Twitter has been ordered by French courts to reveal the names of people responsible for anti-semitic tweets (using a standard hashtag) to a number of public interest organizations. Though Twitter said it would cooperate if it received an order from the American courts acting on the request of the French courts, the Court of Appeal said it has to cooperate because the direct order of the French court.

Would such an order be made in favour of private parties here? Would the private bodies first have to begin a legal proceeding against the pseudonymous tweeters – a civil action? a . . . [more]

One of the most common inquiries around reputation management law that I receive is how a business, brand or professional can access the names and identities of people who use review sites to unfairly malign them.

This is a valid question because review sites are frequently being used for a variety of other purposes. For example, business competitors can try to capture larger market shares by making themselves look better, and personal vendettas can play themselves out through negative reviews anywhere a person’s name or their place of work is found online. The Terms of Service for most of these . . . [more]

The legal team for Omar Khadr announced yesterday that they intend to appeal his plea bargain before the military commission at Guantanamo Bay. Khadr is currently serving out his eight-year sentence at Millhaven Institution near Kingston, Ontario. Khadr is eligible for parole this summer.

The appeal would be to an American domestic court, the U.S. Court of Appeals for the District of Columbia Circuit, and if successful would result in Khadr being released immediately. The international transfer agreement under which Khadr was moved to Canada would no longer require his detention.

Khadr’s guilty plea on October 25, 2010 included a . . . [more]

Beginning September 2, 2013, foreign nationals applying for Canadian visas from countries such as Haiti, Jamaica, Saudi Arabia, Albania, Afghanistan, Sudan, Syria, Columbia, Burma, Egypt, Yemen and Pakistan, will undergo mandatory fingerprinting and digital photo collection at new visa application centres being established by Canada overseas. Citizenship and Immigration Canada has indicated that the new measures are necessary because of a "rise in global identity fraud" and technological innovations that "make it easy to steal, forge or alter identity documents."

The European Union is adopting regulations on alternative dispute resolution (ADR) and online dispute resolution (ODR), according to a press release and associated documents, including a draft ODR regulation. This is aimed at consumer e-commerce in particular.

I have not yet found in the documents answers to some questions that occur to me off the cuff. (The answers may be in there somewhere – feel free to provide via comments.)

• Who pays? It appears to be taxpayer-funded, rather than relying on user fees. There is mention of a cost of 4.6 million Euros (annually?).
• What law applies? This list

. . . [more]

Although we are all excited to try out the new iPhone 5, Samsung Galaxy S III, or Blackberry 10, few of us think what it means for us to be carrying this enormous amount of information in our pockets.

The Canadian Charter grants the “right to be secure against unreasonable search or seizure,” but one of the main exceptions to this is a search incident to an arrest, which allows a police officer to frisk a person who has been lawfully arrested. This exception exists largely because it has been considered a minimal intrusion on individual rights necessary to ensure . . . [more]

Leslie Klinger has written a good many books about Sherlock Holmes. Currently he and author Laurie R. King are editing a book of stories by genre writers that are inspired by the Holmes canon. Their publisher, Pegasus Books, was contacted by the Conan Doyle Estate which, to quote Klinger,

implied that if the Estate wasn’t paid a license fee, they’d convince the major distributors not to sell the book. Our publisher was, understandably, concerned, and told us that the book couldn’t come out unless this was resolved.

Klinger began an action a month ago, asking the District Court in . . . [more]

One of the great strengths of the common law system is its ability to grow through the dialectical process of judicial determination of conflicting positions. This feature is absent in dispute resolution mechanisms such as mediation.

A perfect illustration of the growth of the common law will be the determination by the UK Supreme Court of an appeal to be heard on 5 and 6 March 2013. The case involves a decision in which the English Court of Appeal sharply rejected the practice – adopted and developed in the Family Division over 25 years – of treating the assets of . . . [more]

In Custodia Legis, the blog of the Law Library of Congress in Washington, has an interesting post on Canonical Rules on the Resignation of a Pontiff, and the Election of a New Pontiff (part 1 of 2 posted yesterday).

It is written by by Dante Figueroa, Senior Legal Information Analyst at the Law Library of Congress:

Since the last papal resignation was nearly 600 years ago, this month’s announcement took the world by surprise and resulted in many questions. I will address several of the most important juridical questions arising from Pope Benedict’s resignation, for which there are responses

. . . [more]

Fans of interpretation — especially constitutional construction — will enjoy the extended analysis in “The Recess Appointments Clause (Part 1)” by Neal Goldfarb on his blog LAWnLinguistics (Not about the linguistics of lawns). Much in the D.C. Circuit appellate decision in Noel Canning v. National Labor Relations Board hinges on the “the” found in the Recess Appointments clause in Article Two of the US Constitution:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

. . . [more]

Last year, I posted about the minimum wage in Canada. That same debate has also flared in the United States. During the recent state of the union address, U.S. President Barack Obama argued for an increase in the minimum wage in the United States. The Federal minimum wage in the US is $7.25, which applies to jobs covered by the Fair Labor Standards Act (generally applying to employees engaged in interstate commerce). For US employees governed by state law, the minimum wage can go from $5.25 (Wyoming) to $9.19 (Washington State). In Canada, the vast majority of employees are . . . [more]

One of the many great things about the United States, from a lawmaker’s point of view at least, is that they comprise fifty-one legislatures attempting to tackle the problems that face us (in the West, at least) with a net of words. It’s like a greenhouse or nursery for the legal species. And we up here in slower Canada get to watch to see which cultivars survive politics, real life — and occasionally ridicule.

For example, a bill currently in the hothouses of the Oregon legislature — Oregon Senate Bill 71, A Bill for an Act Relating to Drones; . . . [more]