Michael Girard: e-Lawg - Technology

Guide to Using RSS

Thu, 12 May 2005 00:48:58 GMT

Personal Technology article on RSS here.

Legal Podcasting

Tue, 05 Apr 2005 00:37:17 GMT

A new website specializing in legal podcasts: BlawgCast.com.

del.icio.us

Tue, 05 Apr 2005 00:07:01 GMT

An article explaining the advantages of del.icio.us - a useful program for keeping track of your bookmarks.

CRTC Requires VOIP to Deliver 911 Service

Mon, 04 Apr 2005 23:45:28 GMT

The CRTC gave notice that VOIP carriers will be required to deliver 911 service or provide ongoing notice to clients along with acknowledgement of limitations on 911 service. Most VOIP carriers have indicated they will likely be able to meet the new requirement.

Here is the Government announcement.

RSS and Privacy Risks

Wed, 23 Mar 2005 00:19:59 GMT

David T.S. Fraser [PIPEDA and Canadian Privacy Law] picked up an interesting post on the impact of RSS on privacy issues. Because you can subscribe to an RSS feed without giving any personal information, it is superior, from a privacy perspective, to opt in mailing lists where some information usually has to be disclosed:

The Information Security News - Blog Archive - Editorial: How RSS can reduce privacy risks:
"Offering web site content updates via an RSS feed rather than by opt-in email can reduce the risk of privacy exposures. Because subscribing to an RSS feed is a 'pull' technology, it avoids the collection of personal information (email address, name, etc.) that would normally get collected in order to maintain a subscription to a site update alert, newsletter or digest..."

What's Big in 2005

Mon, 21 Mar 2005 00:25:24 GMT

ABA Law Practice Today has an article on What's BIG in 2005.

Thu, 24 Feb 2005 00:11:25 GMT

How Lawyers Can Use Technology to Improve Their Practice. David Swanner of the South Carolina Trial Law Blog has a wonderful guest post today at Notes from the (Legal) Underground titled "Twelve Ways Technology Can Make You a Better Trial Lawyer." It's an amazingly comprehensive post, and one that... [The Illinois Trial Practice Weblog]

Wed, 02 Feb 2005 01:46:47 GMT

Electronic Data Security and Privacy: Words of Wisdom from Dan Pinnington. It was a lot easier keeping confidential material safe and secret when it only resided in your head and on paper. Now we have Internet connectivity, e-mail, databases, and electronic copies of at least every document that your office prepared.... [Jim Calloway's Law Practice Tips Blog]

CIRA Proposes a New WHOIS Policy

Tue, 23 Nov 2004 03:40:41 GMT

The Canadian Internet Registration Authority has proposed a new WHOIS policy (the publicly available information on the holder of domain names). The changes are designed to improve the privacy protection of individuals who hold domain names.

Michael Geist's comments on the proposal in the Toronto Star.

Mon, 01 Nov 2004 03:20:38 GMT

Leading financial analysts' report on blogs and RSS a must read. A recent report from Morgan Stanley's analysts Mary Meeker, Brian Pitz and Brian Fitzgerald is a must read for law firms who want to understand where the online publishing world is headed. Law firms are not seeking to generate revenue... [Real Lawyers :: Have Blogs]

Law in a Virtual World

Tue, 31 Aug 2004 01:54:40 GMT

From Richard Posner "a rich discussion of the laws that govern or should govern virtual worlds, see Balkin. Also a paper by Lastowka and Hunter."

Should On Line Gaming Environments be Regulated?

Thu, 26 Aug 2004 01:22:34 GMT

Richard Posner posts an interesting issue. As people become more immersed in online gaming, the experience will only become more and more "real" as technology advances. Should there be legal limits on the virtual world? People are "killing" other people every day on line. Should this be controlled or regulated in some way? What happens when other "real world" anti-social behaviour can be simulated in cyberspace, torture, rape, mass murder, is it all still just a game? Should there be some warning or control over the age of participants?

Thu, 29 Jul 2004 03:37:30 GMT

The High Cost Of Lost Emails.

My colleague Tom Freeman has written a useful bulletin [PDF] about severe penalties recently imposed by a federal district judge on UBS Warburg for destroying relevant emails while litigation was pending. (It's the kind of thing you want to show clients before this becomes an issue!)

On July 20, 2004, in her fifth written opinion in a "relatively routine employment discrimination dispute," Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York imposed sanctions against UBS Warburg ("UBS") for destroying relevant e-mail messages during the litigation. The Court ordered UBS to pay expenses and attorney fees incurred by plaintiff Laura Zubulake in pursuit of the missing e-mails. Zubulake v. UBS Warburg LLC, et al., S.D.N.Y 02 CV 1234 (SAS) 7/20/04; 2004 U.S. Dist. LEXIS (S.D.N.Y, July 20, 2004). In addition to the monetary sanctions, Judge Scheindlin also granted plaintiffâ€™s request for additional discovery and for a jury instruction permitting a negative inference to be drawn from the missing evidence.
[...]

[Link added] The Order [PDF] is definitely worth reading in its own right:

Commenting on the importance of speaking clearly and listening closely, Phillip Roth memorably quipped, "The English language is a form of communication!... Words aren't only bombs and bullets — no, they're little gifts, containing meanings!" What is true in love is equally true in law: lawyers and their clients need to communicate effectively with one another to ensure that litigation proceeds efficiently. When communication between counsel and client breaks down, conversation becomes "just crossfire," and there are usually casualties.
[...]

[Footnotes omitted]

[Bag and Baggage]

Doctorow on DRM

Mon, 21 Jun 2004 01:59:32 GMT

Cory Doctorow's notes on his presentation to Microsoft on DRM.

Canada Cited as World Leader in E-Government

Fri, 07 May 2004 01:25:03 GMT

A recent Accenture report found Canada to rank first among 22 countries in e-government for the fourth year in a row. [Government of Canada News - National]

Canada has Laws to Curtail Spam - Enforcement is the Problem

Thu, 06 May 2004 04:19:23 GMT

An article in the Toronto Star pointing out that Canada already has laws in place sufficient to deal with spam. The problem is a lack of resources and enforcement.

RSS Tutorial

Thu, 06 May 2004 02:19:38 GMT

If you want a good tutorial on RSS feeds, check this out.

No Microsoft Engineers in Quebec?

Tue, 13 Apr 2004 23:25:36 GMT

Microsoft lost a battle with the professional body that regulates engineers in the Province of Quebec (Ordre des ingenieurs du Quebec (OIQ)). Microsoft was penalized for use of the term engineer by a $1,000 fine. Microsoft has said it will appeal.

VOIP Comes to Canada

Tue, 13 Apr 2004 23:02:49 GMT

Vonage today began offering service in Canada. Vonage uses high speed internet connections to support telephone service (VOIP - Voice-over-Internet Protocol).

Remember the Blackout?

Tue, 06 Apr 2004 02:19:09 GMT

The Final Report on the Blackout is now out.

The causes were found to include:

Failure to maintain adequate reactive power support

Failure to ensure operation within secure limits

Inadequate vegetation management

Inadequate operator training

Failure to identify emergency conditions and communicate that status to neighboring systems

Inadequate regional-scale visibility over the bulk power system.

They also come up with 46 recommendations. Let's hope we see some action on these.

Critique of Music Industry Approach

Tue, 06 Apr 2004 00:18:45 GMT

Tyler Hamilton has a story in the Toronto Star providing some insight into the music industry's approach leading to its recent loss in Federal Court.

Jurisdiction and the Web

Tue, 06 Apr 2004 00:16:44 GMT

Michael Geist has an article in the Toronto Star today on the divergence in internet laws and jurisdiction. He draws on the recent Canadian copyright decision on downloading music as well as a corporate survey of businesses; their number one concern is exposure to foreign lawsuits arising out of their internet initiatives. This is probably putting a chill on e-business development, but it is also encouraging localization of the internet environment.

ISPs Do Not Have to Disclose Names of Alleged File Swappers

Thu, 01 Apr 2004 00:40:37 GMT

A momentous decision was released today by the Honourable Justice von Finckenstein of the Federal Court of Canada in BMG Canada Inc. v. Doe (decision here). The Court held that ISPs will not be compelled by the Court to disclose the names of subscribers alleged be involved in music file swapping. (see previous posts on this case here, and on the motion, here). This spells the end of RIAA type actions against music file sharers in Canada (subject to the inevitable appeal).

There were several important findings that are going to have a significant impact on technolegal development in Canada.

In dealing with whether the CRIA had met the onus of establishing a prima facie case, the Court held that "neither the affidavits nor the crossexamination of Mr. Millin provide clear and comprehensive evidence as to how the pseudonyms of the KaZaA or iMesh users were linked to the IP addresses".

The Court also held that "downloading a song for personal use does not amount to infringement" relying on Copyright Board of Canada, Private Copying 2003-2004 decision, 12 December 2003 at page 20.

The big issue to be addressed was whether having a file in a shared directory amounted to distributing or authorizing infringement. The Court held:

"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer user via a P2P service."

As had been suggested in an earlier e-Lawg post, CCH Canada Ltd v. Law Society of Canada had a significant impact on the development of law in this area:

"As far as authorization is concerned, the case of CCH Canada Ltd v. Law Society of Canada, 2004 SCC 13, established that setting up the facilities that allow copying does not amount to authorizing infringement. I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service. In either case the preconditions to copying and infringement are set up but the element of authorization is missing."

"The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution. Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying."

The Court also addressed the issue of privacy and anonymity, relying on Irwin Toy v. Doe (2000), 12 C.P.C. (5th) 103 (Ont. S.C.J.) stated at paras. 10-11:

"Implicit in the passage of information through the internet by utilization of an alias or pseudonym is the mutual understanding that, to some degree, the identity of the source will be concealed. Some internet service providers inform the users of their services that they will safeguard their privacy and/or conceal their identity and, apparently, they even go so far as to have their privacy policies reviewed and audited for compliance. Generally speaking, it is understood that a person's internet protocol address will not be disclosed. Apparently, some internet service providers require their customers to agree that they will not transmit messages that are defamatory or libellous in exchange for the internet service to take reasonable measures to protect the privacy of the originator of the information.

In keeping with the protocol or etiquette developed in the usage of the internet, some degree of privacy or confidentiality with respect to the identity of the internet protocol address of the originator of a message has significant safety value and is in keeping with what should be perceived as being good public policy. As far as I am aware, there is no duty or obligation upon the internet service provider to voluntarily disclose the identity of an internet protocol address, or to provide that information upon request."

This is a huge loss for the recording industry. It will no doubt be appealed and we will likely see significant lobbying efforts for legislative changes. But for now, it appears that people in Canada are free to download music for personal use.

How Weblogs Work

Sun, 28 Mar 2004 20:50:18 GMT

For those of you just getting into weblogs, a good article explaining the flow.

Theory and Practice of Online Learning

Tue, 23 Mar 2004 04:09:22 GMT

Theory and Practice of Online Learning