This report examines algorithmic technologies that are designed for use in criminal law enforcement systems, including a human rights and constitutional law analysis of the potential use of algorithmic policing technologies.

This report provides an in-depth legal and policy analysis of technology-facilitated intimate partner surveillance (IPS) under Canadian law. Stalkerware apps are designed to facilitate remote surveillance of an individual’s mobile device use with the surveillance often being covert or advertised as such. Despite increasing recognition of the prevalence of technology-enabled intimate partner abuse and harassment, the legality of the creation, sale, and use of consumer-level spyware apps has not yet been closely considered by Canadian courts, legislators, or regulators.

This report was collaboratively written by researchers from computer science, political science, criminology, law, and journalism studies. As befits their expertise, the report is divided into several parts, with each focusing on specific aspects of the consumer spyware ecosystem, which includes: technical elements associated stalkerware applications, stalkerware companies’ marketing activities and public policies, and these companies’ compliance with Canadian federal commercial privacy legislation.

However, the NEB’s failure to address any of the questions in the Citizen Lab’s letter is unfortunate, as making such information available would be in the public interest even if the NEB has decided not to move forward with its initial request for information.