tag:blogger.com,1999:blog-6273930.post19341724196115285..comments2024-03-08T07:29:54.585-04:00Comments on Canadian Privacy Law Blog: The debate about warrantless access to ISP customer informationprivacylawyerhttp://www.blogger.com/profile/03943567746055311435noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6273930.post-70795624703846414192009-10-11T15:38:18.343-03:002009-10-11T15:38:18.343-03:00It's nice to finally see a judge acknowledge h...It's nice to finally see a judge acknowledge how troubling it is that a small number of ISPs can effectively change the application of s.8 through non-negotiable and little read TOUs.<br /><br />Ironically, if C-47 passes, I don't think they'll be able to rely on TOUs any longer under s.8. The TOUs will be amended to reflect the law, and knowledge of the law is always implied, so I do not see how the situation will be any different from any other s.8 case, TOU or no TOU. <br /><br />The subjective expectations of individuals will be analyzed without reference to TOUs at all, and the courts have been pretty consistent in holding there -is- a high and reasonable expectation of privacy in CNA data (except for 1: R. v. Friers, [2008] O.J. No. 5646).TInoreply@blogger.com