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Archive for ‘Technology’

Right to Be Forgotten Referred to Federal Court

The professed right to be forgotten, now placed on the global stage with The EU General Data Protection Regulation (GDPR) and scrutiny by the Court of Justice on extraterritorial application, may finally get some judicial ruling on the matter in Canada.

This week, the Office of the Privacy Commissioner of Canada announced they have filed a Notice of Application to the Federal Court to weigh in on the many challenges around implementing this right under Personal Information Protection and Electronic Documents Act (PIPEDA),

In particular, the reference asks whether Google’s search engine service collects, uses or discloses personal information in

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

What Was the Second Line at ClioCloud9?

It’s Thursday evening in New Orleans, Oct 4, halfway through the Clio Cloud Conference. Following Jack Newton’s opening keynote it’s easy to tell we’re on the front lines of legal tech. Some solid intel :

  • Lexicata and Clio GrowLos Angeles-based Lexicata — a client intake and CRM tool that’s optimized to work as an integration with Clio — has been acquired by the ambitious British Columbia-based legal tech company and conference host. The move effectively grows the practice management tool beyond its base fitness to deal with active client files and practice management (time keeping, document management,
. . . [more]
Posted in: Justice Issues, Technology: Office Technology

Copyright Notice & Notice Is Flawed

You may have read about the Supreme Court of Canada deciding Rogers can be paid its costs for telling a copyright owner the identity of movie downloading customers. What isn’t talked about is the notice and notice system that puts this in motion.

A summary of the Rogers v Voltage decision is here. Omar has written about this on Slaw as well.

This is a complex and controversial issue. The essence is that sections 41.25 and 41.26 of the Copyright Act allow the owner of a copyright (eg a movie studio) to create a notice to send to people . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

More Devices Gone Wild

A continuing series of interesting ways that things can go wrong with information technology. Previous installments are here and here.

Devices Gone Wild IV: Hacking Critical Infrastructure through the IoT.

Critical infrastructure is of course infrastructure – communications, power, transportation – that we depend on to support how we live: not just our ‘lifestyle’ but often our life itself.

One may ask why infrastructure of any kind is connected to the notoriously vulnerable Internet at all, but it is (in some places) – for reasons of remote monitoring and control, coordination, effectiveness. A good deal of . . . [more]

Posted in: Miscellaneous, Technology

Is the Right to Be Forgotten Global?

The Court of Justice of the European Union is hearing arguments on whether the right to be forgotten under EU law (notably based on the Spanish case from 2014 that started all this discussion) should be applied globally by search engines. Here is The Guardian’s report.

You will notice that the report closes with a mention of the Canadian Supreme Court decision (in Equustek, not named) where the court made its takedown order against Google globally. I did not think the SCC dealt well with the arguments being raised at the CJEU, namely that if France, or Canada, . . . [more]

Posted in: International issues, Technology: Internet, ulc_ecomm_list

Riverview Law Sees the World Through EY

The recent announcement of EY’s proposed acquisition of one hundred percent of the shares in Riverview Law (closing at the end of August, 2018) has elicited a number of different responses around the globe all speculating on what this transaction means for the future of legal services? Was this a lifeline to Riverview Law? Will clients really want legal and accounting to be done by the same firm? Aren’t the Big Four just marginally less clunky than Biglaw? Will BigLaw be worried? Some of those comments are here.

But like all fast-breaking stories, there is some fog. So it’s . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Blockchain Judiciary

In Blockchain Revolution: How the Technology Behind Bitcoin is Changing Money, Business, and the World, Don Tapscott and Alex Tapscott discuss the potential for blockchain in changing our world. Blockchain is a list of records (blocks) that are linked using cryptography. The list of records are permanent, open, and time stamped. The records are linked using algorithms that are almost impossible to break.

Don and Alex Tapscott write that blockchain could be used to transform our judiciary. For example, they cite the concept of CrowdJury. “CrowdJury looks to transform the justice system by putting several judicial processes online, using both . . . [more]

Posted in: Technology

List of Fastcase 50 Legal Innovators for 2018

Fastcase, an American-based provider of electronic versions of U.S. primary law (cases, statutes, regulations, court rules, and constitutions), has unveiled its list of Fastcase 50 winners for the year 2018.

“Created in 2011, each year the Fastcase 50 award honors a diverse group of lawyers, legal technologists, policymakers, judges, law librarians, bar association executives, and people from all walks of life. In many cases, honorees are well known, but in many others, the award recognizes people who have made important, but unheralded contributions.

Simon Fodden, the founder of Slaw.ca, was recognized as one of the Fastcase 50 in . . . [more]

Posted in: Legal Information, Practice of Law: Future of Practice, Technology

Devices Gone Wild III: Smart Home Devices Used for Harassment

The American Bar Journal reports that some people are harassing their spouses by remote manipulation of smart home devices, like thermostats, TVs and the like – turning the heat way up, or off, turning TVs or radios on and off, etc.

Is this a problem in Canada? Is there a reason that the spouse left in the home can’t just turn off the devices, or the central control device like Alexa?

Would restraining orders need to deal with this kind of ‘contact’ or abuse expressly? . . . [more]

Posted in: Miscellaneous, Technology, ulc_ecomm_list

Should Social Media Use by Judges Disqualify Them From Being Considered for a Supreme Court Nomination?

With Supreme Court Judge of the United States Anthony Kennedy announcing his retirement, there are a host of potential nominees. Included in this list is Justice Don Willet of the Fifth Circuit Court of Appeal. ABC News contends that some people are taking issue with his potential nomination because of his use of social media. It has been argued that social media use can reveal biases and detract from the perceived impartiality of the bench.

However, ABC News notes that “Legal scholars say there’s no legal provision prohibiting Supreme Court justices from sharing their opinions online or in speeches. The . . . [more]

Posted in: Technology

Would It Be Good to Get Rid of Cash?

The Guardian has an article about the number of businesses in the U.K. that are refusing to accept cash in payment, notably for food and drink, and services.

The article and the comments to it point out the difficulties such policies may cause for people who do not have or cannot get bank accounts – but also the benefit for the businesses, who do not have to keep or tally cash.

The comments in particular point out the privacy and control implications of having all one’s transactions recorded – and the data often sold – electronically.

Some other countries, notably . . . [more]

Posted in: Miscellaneous, Technology, ulc_ecomm_list

Lawyers Learning to Code?

OK, I know … you don’t want to hear about how lawyers should learn how to program. And sure, many of you may not need to learn how to code. But with everything that’s bubbling up in and around the profession these days it might not hurt to at least consider familiarizing yourself with what goes on behind the scene.

If you find yourself agreeing with that premise, then you’ll find this nice short post on Programming Resources for Lawyers on the Ex Libris Juris blog useful. It’s brought to us by the folks at the Harris County Law Library . . . [more]

Posted in: Technology