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Right, I'm saying afaik in Canada the police don't have a right to smash down your door only based on an IP address. This is different from the US where an IP a
by nikisweeting 6y ago
Right, I'm saying afaik in Canada the police don't have a right to smash down your door only based on an IP address. This is different from the US where an IP address is enough probable cause to get a search warrant.
See USA:
- https://www.mjpetro.com/search-and-seizure/search-warrant-attorney-chicago/ https://www.mjpetro.com/search-and-seizure/search-warrant-at...
vs Canada:
> Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.
> The Notice and Notice regime does not impose any obligations on a subscriber who receives a notice and it does not require the subscriber to contact the copyright owner or the intermediary.
- https://ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html https://ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html
- https://www.mccarthy.ca/en/insights/blogs/snipits/you-can-stay-anonymous-scc-recognizes-privacy-interest-protecting-anonymity-internet https://www.mccarthy.ca/en/insights/blogs/snipits/you-can-st...
- https://apanewslaw.wordpress.com/2014/06/17/the-supreme-court-of-canada-has-ruled-that-we-need-a-warrant-to-obtain-subscriber-information-matching-to-an-ip-address-from-an-internet-service-provider/ https://apanewslaw.wordpress.com/2014/06/17/the-supreme-cour...
But IANAL, please correct me if I'm wrong here.
- kcolford 6y agoFor child porn it is still grounds for a search warrant. Which they'll execute and return your stuff after not finding anything (six months later minimum). Notice and notice is about copyright infringement only. It's just a pretty toothless way to intimidate. If they were actually going to do something then they would use notice and notice to serve you a summons to court. In that case it's either small claims, where you don't need a lawyer and the judge will help you if the other side uses one, or it's full court where the loser pays the all the winner's costs. So as long as you're on the right side of the law, it actually doesn't cost anything if you get sued (no filing fees as the defendant). Whether or not you're actually liable in this situation is going to have to be answered by a real lawyer.
- nikisweeting 6y agoThanks, good info.