Governments are among the biggest consumers of technology. Amazon has a whole separate AWS cloud for governments. I would not be surprised if very, very few corporations approach, for example, US government’s database transaction volume. Imagine hundreds of millions of tax filings, border crossings, purchases, sales, emails, surveillance records, court files, and highway traffic data stored, processed and retrieved every year. Wait, strike court files. Those are probably still handled in paper form or through private databases, at least in North America.

If the government is so tech hungry, will it eventually become the biggest user of blockchain? The answer . . . [more]

In our newfound enthusiasm of all things AI, some might take issue with the word “Artificial” and prefer “Augmented”, or the less pretentious “Added” to reflect a “man+machine” future, rather “man or machine” one. Just as there is a rule that scuba divers operate in pairs to look out for each other, maybe machines should be paired with a human minder/beneficiary.

Trusting them is an issue for Ms. Melanie Mitchell, Professor of Computer Science at Portland State University, according to the article titled “Artificial Intelligence Hits the Barrier of Meaning” in the New York Times:

“While some people

I got back to DC in time for the 2018 Federal Depository Library Conference, held October 22 through 23 in Arlington, Virginia. This was an opportunity to learn about the latest enhancements to the Government Publishing Office’s U.S. government information platform, govinfo.gov . This platform has replaced their FDSys.gov which will be offline by the end of this year. There will be redirects from the PURL’s to the new location of the content.

Their new content includes statute compilations for major legislation, eight new courts added in the U.S. Courts collection, and the Congressional Directories for the 115 . . . [more]

Below is an excerpt from the introduction of my new book that will be published by LexisNexis on November 30. More information about this book can be found here.

There are times when judges interpret statutes in ways that defy common sense. A notorious example was raised during the Senate confirmation hearings of eventual U.S. Supreme Court appointee Neil Gorsuch in which he was pressed by Democratic members to defend his dissent in Trans Am Trucking. In what is known as the “frozen trucker case”, he denied a trucker the benefit of protective legislation permitting an employee to . . . [more]

A couple of years ago I wrote a column here about using trade agreements to promote laws among the contracting states that would promote electronic commerce. The example discussed was the Trans-Pacific Partnership, then in draft form.

There have been some developments since then that may be of interest.

CPTPP

The Trans-Pacific Partnership had a bit of a bumpy ride, as President Trump withdrew the United States from the agreement before it was signed. The other parties to the negotiation made some changes to the text then signed it under the name Comprehensive and Progressive Agreement for Trans-Pacific Partnership. . . . [more]

As the number and sophistication of social engineering attacks increases, victims are examining their insurance policies to see if they are covered. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413, and in Taylor & Lieberman v. Federal Insurance Company, 2017 WL 929211 (March 9, 2017 9th Cir.), fraudulent emails, as part of a social engineering attack, were sent to company employees who acted on them transferring money from the insured’s account. In both cases courts held that coverage under the Fund Transfer Fraud policy was denied as the victim knew or consented to . . . [more]

After much Trump-inspired drama over Canada’s participation in his new North American trade accord, the United States-Mexico-Canada Agreement (USMCA) was issued on September 30, 2018 (with final ratification by the three countries still pending at this point). While there is much ado about cheese, milk, and automobiles to it, intellectual property rights also figures prominently in the agreement. Its intellectual property provisions seek “the promotion of technological innovation… to the mutual advantage of producers and users… [in] a balance of rights and obligations.” While this would seem to make it all about patent regulation, it also allows for a need . . . [more]

In my April column, I mentioned the introduction of Bill C-75 by the federal government. It was introduced for first reading in the House of Commons in March, and is now before the Standing Committee on Justice and Human Rights, from where it will go back to the House for third reading.

Unless amended, Bill C-75 will wipe out criminal law practices in most law school clinics in Canada, and worsen the administration of justice in our criminal courts. At no time has the federal government indicated that it intended to stop law students from representing accused persons. No evidence . . . [more]

When we think about lawyers’ ethics we think about individual lawyers and their choices. Our codes of conduct apply to lawyers as individuals. We consider whether an individual violated his ethical obligations. We sanction individual lawyers. But beyond that limited regulatory focus (which Adam Dodek has persuasively questioned, and which some regulators are moving beyond), our general conversations about lawyers’ ethics tend to focus on the individual. We talk about the good lawyer and the bad lawyer, the ethical lawyer and the unethical lawyer; we think about lawyers’ ethics in light of the ethical quality of the choices . . . [more]

I saw a bumper sticker last week on an old Volkswagen Beetle: “Warning. Manual Transmission. May Roll Backwards.”

It made me want to put my car within inches of his back bumper, facing uphill. Well, no. I’m not really that passive-aggressive. But I owned only stick-shifts for over forty years, including a succession of well-used VW Beetles when I lived along the steep hills keeping the Hudson River in her banks. And I never once rolled backwards from a stop.

(Set the emergency brake. Put the car in first. Then put your hand on the brake release and slowly lower . . . [more]

Have you ever wanted to say something in a team meeting but didn’t because you were worried about looking stupid or being judged or losing your job? If so, you might have experienced what we call a “psychological safety deficit” – a key barrier to the kind of robust discussion that is needed in today’s complex environment.

In Part One of this series we examined why cognitive diversity is essential to effective decision-making but can lead to conflict. We need to create a safe container within which to roster healthy and robust discussion and avoid “groupthink”. In Part . . . [more]

I have occasionally sought to highlight the activities and histories of legal and professional publishing businesses which, and/or whose people, I admire, or those which for one reason or another intrigue me or about which I may have some personal knowledge and opinions. Among these articles have been: Driving Mister Butterworth – 200 Years of Law Publishing; Tolley – Cento Anni!; Not All Animals Are Equal; Then There Were Two; A Most Ordinary Curriculum Vitae.

One such publisher is London-based but internationally targeted, Globe Law and Business. I am happy to declare a . . . [more]