this post was submitted on 02 Mar 2024
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This is the best summary I could come up with:
The court's decision is based on the case of Andrei Bykovets, who was convicted of 14 online fraud offences, for purchases made from an Alberta liquor store.
In 2017, the Calgary Police Service investigating the alleged crime discovered that the store's online sales were managed by Moneris, a third-party payment processing company.
At trial, Bykovets argued that he was the victim of an unreasonable search and seizure, a violation of Section 8 of the Charter of Rights and Freedoms, because he had an expectation of privacy with respect to his IP address.
"It would be inconsistent with a functional approach to defining the subject matter of the search to effectively hold that any step taken in an investigation engages a reasonable expectation of privacy," the dissenting opinion said.
"The idea that Canadians wouldn't have an expectation of privacy in their IP addresses is a very scary proposition for us and we are glad that the court recognized the importance of going the other way on this one," Jack told CBC News.
Kerry Shima, acting officer in charge of Alert ICE, the internet child exploitation unit for Alberta, told CBC News that "in virtually every case" an IP address "kick-starts" their investigations.
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