As part of the Ontario Bar Association‘s 2009 OBA Institute (continuing today) the Privacy Law section held a program yesterday entitled “What Every Lawyer Needs to Know About Privacy”. Dan Michaluk has blogged about his session in which he was a panelist with Professor Avner Levin from Ryerson University; their focus was on workplace privacy issues that came out of the Ryerson study The Next Digital Divide: Online Social Network Privacy. . . . [more]

On January 23rd Canadian Bar Association President Guy Joubert sent a letter to Prime Minister Stephen Harper (PDF) asking for Omar Khadr to be repatriated to undergo judicial process here in Canada. From the CBA letter: . . . [more]

Yesterday, Nicole Baute of the Toronto Star covered a new social networking analysis company, Sysomos. The Canadian company gathers data from Twitter, Facebook, and 30 million blogs. Yes, 30 million.

It’s a new start-up by a UofT prof and one of his grad students, and they received financial support from the province to get things going.

They claim to go beyond brand monitoring by identifying what people are saying, who these people are, and what their tone is.

One recent practical application is mentions of Stephen Harper when parliament was prorogued. They also say . . . [more]

Many thanks to Dan Michaluk at All About Information for the heads up that the Privacy Commissioner has new Guidelines for Processing Personal Data Across Borders.

Processing? According to the Commissioner:

PIPEDA does not distinguish between domestic and international transfers of data.

Processing
“Processing” is interpreted to include any use of the information by the third party processor for a purpose for which the transferring organization can use it.

Here at Slaw we have talked about outsourcing on occasion. It is somewhat comforting to have a document to point our sources at to guide the way Canadian personal information . . . [more]

The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years. States and state-related entities are playing a growing role in international investment and commerce, while seeking civil remedies against states in domestic courts is increasingly seen as an important tool in holding states accountable for torture or other breaches of human rights.

State immunity, in its most traditional formulation, is the rule that a domestic court will not implead a foreign state in its proceedings without the state’s consent. It is, in effect, the expression of judicial deference to the executive’s responsibility . . . [more]

John Ruggie, UN Secretary-General’s Special Representative for Business and Human Rights, has announced a study involving 15 corporate law firms from around the world “to identify whether and how national corporate law principles and practices currently foster corporate cultures respectful of human rights.” Stikeman Elliott is the participating firm from Canada. The firms will provide resources pro bono to examine the laws and practices of 40 jurisdictions. At the end of the study in the fall of 2009, the results will be presented at “a multi-stakeholder expert consultation” held at Osgoode Hall Law School. A list of participating firms . . . [more]

There’s a long and thoughtful piece in the New York Review of Books by Robert Darnton on “Google and the Future of Books.” Darnton is a renowned Harvard scholar on the history of the book and the director of the university’s library.

The NYRB piece negotiates the twin aims of promoting development through commerce and copyright on the one hand and enlightening as broad a segment of the public as possible through wide and free access to books on the other. Darnton explores the costs and benefits of Google’s having effectively captured the right to publish electronic versions . . . [more]

I spent this past Sunday in Dartmouth at the first Podcamp Halifax. As an enthusiast of the Podcamp movement of grassroots community-run events for the social media set (and an organizer of Podcamp Toronto), I was there to help them kick off their first such event, as well as spend time meeting some fascinating people.

One such person is David Fraser, lawyer with McInnes Cooper with whom I have been corresponding for a few years now, president of the Canadian Information Technology Law Association, and law blogger (see his posts here on Slaw and also his . . . [more]

The Human Security Report Project, affiliated with Simon Fraser University’s School for International Studies, conducts research on political violence and makes that research available to scholars and the public generally. The Human Security Gateway is the tool used for dissemination of this material and as well relevant research available elsewhere.

Currently the counter on the site claims 23,701 resources, categorized as News Articles, Factsheets, Reports or Academic Articles. As well, it’s possible to filter the data by topic and region. There are, for example, 2,472 resources under the heading of International Law, Justice and Accountability . . . [more]

The Law Librarian Blog reminded readers today of the public policy statement that the American Association of Law Libraries submitted to the Obama-Biden Transition Team on December 23, 2008.

The policy wish list covers issues relating to:

• public access to government information
• the management of the life cycle of public information
• the creation of a standard method for citing primary legal information in the public domain
• government agency cooperation with the U.S. Government Printing Office’s Federal Digital System that has the capacity to accept, authenticate and provide continuous public access to information from all three branches of government
• protection and

About three months ago there was a post on Slaw about a decision by a court in Kentucky to seize over 100 domain names used by Internet gambling enterprises, on the grounds that the domain names were illegal gaming devices. The decision has been contested by a number of different gambling websites, including Stranieri.com – Italy’s largest gambling online resource.

This decision has just been overturned by the Kentucky Court of Appeals, which prohibited the enforcement of the order. The reasons for decision (16 pages) are available from the Electronic Frontier Foundation site [PDF] (EFF was an intervenor). EFF’s preliminary . . . [more]

The Globe and Mail has a long and interesting obituary for Glen How, lawyer for Canada’s Jehovah’s Witnesses, who died December 30, 2008, at the age of 89. How will be remembered for a trio of cases involving civil liberties in the Duplessis era in Quebec:

The Boucher, Saumur and Roncarelli cases went to the Supreme Court in the 1950s. The Boucher case [Boucher v. the King, [1951] S.C.R. 265], which used truth as a defence, eliminated an archaic Quebec law defining sedition as criticism of the government and led to the dismissal of nearly 125 sedition