Canada’s online legal magazine.

Archive for ‘Technology: Internet’

Update to Internet Explorer 11 Now for Security

Microsoft has just ended support for Internet Explorer versions 10 and earlier. That means Microsoft will no longer provide security patches, which makes them risky to use from a security perspective.

Anyone still using those versions should update to IE 11 immediately. Those using Windows 10 can use the Edge browser instead. Edge works well, but unfortunately does not yet support add ons like password managers. Another option is of course to use Chrome.

If there is a need to use an earlier version of IE because of legacy internet applications that are not up to current standards, IE 11 . . . [more]

Posted in: Technology: Internet, Technology: Office Technology

The Year of the Hybrid Cloud

Last year I indicated that there were changes in Ontario which suggested that cloud computing had been implicitly authorized for lawyers. There was no other practical way to implement the new services rules under the amended Rules of Civil Procedure.

Despite these changes, there is still resistance to adopting cloud computing in practice, and sometimes with good reason. Security breaches of online databases have illustrated the enormous risk and problems created in a digital world.

The Ashley Madison hacks had many scurrying in embarrassment, and others concerned because their names had been used by the website without their permission. . . . [more]

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

Of BCLaws.ca Buzz and One Less Pay Wall With Sensational Spelling

Fellow Slaw contributor Kim Nayer wrote about QPLegalEze’s imminent dismantlement back in April 2014. Her post, titled “Goodbye QPLegalEze; Welcome Open Law“, heralded an end to an era of embargoed legal information, and hinted at the promise of a more democratic trend—one where the government lets the law become knowable even in the absence of our wallets.

Some goodbyes take longer than others. 20-odd months later, however, it really does feel like the house has cleared out. The repository of BC’s laws (various enactments, historical tables, ministerial orders archives, and that sort of thing) which was once kept  . . . [more]

Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Legislation, Technology: Internet

Permanent Trolling Injunctions Still a Temporary Solution

Trolls lurk in many dark recesses of the Internet. They make online browsing hurtful, defamatory, and sometimes, outright dangerous. These trolls are rarely slayed forever, and often raise their heads once again when given enough time.

The Ontario Court of Appeal recently reviewed an injunction granted in 2014 against a couple operating a website from publishing “in any manner” statement found to be defamatory towards an Ottawa lawyer, Richard Warman.

Among other grounds, the defendants sought a review of the permanent nature of the injunction as being overly broad. The very nature of the website in question was a . . . [more]

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

Of Family Law Flowcharts and Guided Pathways

It’s the hap-happiest season of all.

And for some—family law practitioners in particular—the crackling warmth of hearth and home will be interrupted by the rustling sound of short leave applications, affidavits of unspeakable length and one or two clients’ Ghosts of Marriages Past. I have heard of counsel that dislike dealing with last minute Christmas custody conflicts so vigorously that they write office closure hours for the month of December directly into the retainer agreement. This is all said by way of making the point that family law and mid-December have a long history together. We should be reminded on . . . [more]

Posted in: Legal Information, Technology: Internet

Encryption = Good : Backdoor = Bad

Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools.

But that would cause far more harm than good, and is a really bad idea.

The argument goes something like this:

These bad actors hide behind encrypted communications to plan their evil deeds. Therefore to stop them law enforcement needs to have access to all this. Therefore we need to have backdoors built into all encryption that law enforcement can use.

This is flawed in many ways. . . . [more]

Posted in: Technology: Internet

The Clawbies Turn 10

The 10th annual Canadian Law Blog Awards is now officially open for business! It’s hard to believe that ten years has passed since I first scribbled down a list of my favourite law blogs (probably on the back of a Christmas napkin) and then wrote up a post explaining what those blogs meant to me.

The spirit of the Clawbies hasn’t changed much over the past decade. We still tell bloggers not to nominate their own blog, and instead, to write a nomination post identifying three or more other blogs that made an impact on their professional lives. That . . . [more]

Posted in: Technology: Internet

Of CanLII Quirks and Hacks for Noting Up Supreme Court Family Rules in BC

Apologies to other Slaw readers in advance. This post is mostly for BC lawyers interested in using CanLII to note up specific Supreme Court Family Rules. I shared these tips recently in a paper for a CLE and thought the general principle or method might be helpful to a broader audience too.

I’ll preface this post to say that 95% of the time, CanLII is a simply phenomenal tool. Deeply customizable search operators and a clean interface/search template. It’s a killer app for lawyers and others seeking to know the law. It is, however, strangely ill-suited to note up specific . . . [more]

Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Technology: Internet

Of Cyberbullying, Digital Citizenship… and Technological Competence?

OK, Canada may be somewhat behind our neighbours when it comes to adopting rules around technological competence for lawyers, but at least “Digital Citizenship” is getting some traction—or at least with respect to standards for children and parents.

On Friday November 13, 2015, while two more states adopted a duty of technology competence into their codes—and while Canadian law societies maintained unanimous silence on such requirements for lawyers—British Columbia’s Office of the Information & Privacy Commissioner and Representative for Children and Youth, released Cyberbullying: Empowering Children and Youth To Be Safe Online and Responsible Digital Citizens. The Privacy . . . [more]

Posted in: Miscellaneous, Technology: Internet

Will Facebook Overprotect Privacy?

According to the English media, Facebook is thinking of generating an automatic warning to a member who posts a picture of a child to a publicly-accessible page on Facebook.

Is this a serious over-reaction to the threat that the kid – or the parents – face from such a posting? How many people are actually affected by predators of any kind using online pictures? What proportion are those victims of the numbers of people whose pics are on FB?

Is this a tactic by FB to appear to be concerned about privacy when its entire lucrative business model is . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

How to Prove That a Computer Uploaded Documents to the Cloud

In R. v Cusick, the Ontario Superior Court upheld a search warrant of a computer where that computer was suspected of having been used to upload child pornography to a cloud storage service.

What one searches for, apparently, are ‘artifacts’ – digital traces of the child porn files that passed through the computer on the way to the cloud. The case notes the difference between uploading from the computer’s hard drive (in which case the files may also still be on the computer) and uploading from a USB drive or mobile device (in which case they may not be, . . . [more]

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

Of Wikibooks and the Impossible Trinity of Information

Poo-pooing Wikipedia’s citeworthiness has a rich and honoured tradition, and not just among academics. The authoritative quality of crowd-sourced wisdom is a well-flogged heel for those in legal circles too, often trotted out in judgments like some Karl Von Hess to be beaten up by proper prudent legal authority. Wikipedia was first knocked about in Canadian jurisprudence in Bajraktaraj v. Canada (Minister of Citizenship and Immigration), 2005 FC 261, a decision of the Federal Court which set the tone for dealing with the pariah:

… the quality of the sources relied upon by the applicant, including an article

. . . [more]
Posted in: Justice Issues, Legal Information: Libraries & Research, Legal Information: Publishing, Technology: Internet