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Archive for ‘ulc_ecomm_list’

EU Web Businesses Must Have Phone Numbers or Fast Contact Forms

According to Out-Law.com this morning:

Companies have to provide a means of contact on their websites in addition to their postal and email addresses, the European Court of Justice has ruled. A telephone number, or a contact form that is answered within 60 minutes, were deemed acceptable.

This holding flows from the E-Commerce Directive, which says that companies:

“shall render easily, directly and permanently accessible to the recipients of the service and competent authorities, at least the following information:

(a) the name of the service provider;

(b) the geographic address at which the service provider is established;

(c)

. . . [more]
Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

Disclosing Encryption Keys and IP Addresses

European courts have had something to say lately about whether disclosing encryption keys would amount to self-incrimination, and whether disclosing an IP address involved an undue disclosure of personal information.

An English court (R. v. S and A [2008] EWCA Crim 2177) held that compulsory disclosure of an encryption key was not improper. Out-Law.com has the story:

“In this sense the key to the computer equipment is no different to the key to a locked drawer,” said the judge. “The contents of the drawer exist independently of the suspect: so does the key to it. The contents may

. . . [more]
Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list

Encrypting Personal Information

The states of Nevada and now Massachusetts require that holders of personal information must encrypt that information. Nevada imposes this requirement on businesses with respect to some kinds of information — names associated with social security numbers or various other kinds of access codes. Massachusetts imposes the requirement on everybody and applies it to storage on mobile devices and transmission through open networks.

A memo by the Chicago firm of Wildman Harrold describes both laws and gives citations.

Do we need this kind of rule in Canada? PIPEDA and its provincial counterparts require holders of personal information to keep it . . . [more]

Posted in: Administration of Slaw, Substantive Law, Technology, ulc_ecomm_list

Cell Phones, Location and Privacy

Two stories on cell phones, with a question or two:

1. An article from London Review of Books (“Short Cuts” by Daniel Soar) on how cell phone location records and use records can categorize the users — for marketing, for finding terrorists (or people who may be terrorists …), etc.

Is there a cure for this, besides just using land lines? Or is it a problem, rather than an opportunity?

2. A judicial decision in US district court [opinion of Magistrate Judge | order on appeal] saying that the state needs reasonable and probable grounds before . . . [more]

Posted in: Administration of Slaw, Substantive Law, Substantive Law: Judicial Decisions, ulc_ecomm_list

Can Wikipedia Be a Source of Evidence?

Badasa v. U.S.: Here’s a US immigration case in which the US government offered information from Wikipedia to support its argument about the status of Ethiopian travel documents. The appeals court eventually found that this was not a good source of evidence, and sent the matter back for reconsideration.

ArsTechnica has the story.

Does this sound right to you? Would a print encyclopedia be any better?

I don’t see in this story any concern about the hearsay nature of the evidence — like that of any website, pretty well, surely — though that might depend on the use being . . . [more]

Posted in: Administration of Slaw, Legal Information: Libraries & Research, Substantive Law, ulc_ecomm_list

Fighting Online Child Porn

The federal, provincial and territorial justice ministers had a meeting for several days this week and in their final press release said, among other things:

Mandatory reporting of child pornography
Ministers agreed that Canada’s response to child pornography could be enhanced by federal legislation requiring any agency whose services could be used to facilitate the commission of online child pornography offences to report suspected material.

Will “any agency” include telecoms? ISPs? Search engines? What others?

Will the response to this problem be ehanced by mandatory reporting? …Are the various “agencies” contemplated here now reluctant to assist, so that legislation is . . . [more]

Posted in: Administration of Slaw, ulc_ecomm_list

Anonymity and Torts

[Slaw editor’s note: John Gregory is, among many other things, a Slaw member and also the manager of a highly successful and interesting private email list, ULC_ECOMM, on e-commerce and related matters. He is kind enough to allow Slaw to republish his provocative contributions to that list. We hope that, as they do on his list, they will stir up some discussion here on Slaw.]

Internet Law News today tells us this:

YALE STUDENTS NAME ALLEGED HARASSER IN WEB LIBEL SUIT [Boston.com]
Two female students at Yale Law School who say anonymous, defamatory comments were made about

. . . [more]
Posted in: Administration of Slaw, Substantive Law, ulc_ecomm_list