The Privacy BlogPrivacy, Security, Cryptography, and Anonymity

Jun/14

16

Canadian Supreme Court ruling protects on-line anonymity

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Canada’s Supreme Court just released a ruling providing some protection for on-line anonymity. Specifically, the ruling requires law enforcement to obtain a warrant before going to an Internet provider to obtain the identity of a user. Previously they were free to simply approach the provider and ask (but not compel) the information.

The judges found that there is a significant expectation of privacy with respect to the identifying information, and that anonymity is a foundation of that right.

Unfortunately the case in question revolves around child pornography, which creates a great deal of passion. Much of the reaction against the decision has come from those working to protect abused children. Because the ruling has implications primarily far from child porn cases, I applaud the court in taking the larger and longer view of the principle at work.

It is important to remember that the court is not saying that the information can not be obtained. This is not an absolute protection of anonymity. This decision simply requires a warrant for the information, ensuring that there is at least probable cause before penetrating the veil of anonymity. 

Other analysis: here, here, here.

Lance Cottrell is the Founder and Chief Scientist of Anonymizer. Follow me on Facebook, Twitter, and Google+.

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