Archive for September, 2012

Computer and Internet Law Weekly Updates for 2012-09-30

September 30th, 2012
  • Fisheries Canada asked Google to sink recording of internal coast guard meeting #
  • New post: Computer and Internet Law Updates for 2012-09-23 #
  • New post: Computer and Internet Law Weekly Updates for 2012-09-23 #
  • Ontario Information Privacy Commissioner blesses cross-border outsourcing of province's hunting and fishing license system… #
  • New paper on ISP liability: how to reconcile US and EU approaches? #
  • Microsoft launches Google-is-evil campaign targeted at Safari users #
  • Cloud computing compliance an issue at banks #

Computer and Internet Law Updates for 2012-09-29

September 29th, 2012

Privacy protects anonymity in cyberbulling case says Supreme Court

September 28th, 2012

The Supreme Court released its reasons in the A.B. v. Bragg Communications Inc., 2012 SCC 46 case yesterday. The main issue in the case was whether the privacy interests of a child to keep her identity anonymous in legal proceedings outweighed the open court principle.

The case arose from a 15-year-old girl finding out that someone had posted a Facebook profile using her picture, a slightly modified version of her name, and other particulars identifying her. Accompanying the picture was some unflattering commentary about the girl’s appearance along with sexually explicit references. The page was removed by the internet provider later that month.

Computer and Internet Law Updates for 2012-09-28

September 28th, 2012


  • iPhone 5, LTE networks tighten squeeze on Wind, Mobilicity #
  • RIM shares climb as BB10 inspires fresh hope #
  • Copyright issue gets louder at live concerts – India #
  • 7 Retailers Settle with FTC, Agree to Stop Spying on Up to 400,000 Computer Rental Customers #
  • Defending the First Amendment in the 21st Century #
  • Good review of electronic contracting Schnabel v. Trilegiant Corp., 2012 U.S. App. LEXIS 18875 (2d Cir. 2012 #
  • Computer and Internet Law Updates for 2012-09-27

    September 27th, 2012

    When a tweet crosses the line

    September 26th, 2012

    I can’t figure this one out. I’m a lawyer, not a psychologist.

    After the Supreme Court of Canada released its decision in the Access Copyright case, two academics, Michael Geist and Ariel Katz, stepped up their attacks on Access Copyright.

    Michael Geist claimed that the Supreme Court’s decision eviscerated Access Copyright’s business model. In a reply blog post I showed this claim did not stand up to scrutiny.

    Computer and Internet Law Updates for 2012-09-26

    September 26th, 2012

    Computer and Internet Law Updates for 2012-09-25

    September 25th, 2012

    Even more on Access Copyright and the Supreme Court: eviscerated or not?

    September 24th, 2012

    My mother warned me to be suspicious when people give gratuitous compliments. So, I read with some suspicion the recent blog post by Ariel Katz, who responded to my post Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist, generously calling me a “well experienced lawyer” and a “smart well-trained lawyer”.[[1]]

    In that post I argued that Michael Geist’s claim that the Supreme Court’s decision eviscerated Access Copyright’s business model did not stand up to scrutiny. I pointed out that his assertions completely ignored the teachings of the Supreme Court that whether something is a fair dealing is a question of fact and that his claims were not based on any analysis to demonstrate why the Supreme Court decision had the effects he claimed.

    Canada a country in copyright transition says US Congressional anti-piracy caucus

    September 24th, 2012

    Last week, The US Congressional International Anti-Piracy Caucus published its 2012 International Anti-Piracy Caucus Country Watch List. Canada, which had previously been on the watch list, has now been reclassified along with Spain as a country “in transition”. According to the report, “Both Canada and Spain have taken positive steps towards putting in place a stronger legal framework for the protection of copyright, and as such we have included them this year as countries in transition to acknowledge the progress made, while urging both to follow through strongly on their commitments.”

    Canada’s progress was described by our most important trading partner as follows: