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Archive for ‘Administration of Slaw’

Online Dispute Resolution at UNCITRAL – Some Creativity Needed

The UNCITRAL Working Group on Online Dispute Resolution (ODR) meets next month in Vienna to continue discussion of model rules for international ODR. Here are the working documents for the meeting, and past meetings. .

The perspective of the project since its inception in 2010 has been to find a way to resolve high-volume, low-value disputes – not necessarily just consumer disputes, but many would be of this kind.

One of the problems has been to figure out a way to get both buyers and sellers into the ODR system, whatever it is (and there might be many such . . . [more]

Posted in: International issues, Justice Issues, ulc_ecomm_list

Facebook ‘likes’ as Protected Speech (More)

You will probably recall the litigation in the US a couple of years back about whether someone’s ‘like’ on a Facebook page was constitutionally protected ‘speech’.

An employee of a municipal sheriff had Liked the page of a candidate running against the incumbent sheriff. When the incumbent was re-elected, he fired the employee. The court of first instance held that the Like was not political expression and not protected against retaliation. On appeal, that decision was reversed – the Like was political speech – but the firing was upheld for other reasons.

The US National Labour Relations Board has recently . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

E-Filing Comes to Ontario (Gradually)

The Ministry of the Attorney General has announced an electronic filing system for the Ontario Small Claims Court. For the moment, the system is active in only a few court locations, but the Ministry intends to have it working province-wide by early 2015. In addition, the system works for statements of claim and notices of default, but not for statements of defence or settlement conference documents.

A fuller description is here.

What do you think? Does this look like a workable operation, as far as it goes? Is it the basis for a complete e-filing system (i.e. including defence . . . [more]

Posted in: Practice of Law, Technology, ulc_ecomm_list

Right to Be Forgotten – the EU Justice Commissioner Chimes In

Martine Reicherts, the Justice Commissioner for the EU, has little patience with those who express concern about the ‘right to be forgotten’ as imposed by the EU Court of Justice in May of this year (without actually using the expression itself). Here is her speech and a short but very direct summary at the outset.

As you probably know, the UK House of Lords recently issued a report describing the right as ‘misguided in principle and unworkable in practice’:

Who’s right? Will the EU hurt itself by insisting on putting internet intermediaries, especially those that do not organize content, to . . . [more]

Posted in: International issues, Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

Accessing Personal Information in Legal Opinions

A recent decision of the Court of Justice of the European Union found that the Dutch immigration authorities were not required to give a person access to a legal opinion about the person’s immigration status, though the opinion contained personal information about the person. Here is a story about the decision. Giving a summary of the personal information contained in the opinion was sufficient to comply with the obligation under the EU Privacy Directive to let people see the personal information about themselves.

Would such a request have a similar outcome in Canada, or would PIPEDA provide a separate . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

The Right to Be Forgotten vs the Streisand Effect

It has always been a challenge in suing someone for defamation that the lawsuit may draw more attention to the defamation than it had previously obtained. A fortiori in cyberspace… This seems to have happened (again) recently in France, where a restaurant’s suit against a critic whose negative review featured high in Google’s search results about the restaurant has now replaced the review in the rankings… “In typical Internet style, Google searches for the restaurant now prominently feature articles about it suing [the author].“

The exercise of a right to be forgotten in Europe under the CJEU’s ruling on the . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

Slaw Welcomes Nate Russell

I’m pleased to welcome our newest blogger at Slaw, Nate Russell. Nate will be joining our Monday team of writers.

For those of us stationed on the west coast, you may already recognize Nate as the liaison lawyer at Courthouse Libraries BC. Working with local practitioners, Nate has been involved in a number of CLBC initiatives over the years, including Clicklaw Wikibooks, CPD program development, and initiating new programs to help lawyers access research materials.

In addition to writing for the CLBC blog, The Stream, Nate is also a regular contributor to the widely respected Vancouver Bar . . . [more]

Posted in: Administration of Slaw

The Duty Not to Find …

On the heels of the European Court of Justice’s decision, discussed on Slaw here and here, to require Google to suppress links to particular web sites that had ‘irrelevant and outdated’ personal information about a complainant, and US courts’ refusal to do the same, the British Columbia Supreme Court has now gone a step further: it has ordered Google to ensure that searches for particular topics or a particular company do not find the company defendant in the action before it.

The principals of the defendant company were accused of stealing trade secrets of the plaintiff and of . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

Law Enforcement Access to ISP Subscriber Information

The Supreme Court of Canada has released its judgment in the Spencer case. It held that the police had no legal right to ask an ISP for subscriber information, as that would violate the subscriber’s reasonable expectation of privacy. The type of information that could be gleaned from the information went beyond the mere name and address into browsing practices, i.e. sensitive information in which the subscriber might reasonably expect anonymity.

The section of PIPEDA that allows custodians of data to disclose the data to law enforcement officials without telling the data subject, did not apply where the search . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

Slaw Welcomes Yves Faguy

I’m pleased to welcome Yves Faguy as a new blogger to Slaw. Yves will be joining our Thursday group of writers.

You may recognize Yves as the Senior and online editor of National Magazine, where he has also been a noticeable part of their blogging team in recent years.

Prior to working as a journalist with the CBA, Yves co-founded a Montreal-based company, Nimonik Inc., an environment, health & safety (EHS) solutions provider. He is also currently a principal at Station C, a co-working space in Montreal’s Mile End.

And of course, you can also follow him on twitter: . . . [more]

Posted in: Administration of Slaw, Announcements

Google and the Right to Be Forgotten

A Spanish citizen has compelled Google to delete links to online newspaper articles that described the person’s debt problems in the 1990s. The European Court of Justice held that the information was ‘no longer relevant’ and it thus violated the man’s privacy for it to be available through an easy search. (A Spanish court had earlier refused to require the newspaper sites to take down the information, which was perfectly true.)

So: does this ruling make any sense at all, to impose the obligations of a ‘data controller’ on a search engine?

How can the search provider know for sure . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

Search Warrants for Electronic Records

Speaking of media neutrality … a US judge has ruled that a search warrant served on Microsoft in the US required the company to divulge records stored on servers outside the US. An account of the decision is here.

The company argued that the court could authorize a search only of premises within the territory of the court’s jurisdiction. The court held that a search warrant that applied to electronic records was in the nature of a subpoena as well as a search warrant. Since MS had control of the documents, it had to turn them over.

Does this . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Technology, ulc_ecomm_list