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Archive for ‘ulc_ecomm_list’

Domain Name Is Property in … All of Canada

The Supreme Court of Canada has refused leave to appeal the decision of the Ontario Court of Appeal in v Lojas Renner 2011 ONCA 548

That decision had held that could bring an action for a declaration of its rights to a domain name in an Ontario court, on the ground that the dispute involved “real or personal property located in Ontario”. In this case, was the registrar and the owner of the domain name Renner. com. The other party was a Brazilian company that owned the trade mark ‘Renner’ (though not apparently in Canada.)

The Court . . . [more]

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

Ontario Bill to Amend the Electronic Commerce Act

A private member’s bill, Bill 96, the Electronic Commerce Amendment Act, 2012, was introduced on May 17, 2012, to amend Ontario’s Electronic Commerce Act.

The bill does three things:

i) It repeals the exclusion of land transfers from the E-Commerce Act (paragraph 31(1)(d) of the Act, s. 2 of the Bill).

ii) It requires for a land transfer that is electronically signed, that

in light of all the circumstances, including any relevant agreement, the purpose for which the document is created and the time the electronic signature is made,

(a) the electronic signature is reliable for the

. . . [more]
Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Seizing Social Media Information in a Criminal Case

We have discussed on Slaw the mandatory disclosure of information from Facebook pages in civil litigation, and the disclosure of FB passwords to prospective employers. I do not believe that we have discussed the disclosure of information from FB in the course of a criminal investigation.

A German court has recently ordered disclosure of the content of private messages and pictures from a suspect’s FB pages. A write-up of the case appears in International Law Office.

Is this just another search warrant for a computer? Would courts where you are have any difficulty with an application for such a warrant? . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Are Retweets Endorsements?

Should you put a disclaimer on your re-tweets (or on your Twitter profile) that your retweeting does not necessarily mean your endorsement of the content of the message so distributed?

Here is an article suggesting that disclaimers are not a bad idea. Associated Press has recently warned its journalists about this, and suggested that a mere disclaimer may not be enough. The article goes into blogger endorsements under the recent FTC policy on that topic too.

Can readers of your retweet figure out when your ‘no comment’ is an ironic dismissal of the content, rather than a neutral retransmission? Would . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

Enforcing Facebook’s Click-Through Contract

Here’s a good review of the law on shrink-wrap, click-through and ‘browse-wrap’ contracts . I expect the law of New York is much like the law in at least common law Canada on the topic. The comment is inspired by a recent dispute about Facebook’s ability to enforce its forum-selection clause. The author says that most lawyers would have thought that FB’s sign-up process was ‘bullet-proof’, but the court still made a thorough analysis of it.

The process required the person signing up to click on the terms of service to see them, In other words, the assent to those . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Can a Google Search Suggestion Be Defamatory?

The Paris court of appeals has decided that a suggested search query generated by the Google Suggest function defamed the company whose name was first entered into the search box. This feature works by displaying the most popular searches performed by other Google searchers associated with the text typed into the search box. So Google doesn’t decide what is displayed; its machines just count and show.

Turns out that one of the most popular associations with the name of the plaintiff company was ‘escroc’, which in French means crook or swindler.

Is this a kind of ‘crowd-sourced’ defamation? What can . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Privacy and the Receipt of Personal Information From EU Countries

The EU privacy directive (1995 version – I gather that it is being revised, though I don’t know on what timetable) provides that member countries may not release personal information outside the EU unless the recipients are bound by equivalent safeguards for privacy.

While the US has a ‘safe harbor’ agreement with the EU about criteria for judging when the protections are equivalent, Canada does not. On the other hand, we have a generally applicable privacy law (PIPEDA) and some provincial equivalents, plus personal health information laws in most provinces. Are they enough to permit the personal information to come . . . [more]

Posted in: Substantive Law: Foreign Law, ulc_ecomm_list

Seasonal Disclaimers – and Copyright?

‘Tis the season for law firms (and no doubt others) to send out season’s greetings by email, most often accompanied by the usual wordy and sometimes bilingual notices that the content of the email may be confidential, privileged and subject to diverse prohibitions that we are more or less politely admonished to comply with.

Here’s a typical, though polite, version (French omitted):

CONFIDENTIALITY NOTICE: The contents of this electronic mail message are confidential and strictly reserved for the sole use of its intended recipients. This message may contain information protected by the solicitor-client privilege. If you receive this message in

. . . [more]
Posted in: Practice of Law, Technology: Internet, ulc_ecomm_list

Internet Defamation – Worse Than Other Media?

We read from time to time that Internet defamation is worse than that in other media because of its global reach and persistence over time. Thus the Ontario Court of Appeal in Barrick v Lopehandia 2004 CanLII 12938 issued an injunction against further defamation, in part because of the Internet’s character as “potentially a medium of virtually limitless international defamation” (the Court quoted Matthew Collins, The Law of Defamation and the Internet.) The court (by majority) also increased fivefold the damages awarded at trial, for similar reasons.

Recently the British Columbia Supreme Court granted ex parte injunctions against publication . . . [more]

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

Browsewrap “Contract” Upheld in Canada

The British Columbia Supreme Court has recently given judgment for Century 21 Real Estate company against a company (affiliated with Rogers Communications) that scraped real estate listing information from the Century 21 sites and repackaged it on its own site: Century 21 v Rogers Communications 2011 BC 1196 .

The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a ‘browsewrap’ contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

Hacking Into Bank Accounts – What Is the Bank’s Responsibility?

A U.S. court has decided that a bank whose client lost money because someone hacked into its account and transferred funds out of it, was not liable to the client because the bank had used ‘commercially reasonable’ security. The case is described on the Goodwin Proctor website. The lengthy decision of the Judge Magistrate in Patco Construction v People’s Bank, later upheld, is available online. .

Is this the right standard of care for negligence? Does it matter that the bank is regulated strictly under the Bank Act? Does it matter that the U.S. bank could . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, ulc_ecomm_list

Authentication of Electronic Records – Some Recent Developments

Canadian and American courts (and others) have been making pronouncements about the reliability of electronic documents for various purposes, not all of them equally persuasive, and the Canadian ones more sceptical than the American courts — perhaps only because of the facts before them.

Comments welcome on any of these cases: were they rightly decided? Do they suggest gaps in legislation? . . . [more]

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