Thank you.
Evidence of meeting #29 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was facebook.
A video is available from Parliament.
Evidence of meeting #29 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was facebook.
A video is available from Parliament.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Ms. Zwibel, are you familiar with the report of the Cybercrime Working Group of individuals representing each of the provincial and territorial attorneys general?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
I am.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
And you're familiar with the recommendations in that report?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Yes.
12:50 p.m.
Conservative
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
It's been a while since I looked at it, but I know that one of the recommendations resulted in the proposal to create this new offence of the non-consensual distribution of intimate images. As I said earlier, it's not the creation of that offence in itself that's problematic, but in our view, the way it's been drafted.
I think the recommendations also did speak to increased investigative powers, which are in the bill—
12:50 p.m.
Conservative
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
No. I took issue with a number of them in my presentation earlier. We're concerned about the reasonable suspicion standard for some of the—
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
So your organization disagrees with the recommendations of the Cybercrime Working Group in that regard?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Yes, in that regard.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Thank you.
You mentioned the so-called immunity provision in 487.0195. Are you familiar with section 25 of the Criminal Code?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
I am.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
It provides some measure of protection for those who cooperate with law enforcement.
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Yes. The wording of section 25—I know that this has come up in other—
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Can I ask you one more question? I think it's relevant.
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Sure.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Are you familiar with the case of R. v. Ward and the Ontario Court of Appeal decision by Justice Doherty?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Yes, I know the case that you're talking about.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Taken together, section 25 and that decision by Justice Doherty in the Ontario Court of Appeal, do you agree that this provide some immunity to Internet service providers and others who are asked by police to voluntarily disclose basic subscriber information such as the name and address of...?
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
My answer is that it depends. The basic subscriber information that would be given in exchange, for example, for a listed phone number is the kind of information that you would expect to find in a phone book and that individuals generally expect to be publicly available. When you have a request that's made by law enforcement to an Internet service provider, a telecom company, and the seed of the request is an IP address, an Internet protocol address, then you're asking for subscriber information. In my view, that reveals more than what's publicly available. That reveals the places that you're going on the Internet, the sites that you're visiting.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
But not any content, or images, or anything of that nature.
12:50 p.m.
Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Not content or images, but if you know the site that someone's been to, you can gather what the content is on that site.
12:50 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Thank you.
Can I ask you, Ms. Bickert, for your interpretation of what the IP address discloses? If Facebook asks for that information, what do you think you're disclosing to police?