Professional Documents
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Me Allen Mendelsohn
November 6, 2012
Allen Mendelsohn
()
Survey of Internet Law
The ability of the law to adapt is part of its strength. Technological innovation tests that resilience. This case considers that ability as claims for breach of contract, trespass to chattels and copyright infringement meet the Internet. At the root of this lawsuit is the legitimacy of indexing publically accessible websites.
Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196
A couple of laws
Anti-spam Act (Bill c-28) Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) (PIPEDA) Common Law Provincial e-commerce legislation
Future laws?
Bill C-30: Protecting Children from Internet Predators Act Warrantless mandatory divulgence of ISP subscriber information to police System of real-time surveillance technology to be implemented by ISPs Bill C-12 revived instead
http://isohunt.com
Survey of Internet Law
Conditions: 1. attribution; 2. non-commercial; 3. original work did not violate ; 4. no adverse effect (financial or otherwise) on original work
Survey of Internet Law
So what do I do?
50% website documents drafting
o Terms of service / terms of use o Privacy policies o E-commerce contracts, online contest rules
50% everything else copyright & trademark issues, domain name disputes, Can I do ___ on the internet?, startup advising, defamation and cyber-stalking
Survey of Internet Law
The arbitration provision found in the Zappos.com Terms of Use purportedly binds all users of the website by virtue of their browsing. However, the advent of the Internet has not changed the basic requirements of a contract, and there is no agreement where there is no acceptance, no meeting of the minds, and no manifestation of assent.
Survey of Internet Law
Privacy Policy
What personal data is collected, and what is done with it Even if data is not explicitly asked for, its collected by technology Data over the internet travels a looooooooong way in a short time can be intercepted
Privacy Legislation
PIPEDA In Qubec, An Act Respecting the Protection of Personal Information in the Private Sector,
R.S.Q., c. P-39.1
Organization needs to protect data, and have policies No fines, not much teeth. Privacy Commissioner just an ombudsperson, though influential (Facebook, Google street view)
Survey of Internet Law
Future of PIPEDA
Revisions underway (Bill C-12 November 2011) Constitutional?
United Food and Commercial Workers, Local 401 v Alberta (Attorney General), 2012 ABCA 130, leave to SCC granted October 27, 2012
So why be careful?
Class action lawsuits
o Sony Playstation (filed May 2011, Ont. Sup. Ct.) $1 billion+ damages claimed
Fines up to $20,000
6. Dont spam!
CASL (cont.)
No commercial spam, no alteration of messages in transit, no installation of malware / spyware to send spam Need prior consent Commercial Electronic Message which includes e-mails, text messages, instant messages, Tweets or Facebook postings Fines up to $10 million for organizations, also private right of action for violation
Survey of Internet Law
In an unofficial capacity:
o Detailed guidelines on and off the job o Consequences discipline, dismissal
Survey of Internet Law
employees have no reasonable expectation of privacy in comments made on social networking sites Pridgen v. University of Calgary, 2012 ABCA 139 when Charter applies, there is freedom of expression on Facebook Leduc v. Roman, [2009] O.J. No. 681: Facebook photos can be evidence
Survey of Internet Law
Geographic Messiness
Canadian Solution
SCC: Real and Substantial Connection test:
Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, [2004] 2 S.C.R. 427 [the Tariff-22 case]
this Court has recognized, as a sufficient connection for taking jurisdiction, situations where Canada is the country of reception
2. ESA v. SOCAN 2012 SCC 34 The Internet is simply a technological taxi 3. Rogers v. SOCAN 2012 SCC 35
Streaming music is communication to the public under the Copyright Act 4. and 5. (whatevs)
Survey of Internet Law
Thanks! Questions?
allen@allenmendelsohn.com allenmendelsohn.com scribd.com/allen_mendelsohn
Survey of Internet Law