Ontario Court of Appeal Recognizes Tort of “Invasion of Seclusion”

In its recent ruling in Jones v Tsige, the Ontario Court of Appeal formally confirmed the existence of an actionable cause for invasion of seclusion. While the tort of appropriation of personality has long been recognized in Ontario, this appellate decision is the first in the province to give an unequivocal right of action based on breach of privacy. The court surveyed the relevant common law and statutory landscape in Ontario, other provinces, US, and Commonwealth, as well as Charter jurisprudence with respect to the protection of privacy rights. It concluded that “[r]ecognition of such a cause of action would amount to an incremental step that is consistent with the role of this court to develop the common law in a manner consistent with the changing needs of society”.

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Is SOPA Dead?

The story of the Stop Online Piracy Act (SOPA) and its sister act, Protect IP Act (PIPA) has been an intriguing and increasingly polarizing one. As Sarit wrote a few days ago, the increasing pressure from tech companies has forced the White House to come out against certain provisions, such as the DNS blocking provision in SOPA and other measures that would “tamper” with the underlying security measures of internet infrastructure. Read the rest of this entry »

SOPA and PIPA: The White House Changes Its Stance

The explosion in major names denouncing  SOPA and PIPA (including giants of the internet like Google, Facebook, Twitter, Reddit, and the Wikimedia foundation, who are all considering an unprecedented ‘blackout’ on January 18th) now has a new supporter in the name of the White House and the Obama administration.  Read the rest of this entry »

The Phone Book in Your Pocket

In an age where the phone book has nigh become obsolete, Public Safety Minister Vic Toews has used it to analogize the federal government’s proposed lawful access legislation. His analogy was a response to serious privacy concerns over the proposed legislation, raised by the likes of Privacy Commissioners at both the federal and provincial levels. Lisa Austin, associate law professor at the University of Toronto, has responded in kind with an op-ed piece in the Globe and Mail. She looks at how this legislation will expand the government’s ability to get access to private internet data without judicial oversight. Are the privacy issues with our telephone usage really the same as the privacy issues with our internet use? Read Prof Austin’s article here.

The End of the Internet?

Tension between the interests of copyright holders and the accessibility and openness of the Internet is not a new phenomenon – Napster anyone? However, a potentially game-changing new development in online intellectual property and copyright law is currently making its way through the United Stages legislature. The Stop Online Piracy Act, or SOPA, was introduced in the U.S. House of Representatives in October of this year. The Act was given hearing in front of the House Judiciary Committee on November 16, 2011; its counterpart in the Senate, the PROTECT-IP Act, was introduced in May of this year and has since been passed. Read the rest of this entry »

Who Gets Burned When the Dragon Stirs? – Ramifications of Stricter Patent Protection in China

Jameson Berkow in The National Post recently voiced a concern not unfamiliar to those who have seen the cover of any Economist magazine in the past eight years – the dangers of China’s evolving economy, in particular their approach to patent protection.

The article argues that, “China … has intentionally maintained a lax intellectual property enforcement regime for decades, waiting until its internal invention industry had become strong enough to warrant something more robust.” Read the rest of this entry »

2011 Cloud Computing Conference Live Webcast

Watch the live webcast of the Fall 2011 Cloud Computing Conference: Law and Policy Issues in the Cloud here. The Conference begins at 9:00 am Friday, October 14, and ends at 5:00 pm the same day.

Crowdsourcing Justice in the London Riots

Following Vancouver’s example in June, social media has once again been enlisted to help identify the rioters and looters of London’s riots last week. Scotland Yard has posted stills from surveillance cameras on their Flickr account, asking for help in identifying suspects. And independent “name-and-shame” sites have also cropped up, including one Tumblr site called “Catch a Looter”. A twist in London’s case, however, is the potential use of face recognition technology, a tool the Vancouver Police Department declined to use in their investigations.  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 »