According to a news report, “Earlier this week 28 technology and media companies, 23 trade associations and advocacy groups and 35 professors of computer science filed legal papers in support of Microsoft’s opposition to US court rulings earlier this year which said that US authorities’ search warrant powers apply to customer information held outside of the US.”

I have had difficulty understanding the legal basis for Microsoft’s objection. Is it not clear that either law enforcement authorities or civil courts can require the production of documents in the custody or control of an enterprise that is located in their . . . [more]

As an aside to the discussion of a possible regulation on e-signatures in Ontario, I refer you to a recent article on the psychology of electronic signatures:“Paperless and Soulless: E-signatures Diminish the Signer’s Presence and Decrease Acceptance.”

It turns out that people don’t think that other people who sign electronically are as ‘engaged’ as they are if they sign by handwritten signature. As a result, they don’t think the e-signers are as likely to comply with obligations that they sign up for, and they don’t take e-signed documents as seriously as hand-signed ones or as likely to be . . . [more]

In classical physics, energy can neither be created nor destroyed—Albert Einstein. In quantum physics, information cannot be created nor destroyed. If information is missing from one system, it must be in some other system. Therefore, one could re-construct a headache if one could get sufficient information as to exactly how the aspirin used, worked on nerves and other parts of the brain and body. Such procedure would enable problems having many variables to be solved much faster.[i]

Electronic “predictive coding” devices that automate the “reading” of thousands of records for making production for electronic discovery, present such problems. The . . . [more]

I recently traded in my iPad for a Nexus 9. It has made me look at the phone/tablet thing a bit differently.

When I had an Android phone and an iPad, they felt like very different devices, each with a different role. But now that my tablet and phone work the same, and seamlessly share information, they don’t seem so different anymore. For example, if I make a note on google keep, it instantly shows up on the other device.

The only real difference is the size of the screen, and that the tablet can’t make phone calls or send . . . [more]

In a recent survey of 1,700 knowledge workers, 79% of respondents indicated that they always or frequently work in dispersed virtual teams. The trend is echoed in law firms of all sizes, as business operations are reconfigured for greater efficiency and individuals seek increased flexibility in work arrangements.

Author and speaker Keith Ferrazzi published practical tips to set virtual teams up for success in the December 2014 issue of Harvard Business Review. Based on my experience working with groups in multiple law offices and time zones, his advice rings true.

Ferrazzi says that virtual teams should focus on . . . [more]

The Semantic Web in Libraries (SWIB) annual conference took place last week in Bonn, Germany. This event set out to:

“… provide substantial information on LOD developments relevant to the library world and to foster the exchange of ideas and experiences among practitioners. SWIB encourages thinking outside the box by involving participants and speakers from other domains, such as scholarly communications, museums and archives, or related industries.”

And it looks like they’ve done a good job fulfilling that aim. Thankfully the sessions were live-streamed so I was able to participate at least in a small way and, even better, . . . [more]

ABA Journal is holding its 8th annual Blawg 100 competition that allows readers to vote on the best legal blogs in 13 categories. Readers can register for free to be able to vote:

We [ABA Journal staff] remember the blogs that have tipped us off to breaking news and the bloggers who have compelled us to write about their innovative ideas.

And over the summer, we cue readers—and other bloggers—to write in and let us know about their favorites: When we can see their love for a blog is real and not a marketing hustle, it catches our attention.

Now,

Via Archive-It, the Internet Archive is building a comprehensive collection of information and discussion related to the August 2014 police shooting death of Michael Brown in Ferguson, Missouri.

The project partner responsible, Internet Archive Global Events, comprises the Archive-It team in collaboration with other partners. The Internet Archive invites the public to suggest specific content—news articles, blog posts, other social media, and more—for the collection by submitting the relevant URL, or seed. I’m sure the legal commentaries on federal and state grand juries and indictments, including contrasts with Canadian criminal process, published this week will make useful content.

Help

I’ve had some time to reflect on the CASL software provisions as interpreted by the CRTC . As I’ve said before, the CASL software consent provisions are tortuous and unclear, and if taken literally could cause huge problems for the software industry. The CRTC has tried to interpret them in a way that aligns with the intent of stopping people from installing malware on computers. While the CRTC interpretation may not line up with the act, we basically have to work within it for the time being. (Lawyers advising clients would be well served to include caveats that we . . . [more]

“Is anybody out there?” Have you ever looked at your website traffic or social media engagement statistics and wondered if you’re all alone in cyberspace?

The good news is that you’re not alone. Most of your colleagues have probably asked the same question. The bad news is that you’ll need to move beyond your comfort zone if you want to break away from the silent online majority.

Why Engagement Matters
There are two perceptions of you as a lawyer: who you are and what you do. It’s easy to publish a list of what you do on a webpage. But . . . [more]

Last Monday, I asked if the LSBC has just killed cloud computing for lawyers in BC. My question was prompted by statements made by the LSBC’s President, Jan Lindsay, that led me and others to believe that the LSBC had come down against non-BC-based cloud computing providers.

Ms. Lindsay has published a response to this question on the LSBC President’s Blog, and clarifies that non-BC-based providers are permitted, with the caveat that lawyers acting for clients that are prohibited from out-of-jurisdiction data storage must act accordingly.

David Bilinsky, also of the LSBC, posted a helpful response on Slaw with . . . [more]

♫ It’s coming down, it’s coming down, it’s coming down
These clouds could never hope to save us…♫

Lyrics, music and recorded by Thrice.

On Nov. 17, 2014 Jack Newton posted on Slaw: “Did the LSBC Just Kill Cloud Computing for Lawyers in BC?”

To set the record straight, the death of cloud computing for BC lawyers has been greatly exaggerated. In fact, quite the opposite is true. Cloud computing for BC lawyers is alive and well. What the Benchers have recently done is adopt rule changes based on the report and recommendations of the Cloud . . . [more]