Wiretap order needed to seize text messages, SCoC rules

[oneh2obabe]

Judgment overturns lower court ruling against Telus

CBC News
Posted: Mar 27, 2013 10:00 AM ET
Last Updated: Mar 27, 2013 9:58 AM ET

Police need a wiretap order to seize text messages from your wireless provider, Canada's highest court has ruled.

The judges of the Supreme Court of Canada ruled 5-2 in favour of Telus Communications on Thursday, overturning a lower court ruling that required the company to hand over copies of two of its customers' text messages after it was served with a general warrant.

Telus had appealed the ruling. It argued that seizing the messages would constitute "interception" of the communication and would therefore require a wiretap warrant, which is more difficult to get than a general warrant due to special privacy provisions in the Criminal Code protecting private communications.

http://www.cbc.ca/news/technology/story ... ision.html

[KL3-Something]

The article above is misleading. But I guess that's what you get when the priority is reporting it first as opposed to accurately.

They have since updated their story in the link with more accurate information.

[oneh2obabe]

Wasn't home when the article was updated but there was nothing stopping you from providing the link.

http://www.cbc.ca/news/technology/story ... ision.html

[cutter7]

This is good news!

[KL3-Something]

Wasn't home when the article was updated but there was nothing stopping you from providing the link.

http://www.cbc.ca/news/technology/story ... ision.html

Oh no. Not what I meant. Your original link directs to the same story. But when you first posted they were in such a hurry to be first that they skimped on the accuracy of the information.

Just a criticism of the fast-food media we have these days.

I'm ok with the decision (not that anyone would really have a choice in the matter). It makes sense.

[Donald G]

It is unfortunate that most taxpayers do not know and will likely never have cause to find out the resource requirements of the police as they apply to a General Search Warrant rather than a Wiretap. Start with the fact that almost any police officer has the knowledge to compile and type out an application for a search warrant.

A wiretap application on the other hand MUST be handled by a specially appointed Agent or lawyer. To get a wire tap the police must not only identify every aspect of the investigation IN MINUTE DETAIL that has taken place to date but must also clearly show that EVERY OTHER MEANS OF INVESTIGATION HAS BEEN TRIED AND HAS FAILED or that every other means of investigation is likely to fail ... an immensely time and resource consuming task. Many such applications (that can run to 100 pages long), although overseen by a special federally appointed lawyer and signed by a Judge' are often NOT ACCEPTED INTO EVIDENCE BY THE TRIAL JUDGE OR APPEAL COURT JUDGE.

Having been involved in submitting several such applications in years past I would estimate that whereas one officer can research and obtain a Normal (CC) or Narcotic (F&DA) in about half a day a full Wiretap Authorization Application can take 10 or 12 officers 2 or three weeks to justify within the terms laid down by law.

Added file loads from situations like this are directly responsible for the police accumulating file loads that are beyond their ability to handle.

[Liquidnails]

So that's good, right?

[cutter7]

Don't let this decision lull you into a false sense of security , just because a wiretap order is needed does not mean the powers that be are not looking at your messages.

I remember a few years back in a small town I lived in ,evidence being given during a murder trial showed that police had 120 illegal phone taps.

[the truth]

good, if that means a murderer went to jail because of it, i am ok with that
but your all about the bad guys going free

[cutter7]

good, if that means a murderer went to jail because of it, i am ok with that
but your all about the bad guys going free

Just a reminder to some of our slower thinking friends to always watch what you say when talking on the phone, what you say on the internet... you are being monitored.

[the truth]

who cares if there watching.i do not
if you are not making drug deals or whatever on your phone, and not downloading crap from the internet that you should not.
they have other people to look out for,not some average joe doing nothing wrong

[WhatThe]

good, if that means a murderer went to jail because of it, i am ok with that
but your all about the bad guys going free

So what's the deal? You don't care about your rights, don't understand them or what it costs to keep them?
If I had to make a guess all three because people that do understand don't fork their rights over on whims like you do.

[Dizzy1]

good, if that means a murderer went to jail because of it, i am ok with that
but your all about the bad guys going free

Ah, but if the police were using illegal wiretaps, there's the chance the case has been/could be thrown out or used in favour of the guilty in sentencing.

[Donald G]

To cutter7 ...

I am at a complete loss regarding your comment about the "120 illegal wire taps that you allege that you somehow became aware of in your small town". Either I do not understand what you mean when you refer to a wiretap or your information is grossly inaccurate. Do you not know that it would take a semi trailer full of electronics and two busloads of operators, intercept people and transcribers working for a months, if not years to set up, operate and take down 120 wiretap lines ... MILLIONS OF DOLLARS.

[Omnitheo]

who cares if there watching.i do not
if you are not making drug deals or whatever on your phone, and not downloading crap from the internet that you should not.
they have other people to look out for,not some average joe doing nothing wrong

Where do you live Truth? What colour is your car? How old are you? How much alcohol do you drink? what sorts of things are your friends into? Ever been to the strip clubs? Do you smoke tobacco? Ever smoked anything else? What are your favourite shows on TV? Are any of these things r rated? Have you ever fantasized about hurting someone? Who do you talk to on the phone?

You have no problem answering any of these things right? You have nothing to hide.