Topic - The Courts

Twitter! Revenge porn! It’s the Jurisprudence Week in Review

mmm, dusty

We’ve had two important internet law cases coming out of Ontario over the last week or so. I have spent the last couple of days trying to figure out which one to write about. After much soul-searching drinking, I’ve decided to write about both. This is probably a mistake.

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Posted in: Privacy, The Courts
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The Supreme Court does some technology things

Nice house“Broadcast-incidental copies” does not sound like a major jumping off point for a huge case about copyright and technology, but apparently it is. And now I have to figure out what the hell it means, in light of the Supreme Court of Canada’s decision in CBC v. SODRAC from a couple of weeks ago. Goddammit.

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Posted in: Copyright, The Courts
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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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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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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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This hugely important Google case will be going on for a while…

guilty guilty guilty

Within 14 days of the date of this judgment, Google Inc. is to cease indexing or referencing in search results on its internet search engines the websites contained in Schedule A…

Supreme Court of British Columbia

I would not blame you if you thought that order above was from the Google Right to be Forgotten case. It is not. It is from Canada. And it will be seriously precedent-setting. Well, if the appeals don’t gut it first. We’re a long way from this being over, but we’ve had two important decisions so far, the most recent one last week, so I guess I better chronicle them so when we end up in the Supreme Court of Canada in three years, I can just refer back to this post because I’m lazy. Let’s dive in.

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Posted in: The Courts
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Thank the child pornographers for your internet rights to privacy. Then lock them up.

Privacy keyPrivacy key

The advancement of internet legal principles is the only good thing to result from child pornography #RvSpencer
– Me, on Twitter, last Friday as I read the case

Sure, quoting yourself from Twitter is pretty dumb. And tragically, my #RvSpencer hashtag never took off. But the point still stands. Illegal activities like child pornography tend to be lightning rods for internet privacy, and the only way we can get landmark internet law cases like last Friday’s R v. Spencer case from the Supreme Court of Canada. And the Court even found a way to keep the child pornography evidence intact while guaranteeing some internet privacy rights. Win-win!

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Posted in: Privacy, The Courts
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Whoops! I forgot to write a post about the right to be forgotten

Have you forgotten about Simple Minds?

Sometimes we forget things. Sometimes, we’d like to forget things. You know, like that time I you had a few too many and got naked on the bar and everyone had their iPhones pointed at me you and well, I’ve said too much already. I’d You’d like to forget that incident, but the internet never forgets. And Google never forgets. But thanks to a ruling from a couple of weeks ago that can only be described as “landmark” from the top court in the EU, the Court of Justice, Google kind of has to. Let’s dive in.

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Posted in: Privacy, The Courts
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