On the warrant question, I think both Craig and Kent testified about how this is infirm in relation to section 8, to the extent that it connects to criminal law enforcement. In my other life, I defend and occasionally prosecute on the crime side. I would say that this bill needs to be amended in some way to preserve section 8 rights in the criminal prosecution realm, and there should be a requirement that a warrant be obtained.
What I'm concerned about is a factual situation in which at the national security joint operations centre, they're on somebody. They think there may be some information sitting in one of these 17 agencies or one of the hundred-and-some agencies. They pick up the phone, call down, and say, “Do you know anything about this guy Blogs?”, and the answer is, “Yes, we do.” They say, “Okay, I'm going to make a request.” Then they make a request and they get the information that way, rather than through a warrant.
I don't want it to be misused. I would want the warrant requirement to be preserved here. You can foresee that there will be litigation on that question, so why not just cross it off now?