By: Jamaal Myers
In R v Telus Communications Co. police officers attempted to retrieve text messages stored in the computer database of Telus, a Canadian phone company, under a general warrant. Telus, in response to the request, argued that in order to produce the text messages, police must first acquire a wiretap authorization as opposed to a general warrant as required under Part VI of the Criminal Code of Canada. It reasoned that the production of text messages from its database constituted an “interception of private communications.” The Government, in response, countered that such a request was not an “interception of private communications” because the messages were not being transmitted on the Telus database, but rather they were just stored there. The Supreme Court rejected the Government’s reasoning.
Writing for the majority, Justice Abella held that:
“The only practical difference between text messaging and the traditional voice communications is the transmission process. This distinction should not take text messages outside the protection of private communications to which they are entitled in Part VI. Technical differences inherent in new technology should not determine the scope of protection afforded to private communications.”
This decision contrasts to actions concerning digital privacy currently underway in the United States. Currently, the Communications Assistance for Law Enforcement Act allows the government to force phone companies to install surveillance equipment on their networks. However, the Act does not compel phone companies and wireless providers to mandate surveillance of real-time communications such as Gmail chat. Andrew Weissman, FBI general counsel, has stated that gaining the power to wiretap all forms of Internet conversations and cloud storages is a “top priority” for the Bureau in 2013.
The full text of R v Telus Communications Co. can be found at:
http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/item/12936/index.do
Ryan Gallagher’s of Slate.com discusses the FBI’s plan in FBI Pursuing Real-Time Gmail Spying Powers as “Top Priority” for 2013. It can be found at:
http://www.slate.com/blogs/future_tense/2013/03/26/andrew_weissmann_fbi_wants_real_time_gmail_dropbox_spying_power.html