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Privacy

Canada and US Continue to Diverge on Geolocational Privacy

Just because technology now exists to track a person through their mobile phone does not mean you are legally entitled to do so.  This was the main conclusion by the Supreme Court of New Jersey in their unanimous, groundbreaking geolocational privacy decision in State v. Earls.

Yahoo! Wins Twice At the US Foreign Intelligence Surveillance Court

On July 15th, 2013, Judge Walton of the US Foreign Intelligence Surveillance Court (“FISC”) granted a motion put forward by Yahoo on June 14th, which called for the release of more details about the government’s push in a 2008 case to obtain user data under the Protect America Act.

Breach of Confidence: Your “Friends” Can’t Protect You

As social media becomes increasingly prolific, the perils of its use are becoming increasingly apparent. Yet another case has highlighted that the information you place in the online sphere is liable to harm you in a court of law.

The Office of the Privacy Commissioner Calls for Changes to PIPEDA

On May 23rd, 2013, the Office of the Privacy Commissioner of Canada (“OPC”) released a report entitled “ The Case for Reforming the Personal Information Protection and Electronic Documents Act” (the “Report”). The Report proposes a number of changes to the Act by identifying four main “pressure points”.

Who Inherits Your Likes?

Our myriad of online accounts for social media and other cloud services will all persist after our deaths. Until recently, not much thought was given to managing these digital assets after we pass.

Developments in Data Protection in 2012 and Trends for 2013

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. 2012 was a very busy year for Italian lawmakers. Several laws significantly amended the Italian data protection legal framework, as set forth in the Italian Data Protection Code (Legislative Decree No. 196/2003).

Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax

With markets in real property, personal property, and intellectual property quite cornered, the future-savvy lawyer might consider their cutting-edge cousin, if France's data-mining tax proposal has its way: what could be termed existential property*, courtesy of Google, Facebook, Amazon, and the like. Or rather, courtesy of their users, whose digitally collected personal data may be wholesale […]

Electronic Communication: Privacy (In)Action

In the US, a recent bill that included amendments to the Video Privacy Protection Act (VPPA) has caused considerable controversy among privacy advocates. While some are worried about what is in the bill, the bigger problem is what it leaves out.

2012 IP Year in Review: Hollywood Couldn't Make an Action Movie this Good

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. 2012 was an action-packed year in the world of intellectual property law. There were flurries of reports, decisions, and new legislation that confronted many core principles of […]