Google Announces New Privacy Policy

Last week, Google announced its new privacy policy, which will take effect on March 1. Google is doing away with the over 60 different existing privacy policies for its various products and replace them with one single shorter and simpler privacy policy.

Those who are most affected by this change are people with Google accounts. Under the new privacy policy, if a user is signed in to the Google account, Google will be able to collect and combine user information from across its various products and services. For example, Google will be able to collect and analyze your search terms on the Google search engine and suggest related videos when you next go onto YouTube. This will enable Google to form fuller and more comprehensive user profiles. As Google emphasized in its announcement, this change will allow it “to create one beautifully simple and intuitive experience across Google.”

Facebook is already able to combine its user data. Facebook tracks everything its users do while on their accounts and that user data is used to target advertisings for particular services and products to particular users. Given the volume of registered users and the often more personal nature of the information its users provide on the social networking site, Facebook has grown to be a formidable competitor to Google in the online advertising market.

This change to Google’s privacy policy is clearly an response to Facebook. The range of services and products Google provides is wider than that of Facebook. Though user data Facebook tend to be more personal, Google has attempted to rectify this with the launch of its own social networking site Google+ last year.  Now Google’s new ability to combine user data collected from different services will enable it to better integrate its user data and use it to better target its advertising.

Google’s new change to its privacy policy has raised concerns from some users as well as a number of members of the US Congress. Users cannot opt out of the new privacy policy to prevent their user information from being combined across Google services. Google’s answer is rather unsatisfactory, i.e. don’t log in. information about users activities on Google services while not logged into their Google accounts would not be combined. However, without logging in, many of Google’s services would be inaccessible to users.

There have been growing privacy concerns about the user data Google and Facebook collect, which have attracted the attention of both US lawmakers and Federal Trade Commission. Google and Facebook both have had to settle with the FTC over investigations of privacy complaints in the past. Google’s privacy policy change is likely to attract further regulatory scrutiny.

SCC Judgement: Hyperlinking to Content Does Not Constitute Republication

Last Wednesday (October 19th, 2011), the Supreme Court of Canada released its judgement on Crookes v. Newton (2011 SCC 47). The case focused on whether or not liability existed when one post hyperlinks to allegedly defamatory material on the internet. The court’s decision was succinctly summarized by Justice Abella, who stated, “I would conclude that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers.”  Read the rest of this entry »

Google-Motorola Deal: the Patent Portfolio Factor

So we’ve all heard how Google recently bought Motorola for a hefty $12.5 billion on Monday. Aside from the synergies Google gains from end-to-end control, as Google now has hardware, software and service arms to create their mobile products, perhaps just as importantly, Google has also purchased one of the largest patent portfolios of its kind in the mobile industry. Read the rest of this entry »

Ghost Authorship of Medical Articles Considered Fraud

An article published yesterday in PLoS Medicine, and first presented at an event hosted by the CILP, by Professors Simon Stern and Trudo Lemmens has been receiving considerable media attention. Titled “Legal Remedies for Medical Ghostwriting: Imposing Fraud Liability on Guest Authors of Ghostwritten Articles“, Stern and Lemmens argue that “guest authorship is a disturbing violation of academic integrity standards, which form the basis of scientific reliability.” They continue, “The false respectability afforded to claims of safety and effectiveness through the use of academic investigators risks undermining the integrity of biomedical research and patient care.”

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Patent Troll on Steroids: How America’s Patent System May Hurt Innovation

This American Life (TAL) is running a story this week that is well worth tuning in for. Some may have heard of Nathan Myhrvold during his time as IBM’s chief strategist and chief of technology or from his $600, six-volume cookbook. But few outside IT circles would know of his “innovative invention company” Intellectual Ventures, and how it is regarded by many in the field as the leader of patent trolls, having amassed roughly 35,000 patents since its inception in 2000. Read the rest of this entry »

Canada’s Telecom Policy Quadruple Play 101

TekSavvy CEO Marc Gaudrault recently wrote an op-ed piece for the Financial Post, encouraging Canadians to stay on top of current, major telecom developments, as it so passionately did in its fight against UBB, because the outcome of these issues will have tangible and far-reaching effects on all Canadian telecom consumers. The best part of the piece, is the succinct outline of those issues, which Gaudrault dubbed the “telecom-policy quadruple play”, four major telecom issues currently facing either regulatory or government scrutiny. Here they are again, with a little more detail, a brief 101 on the major telecom issues Canada faces. Read the rest of this entry »

CRTC’s Net Neutrality Regulation: Superficial

Enforcement has always been the bane of any regulatory agency’s existence. Regulation without teeth hardly merits real attention, or compliance, from those being regulated. In documents released on Friday, Professor Geist of the University of Ottawa, has found the CRTC’s well-publicised Telecom Regulatory Policy (2009), policy which is supposed to regulate net neutrality in Canada, to be rather, well, toothless.   Read the rest of this entry »

Recording Industry to SCC: Scale Back Fair Dealing

In a factum submitted last week, the Canadian Recording Industry Association (CRIA) is arguing that the Supreme Court of Canada should substantially narrow the scope of Canada’s fair dealing standard, a standard established in the seminal CCH v. Law Society of Upper Canada decision in 2004.

Last year, the Federal Court of Appeal  upheld a decision (SOCAN v. Bell Canada) by the Copyright Board that the provision of 30-second previews of songs, used by online music services, functions as consumer research and thus are eligible as fair dealing according to s.29 of the Copyright Act. In response to this, the CRIA is claiming here that the definition of “research” according to the Federal Court of Appeal, in the context of the fair dealing exception, is in error because that definition creates too broad and liberal of an exception, thereby conflicting with the object and purpose of the Act (to balance the interests between consumers and rights-holders). Read the rest of this entry »

Vancouver Riot: Why E-Evidence May Not Be Enough

In the aftermath of the downtown Vancouver riots that took place after the Canucks’ Game 7 loss to the Boston Bruins on Wednesday, we all heard about how a social media movement took root, with angry and embarrassed Vancouverites posting images online, asking for and giving help in identifying perpetrators. The Facebook page “Vancouver Riot Pics: Post Your Photos“, started on Thursday, provides a site on which people can upload their riot photos. Vancouver police are now combing through more than one million photos and a thousand hours of video footage submitted as evidence following the Stanley Cup riot. But sometimes, a photo is just a photo. Read the rest of this entry »

Canada’s Pharmaceutical IP Laws Stronger Than You Think

As globalization shrinks our world, new connections are being made in unexpected areas. One such connection is a proposed trade agreement between Canada and the European Union that could have substantial implications on the domestic costs of pharmaceutical drugs if passed. As part of the the trade negotiations, the E.U. has proposed changes to Canada’s drug patent system, which could potentially add billions to Canada’s prescription drug plan per year, an area where Canadians already spend spend $22 billion annually. Read the rest of this entry »