A Proposal for Police Acquisition of ISP Subscriber Information on Administrative Demand in Child Pornography Investigations

Abstract

The Supreme Court of Canada concluded in R v Spencer that police acquisition of subscriber information from an internet service provider engages a reasonable expectation of privacy. Although this conclusion is principled, it has also resulted in significant obstacles for police investigating child pornography offences. Applying for a production order is not, however, the only option that would pass constitutional muster. By focusing on the way in which information is revealed when combining internet subscriber information with a user’s Internet Protocol address, it is possible to significantly mitigate the seriousness of any invasion of privacy. This in turn can be used to justify significantly lower requirements for police conducting investigations into at least some online crimes.

JEL Classification: K14; K41