Law-talking guy invading your TV again

If you turn on Canada AM these days, chances are you’re gonna see some random lawyer dude who doesn’t know what he’s talking about. Or, you know, me. So here’s me this week talking about all the data that the smartphone fitness apps and wearables are collecting when you’re out there getting your ass in shape. Who owns that data? What are the legal issues surrounding it? Damned if I know. But damned if that doesn’t stop me from attempting to answer that question on national TV! Here’s some background for you.

Kudos to CTV for finally allowing their video to be embedded. It’s the internet way. Also, thanks to Bev Thompson who was a delight. I have now hit for the cycle of Canada AM hosts.

Posted in: Privacy
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B.C. Court of Appeal stretches reach to far corners of the planet

guilty guilty guiltyMy two loyal readers may remember the case of Equustek Solutions Inc. v. Google Inc. OK, even I admit I had trouble remembering it, since I wrote about it almost a year ago and a year is forever in internet time. But it sounded vaguely familiar, so I Googled myself (ha!). And what I found was that I was quite prescient, for the title of that post was “This hugely important Google case will be going on for a while…” Well I got that right! I wrote in that post that “I still think the Court of Appeal will overturn the order in the end”. Well about 10 days ago the BC Court of Appeal decision came down and I got that… less right.

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Posted in: The Courts
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When is a Facebook threat a “threat”?

Irony can be pretty ironicOn Monday this week the U.S. Supreme Court came down with their decision in  the case of Elonis v. United States, which is all about a terrible rap lyricist threatening to kill or hurt a bunch of people on Facebook. Let’s take a look at the decision and see if it has any implications for Canada (spoiler alert – it does not! It’s U.S. law!).

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Posted in: The Courts, United States internet law
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We have a notice! Let’s rip it to shreds.

notice thisThe entire editorial team and staff here at AM.com have been anxiously waiting for someone to forward them a notice that they received through their ISP under the new notice and notice regime. Well, jackpot! We received one about a month ago, and since then we have received several more. A very kind person has allowed me to reprint it here, as a public service. And I will be ripping it apart.

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Posted in: Copyright
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CRTC sorta kinda does some things about the internet

All powerful, all knowing

Oh CRTC you little vixen you. You are not supposed to be involved in the internet, yet over the past week you have stuck your nose in it twice. Fun! Let’s see what you had to say.

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Posted in: Regulatory regime in Canada
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Shifty-eyed internet law expert saying things on national TV again

can am marci ienLibel! Tweets! Hockey! If there was ever a story the media would come calling to yours truly, it’s this one. Quick background for those too lazy to read the linked article – TSN rebroadcast a defamatory tweet on TV. Whoopsie! Said tweet involved two Toronto Maple Leafs and Elisha Cuthbert, and is rated NC-17 for language and sexual situations. Here’s some defamation background for you. The players and Cuthbert want to sue TSN and the original tweeter. TSN is owned by Bell, who also partly own the Leafs. Awwwwkward.

Unfortunately still no embeddable video from CTV, so you’ll have to click over there to watch it. Please ignore the blinking and “you know”s. Ugh.

Oh and btw, the delightful Marci Ien refers to me as “legal specialist on all things internet, lawyer Allen Mendelsohn” in her intro. Please put that on my tombstone.

Posted in: Defamation
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Bell wants to appeal “net neutrality” decision

All bits are equal - fucking A

Net neutrality is VERY important dammit. For the internet legal types (hello!) it’s always one of the most important topics of discussion around the ol’ water cooler. So when a communications behemoth like Bell decides to appeal a big neutrality decision, it should be a huge story. Like earlier this week, when it was widely reported that Bell Mobility filed some appeal documents in the Federal Court of Canada. But there are some real misconceptions about all this that yours truly is here to clear up in my usual irascible way.

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Posted in: Regulatory regime in Canada, The Courts
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All malware in Canada disappears today! w00t!!!!!

mbam-antimalware-goI could not let today pass without commemorating this historic occasion. As of today, thanks to our government’s efforts, malware, and indeed all unwanted software, is disappearing forever. All hail the glory!

As you know because you read this blog diligently, today is the day that the computer software provisions of CASL (the Anti-Spam Law) come into force. I already explained all this late last year, so I will not do it again. I will remind you that the section 8 and related provisions of CASL that are in force as of today are designed to eliminate malware and indeed, all unwanted software and software updates and upgrades from your computers and devices. No doubt the government’s sledgehammer approach is working, and we can say goodbye to malware forever.

I would type more, but this weird pop-up box keeps showing up on my screen every time I hit enter. Maybe this Ask.com toolbar will have some answers as to how to fix that. Where did that come from?

Posted in: Internet law basics
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