CSIS's ask for telecom subscriber info of possible future targets denied

CSIS's ask for telecom subscriber info of possible future targets denied
From CBC - November 29, 2017

A federal judge has rejected the Canadian Security Intelligence Service's request to obtain basic information about unknown phone and internet subscribers who may come to the spy agency's attention in future.

Federal Court Chief Justice Paul Crampton said CSIS failed to show a sufficient connection between its investigation and the people whose privacy rights would be compromised.

A public version of his top secret September rulingwith several redacted passageswas issued Tuesday.

As part of a terrorism investigation, CSIS was seeking judicial warrants for the names and street addresses of telecom subscribers and, in some cases, information relating to computer IP addresses.

The subscriber information related to telephone numbers or electronic identifiers that might one day come to the spy service's attention in the course of its probe.

In the ruling, Crampton said CSIS had not provided the court with "any understanding whatsoever" of the specific link between the service's "very broadly defined" investigations and the yet-to-be-discovered phone numbers and identifiers.

"The loosely defined 'nexus' is simply too broad and nebulous," he wrote.

Crampton acknowledged his ruling may impose a potentially significant additional burden on the spy service, as well as additional costs and delays associated with obtaining court permissions.

Given this, he said the court is "open to considering alternate approaches" that are compliant with the Charter of Rights and Freedoms.

In addition, the court did grant CSIS warrants in connection with a related request in which Crampton was satisfied the "required nexus has been described and established by CSIS."

Judge saysCSIS should 'limit its intrusion'


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