The Supreme Court of Canada has ruled that police conducted an unconstitutional search when they used an IP address to obtain subscriber information from an Internet Service Provider without legal authorization. The Court also found Canada’s personal information protection law does not require ISPs to disclose subscriber information to law enforcement. In its analysis, the Court described information privacy as "control over, access to and use of information." The Court stressed that "anonymity may be the foundation of a privacy interest that engages constitutional protection against unreasonable searches and seizures." Two recent opinions from the European Court of Justice have firmly established the right of information privacy law in EU law. EPIC has urged the US Supreme Court to recognize the right of information privacy and also to safeguard the right of anonymity. For more information, see EPIC: NASA v. Nelson, EPIC: Watchtower Bible v. Stratton, EPIC: Internet Anonymity and EPIC: Search Engine Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler