee  I'm not a U.S. lawyer, but I have certainly been involved in cases in which U.S. authorities have been involved.

May 6th, 2014Committee meeting

David Fraser

Justice committee  I do. The only condition I would add to it...or “condition” isn't the right word. As it's written in Bill C-13, it allows a law enforcement officer who requires the preservation of that data to impose any conditions that officer deems fit, which gives too broad and open-ended a l

May 6th, 2014Committee meeting

David Fraser

Justice committee  Ultimately it's a matter of asking them to preserve the information so the law enforcement agency has the time and the opportunity to get the appropriate warrant, and it makes perfect sense.

May 6th, 2014Committee meeting

David Fraser