Canada’s online legal magazine.

Archive for October, 2012

Are ‘Hacking Back’ and Other Cybersecurity Defences Acceptable?

If you could detect an attack on your computer system and defend against it, would you want to do it? should you be allowed to do it? What if defending meant harming the computer of the attacker? What if defending meant at least getting information about intermediate computers between the attacker’s and yours?

There are legal and ethical questions here. A review of the ethical ones appears in Stewart Baker’s blog, Skating on Stilts. (He is a former General Counsel of the US National Security Agency, among other high-level achievements.)

Mr Baker argues for private defence as well as . . . [more]

Posted in: Substantive Law, Technology: Internet, ulc_ecomm_list

Jonathan Band’s Google Books Litigation Infographic

The various lawsuits by authors, publishers, and photographers against the Google Library Project since 2004 have been commented here on Slaw repeatedly by several different contributors.

Jonathan Band recently developed an infographic to help depict the various developments, and is available for download here.

The Google Books Litigation Family Tree . . . [more]

Posted in: Substantive Law: Foreign Law

Foiling Surveillance, for Beginners.

Juice Rap News delivers detailed, imaginative commentary on the issue of warrantless internet surveillance in rap. It is quite hilarious, trenchant, and intelligible (and it features George Orwell). It comes from Australia.

The single solution The Juice offers (use Tor), may be augmented by the recently assembled free online text CryptoParty Handbook. According to BoingBoing, a Crypto Party is like a tupperware party, but “for people who want to teach their neighbors how to use cryptography to protect themselves from snoopers, especially broad government surveillance.”

However, the project is open source, and considering its subject, is . . . [more]

Posted in: Legal Information, Practice of Law, Technology

Strategic Maple Syrup

I’m sure that many of you noticed a brief flash in the news recently regarding Quebec’s strategic maple syrup reserve and the security issues surrounding said reserve. There were many tongue in cheek references to Maple Syrup’s place in the culture of Quebec and Canada in the media and then the news cycle moved on. Alas, we here at Slaw dig deeper and try to ascertain the legal angle to such events, and it seems that Maple Syrup does indeed occupy a significant place in Canadian culture.

A rudimentary CanLII search reveals that “Maple Syrup” has appeared in court cases . . . [more]

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

More on Browsers’ “Do Not Track” Command

Online advertisers intend to ignore ‘do not track’ settings set by default. Here’s a story on OutLaw.com about that practice: Advertising industry standards do not “require companies to honor DNT signals fixed by the browser manufacturers and set by them in browsers”. So much for the ‘better business’ in Better Business Bureau. ‘Better For Business…’ appears more accurate.

A very pungent description of the ‘Privacy? Never heard of it!’ world of advertising and the discussions about these standards can be found on ZDNet. (h/t David Cheifetz)

And even browsers set to ‘do not track’ will not comply with the . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

The Friday Fillip: Wall Art

Something there is that doesn’t love a wall . . .

Maybe. But it wouldn’t be paint. There’s everything, in fact, about a blank wall that seems to require touching up, decoration, even defacing. The urge to make one’s mark in as prominent a way possible seems to be a human trait, evident from the earliest times.

How much better if the one with the urge happens to have some talent. There’s a wall painting going on not far from where I live that’s a part of a Giant Storybook Project, a collaboration between an art couple, Herakut, . . . [more]

Posted in: Miscellaneous

You Might Like … a Little Learning About Cricket, Bears, Scotch, Jargon, Cashiers, Pono and More

This is a post in a series appearing each Friday, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

Please let us have your recommendations for what we and our readers might like.

. . . [more]
Posted in: Miscellaneous, Reading: You might like...

Are We Due Another Set of Law Library / Knowledge Centre Layoffs in Final Months of 2012

Probably not the rhetorical question that most of you want to hear

In my publication Law Librarians News I do try and source as many legal information related jobs as i can find and note them in the newsletter.

Recruiters don’t pay LLN to do so. Rather I like to keep an informal ongoing record of what jobs are available in the legal information / management / publishing sphere as a way of highlighting the way roles are perceived, advertised and change over time.

August 2012 like any other August of the last decade was dead as the proverbial dodo . . . [more]

Posted in: Legal Publishing

New Thinking on Articling From the UK

If I had any doubt that the UK was the absolute undisputed centre of legal innovation, the past 5 days I’ve spent in London have certainly laid that to rest.

Earlier this week I came across Nigel Spencer, Director of Learning and Development – EME for Reed Smith. Nigel is constantly re-thinking the trainee model (for Canadians read: articling model) and other professional development opportunities for the firm. Fortunately, he has the freedom and support of firm management to do some truly exciting things. Thanks to Maeve Jackson for the introduction!

In particular, he has a strong desire to ensure . . . [more]

Posted in: Practice of Law: Future of Practice

Twenty Year Evolution of Free Access to Law

The 2012 Law Via the Internet conference took place Oct 7-9, 2012 at the Cornell University Law School in Ithaca, New York.

The conference brings together people from the Legal Information Institutes (LIIs) from different countries and continents that together form the Free Access to Law Movement.

Many of the presentations are already online.

Three Australian scholars who took part in the conference, Andrew Mowbray, Philip Chung, and Graham Greenleaf, published an interesting overview of the Free Access to Law concept. Their paper, The Meaning of ‘Free Access to Legal Information’: A Twenty Year Evolution, is available on . . . [more]

Posted in: Legal Information: Publishing, Technology: Internet

What Is Hadopi? and Why Does It Matter?

Yesterday, my partner Anne-Sylvie Vassenaix-Paxton gave a talk to ALAI Canada (L’Association Littéraire et Artistique Internationale) on the impact the new French HADOPI laws no. 1 and 2, have had on peer to peer file sharing and protection of personal data under French law.

The acronym stands for the Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet (HADOPI), a body which co-ordinates a variety of legal measures against illegal downloading including sanctions against parents of downloaders.

Two points are interesting from a North American perspective. The French Constitutional Council threw out a draft of . . . [more]

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

3li_EnFr_Wordmark_W

This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada