Okay.
We don't see a provision here that concerns metadata from web surfing. To our knowledge, that kind of evidence is obtained by seizing a computer and forensically examining it, and that is well covered by other law outside of this bill.
With respect to the standard of recklessness in the offence provision, the word “knowingly” appears twice in the provision. In criminal law, the word “knowingly” includes wilful blindness, and that is the standard that we would like to see. Wilful blindness occurs when one knows that there was probably no consent to distribution of the image, but one goes ahead anyway. It's a higher standard of knowing that there was probably no consent. The word “knowingly” alone imports that concept of wilful blindness.
With respect to reasonable submission, you've heard from other witnesses how that standard applies to the earlier stages of an investigation where there is a lower expectation of privacy in the data, for example in—we would say—transmission data. We totally agree that the higher standard of reasonable grounds should apply to the later stages of an investigation, and with material for which there is a greater expectation of privacy.
Under these provisions, with respect to the lack of public knowledge of what data is seized, production orders and warrants are all obtained by means of an information to obtain, ITO, the order or warrant. The information to obtain may be dozens of pages long, or hundreds of pages long, and is filed in the court registry. There is a presumption of public access, although there may be a sealing provision for the duration of the investigation. For these judicially authorized measures there is an enormous public record, but we agree that public knowledge of how information is subsequently retained is a problem area. People do not know what happens to their data after an investigation has concluded. There is simply no provision for that in either the existing code or in the amendments.