One of the first instances of recorded law we are aware of is the Code of Hammurabi. It was literally etched in stone. If you read about it, what strikes you is how little has changed about how we record laws in roughly 3700 years. We learned to put laws on parchment. Then paper. Then typesetting, and photocopying. Eventually, we began to digitize images of the pieces of paper on which the law was written. But all of these were just different ways of recording the etchings in the stone so people could use them.

While significant progress has . . . [more]

There continues to be extensive discussion about artificial intelligence and law, and concerns are regularly raised about the ethical and moral issues this presents, so I was happy when Marcelo Rodríguez invited me to be on a panel at the American Association of Law Libraries Conference on “Legal Ethics in the Use of Artificial Intelligence” with Kristin Johnson, Steven Lastres, and with Kim Nayyer moderating this year. Here’s the session description:

There is a pressing need for both innovators creating the datasets as well as users such as law librarians and attorneys to be aware of the ethical implications of . . . [more]

The year 2020 will be remembered as the year that lawyers were catapulted into the future. As a result of COVID-19, the majority of law firms suddenly found themselves thrust into a work-from-home (WFH) environment. Some were prepared for working remotely, but many were not. We’ve helped a lot of lawyers transition to a different working environment by providing training and implementing new technologies in their practice. Along the way, we’ve learned some things about how lawyers have responded to the pandemic. Here are ten cybersecurity lessons we’ve learned about WFH.

1. Home networks are 3.5 times more likely to have

My most recent column for Slaw.ca, Mutual Recognition of Methods of Authentication, completed ten full years of bimonthly columns here on any technology topic I chose to write about. This time I will dip into some of the highlights to see if there has been any progress, theoretical, practical or personal, on them. I have also published numerous occasional pieces here over that period and before, usually also on technology.

Technology

My first column, in 2010, was on Robot Law. Some of the concerns discussed there – such as the capacity of robots to have an autonomous legal . . . [more]

I recently completed Harvard’s CS50: Introduction to Computer Science, offered online though edX. Given my role as a Legal Tech and Innovation Specialist, I work with a lot of technology. Gaining a deeper understanding of computer science seemed like an enjoyable side-project. I was partially correct.

(Sample code from one of my projects)

While learning about concepts like data structures, memory, and arrays is incredibly helpful, I was not prepared for how challenging it would be to apply these concepts into workable programs. Things that programmers can do without effort took me hours: iterating across a linked list of . . . [more]

When lawyers turned the calendar page to January 2020, they could not have dreamt of the two-fold nightmare that would descend upon the profession so quickly. A global pandemic and a tanking economy at the same time? We thought we had seen the end of hard times when we finally emerged from The Great Recession in 2009. Some of our lawyer friends still have lines of credit to pay down from that recession.

While government leaders say the economy will “come roaring back” or “I’ll bring the economy back,” most lawyers are skeptical, to say the least.

The New Normal

This essay examines an international dimension of trust in electronic commerce: how to give legal recognition in one country to electronic documents from another. Recognition involves attributing legal status to electronic messages exchanged across borders. The usual phrase is “mutual recognition”. Mutual recognition means reciprocal recognition: A recognizes B’s e-documents because B recognizes A’s.

It is not logically necessary for cross-border recognition to be mutual. A could recognize B’s reliability standards and thus give effect to its documents even if B does not return the favour. However, in practice it is likely that a country that accepts another country’s standards . . . [more]

I spend a lot of time in this column talking about the future of legal technology. Today, I’d like to give you something a little more practical, and help you use the technology you already have.

Let me share with you the one thing that I wish every lawyer and law student knew about Microsoft Word: Multilevel lists.

In the toolbar of Microsoft Word you will find Multilevel lists just to the right of bullets and numbered lists.

Click on that button, and a menu appears. You’re going to want to click on “Define New Multilevel List…”

In the screen . . . [more]

In January, the panel tasked with the review of Canada’s telecommunications framework issued its report. Some of the recommendations are to be saluted, but others have left me worrying, most importantly the recommendations that aim to effectively regulate the Internet the same way that we have regulated broadcast since the last century.

This post is certainly not intended to be a comprehensive discussion of the report. If you’re looking for such a thing you can, well, read the report to hear the panellists’ explanations for their recommendations, or head to Michael Geist’s blog to hear about the other side . . . [more]

Friday, April 3, 2020 – Effective March 19, 2020, the B.C. Supreme Court suspended regular operations of the Supreme Court of British Columbia until further notice. While the courthouses are closed, applications may be made to the Court only for essential and urgent matters. The move is part of the Court’s efforts to protect the health and safety of court users and to help contain the spread of COVID-19.

The procedural approach of the Courts to the present crisis may be expected to continue to evolve. Those wishing to have matters brought before the Court will need to check frequently . . . [more]

We’ve spent a lot of time worrying about the possible effect of deepfake videos on the 2020 election.

While that’s a real concern, we were blown away by the stats in a report from Deeptrace Labs. The most startling statistic was that 96% of fake videos across the internet are of women, mostly celebrities, whose images are used in sexual fantasy deepfakes without their consent.

Deeptrace Labs identified 14,678 deepfake videos across a number of streaming platforms and porn sites, a 100 percent increase over its previous measurement of 7,964 videos in December of 2018.

Sadly, we imagine we’ll see . . . [more]

Almost everything of social or financial value is now online in some form, benefitting in many ways from the interconnection with the world, and tempting in many other ways to the world’s thieves and saboteurs. As a result, Internet security has never been more important to personal, corporate and political interests than it is now.

Yet we read weekly of new damage done to online resources: legal service firms taken offline by ransomware, virtual currencies highjacked, endless personal records stolen from enterprises in all lines of business. It is remarkable how rarely critical infrastructure – power supplies, transportation, communications – . . . [more]