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Archive for ‘Substantive Law: Foreign Law’

Collection and Dissemination of Unauthorized Information

Yesterday we concluded the Third Annual UCLA Cyber Crime Moot Court Competition in Los Angeles. This year the moot problem dealt with access of a public website through a scraper program to collect e-mail addresses for the purposes of illustrating security vulnerabilities.

The first issue in the case was roughly modelled after United States v. Auernheimer, 2012 WL 5389142 (D.N.J. 2012), which is expected to appear before the Third Circuit in the near future. In this case, a data breach at AT&T resulted in the theft of personal information of approximately 120,000 AT&T customers through the use of a . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Foreign Law

Protection Standards on the Horizon for Cryptocurrency Exchanges as First Class Action Filed

Last month saw the collapse of a foundational member of the Bitcoin community, Mt. Gox. A class action lawsuit, that will likely be one of many, has been filed in Illinois against former the bitcoin exchange industry leader, its parent companies, and Mark Karpeles, Mt. Gox’s sole director (Gregory Greene v Mt. Gox Incet al, U.S. District Court, Northern District of Illinois, No. 14-01437). The exchange has filed for bankruptcy protection in Japan and, subsequent to the institution of class action proceedings, in the United States as well.

Although the bankruptcy filing temporarily suspends the class action, . . . [more]

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

Massachusetts’ Peeping Tom Statute Decision

You may have read yesterday that the Massachusetts Supreme Court decided that a man who covertly took photographs and videos up the skirt of a woman sitting opposite him on a trolley did not violate the local peeping tom law. The court felt it was unable to subsume the accused’s behaviour under the particular, and admittedly awkward, wording of the statute. This is a creepy matter, a creepy subject, and I raise it here for no salacious reason but out of a sense of frustration that such behaviour “could not” be proscribed under Massachusetts law as currently written. And I . . . [more]

Posted in: Substantive Law: Foreign Law

News From Kiev – a Law Firm Reports

One of my correspondents is a law firm with three offices across the Ukraine.

They posted this open letter this morning:

Dear friends, colleagues and partners,

Herewith we would like to draw your attention to the current political crisis between Ukraine and Russian Federation and the current situation in the Crimea. Being a Ukrainian company we are concerned a lot about the future of our State. We kindly ask you to spare 5 minutes of your time for the issue, which is incredibly important to every person in the world, and read this message to the end.

All the politicians . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

U.S. Labour Laws More Protective Than Canadian?

It’s not often that I comment on a U.S. legal decision (mostly because I’m not an American attorney), but a recent decision from the US National Labour Relations Board (NLRB or the Board) is particularly interesting from an employment and labour law perspective and because it also highlights a significant area where US and Canada labour law differs.

In the decision Design Technology Group, LLC, 359 NLRB No 96, the Board ordered the employer to reinstate a number of employees who were terminated for critcizing their employer on a semi-public Facebook page. In the US, most employment is “at will” . . . [more]

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

Promoting Internet Security: A Charitable Activity?

The Internal Revenue Service of the United States has recently denied charitable status to an organization that promotes a knowledge of internet security to bloggers and civil society groups, notably those in foreign countries whose freedom of expression may be threatened by state bodies.

As one US commentator wrote:

The IRS denial, in short, hinges on the applicant’s activities looking too much like a for-profit trade or business and also the following not qualifying as “charitable” – (1) preserving the fundamental human rights set forth in the United Nations Universal Declaration of Human Rights (b/c it is a declaration, not

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology: Internet


The 2008 Law via the Internet conference got things started; October 3, 2011 marked the first meeting specific to the EuroLII initiative. January 2014, the EuroLII Observatory site launched with the aim at answering the question of how European countried promote and improve free access to law.

The site provides a jumping off page to the European Law overview page at WorldLII which helps searchers determine data coverage as well as search.

Some of the new content added to WorldLII January 28, 2014 includes:

Portuguese Constitutional Court Summaries
Portuguese Constitution 2005
Vatican City Laws
Bulgarian Laws
Azerbaijan Laws
Albanian Constitutional . . . [more]

Posted in: Legal Information, Substantive Law: Foreign Law

Google Street View Case Granted a Rehearing

The United States Court of Appeals for the Ninth Circuit granted a new hearing this past Friday in Joffe v. Google, Inc., while affirming the decision in September that denied a motion to dismiss by Google.

Google had requested the class action be dismissed on the basis that their actions in collecting information for Google Street View was not illegal due to an exemption in the Wiretap Act, on the basis that they transmitted the data over a WiFi network. The Street View vans had used the service set identifier names and media access control address from routers . . . [more]

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

French Veil Ban Goes to European Court of Human Rights

On November 27, 2013, the European Court of Human Rights held a Grand Chamber hearing (which was broadcast on the Internet) in the case of S.A.S v. France (Application no 43835/11). The case concerns a French Muslim woman’s complaint that French law prohibits her from wearing a full-face veil in public. As of April 2011, French Law no. 2010-1192 prohibits concealment of one’s face in all places open to the public in France. The penalty for breaking the law is a fine of up to €150 and/or compulsory citizenship classes. Separate penalties are provided for anyone forcing a woman to conceal her face in public.
Posted in: Case Comment, Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law

UN Database on Gender in Constitutions

UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women, a three-year-old organization, has made available online a database of those provisions in nations’ constitutions that concern gender. The Constitutional Database covers 195 countries and provides relevant passages in both the original language and English translation. It is possible to download the entire database in PDF.

The database is searchable, of course, with filters available for country, region, or type of provision (e.g. reproductive rights, marriage family rights, equality…).

[Hat tip: Blogging for Equality] . . . [more]

Posted in: Justice Issues, Legal Information: Publishing, Substantive Law: Foreign Law

Christmas Movies and the Restatement of Torts

There is a new blog post over at In Custodia Legis, the blog of the Law Library of Congress in Washington, that discusses Christmas movies with a law-related theme.

Obviously, the post mentions Miracle on 34th Street.

But check out the final paragraph that manages to connect the movie Gremlins to a discussion of The Restatement of Torts. . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

Browsing History – Does Knowledge of Site Administrators’ Access Give Consent to Disclosure to Law Enforcement?

A recent US decision held that a person’s browsing history on web dating sites – not just his profiles, which were clearly intended for public use – could be disclosed to police because the person had authorized the administrators of the sites to know what he was looking at. The case, People v Holmes, involved a high-profile defendant in a criminal case (the person who shot up the Colorado movie theatre – allegedly), but these cases should not turn on whether the person claiming a privacy right is sympathetic.

The key for the court is contained in this passage . . . [more]

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