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- Book reviews (2)
- AB (Litigation Guardian of) v Bragg Communications Inc. (1)
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- Medical records (1)
- Monsanto v Schmeiser (1)
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- Personal data protection laws in Canada and Europe (1)
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Articles 1 - 30 of 34
Full-Text Articles in Privacy Law
The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield
The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield
Canadian Journal of Law and Technology
Patent-Eligible Subject-Matter in Canada
The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …
Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim
Canadian Journal of Law and Technology
As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.
This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …
A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff
A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff
Canadian Journal of Law and Technology
He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.
— George Orwell, 1984
On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …
Understanding The Internet As A Human Right, Michael Karanicolas
Understanding The Internet As A Human Right, Michael Karanicolas
Canadian Journal of Law and Technology
Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …
The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson
The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson
Canadian Journal of Law and Technology
Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
BYU Law Review
No abstract provided.
Property As Control: The Case Of Information, Jane B. Baron
Property As Control: The Case Of Information, Jane B. Baron
Michigan Telecommunications & Technology Law Review
If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Giving Credit Where Credit Is Due: A Comment On The Theoretical Foundation And Historical Origin Of The Tort Remedy For Invasion Of Privacy, 29 J. Marshall J. Computer & Info. L. 493 (2012), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
UIC John Marshall Journal of Information Technology & Privacy Law
In a large and complex society, anti-social behavior cannot be restrained by government intervention alone—without it becoming a police state. Informal social controls are necessary to keep deviance from societal norms and values at a socially acceptable level, and one of the levers of this social pressure is the observation of and reaction to the personal conduct of members of one’s community.
This article argues that in several areas of contemporary American life decreasing privacy by strengthening informal social controls will lessen the need for state surveillance and regulation, which tends to be act with a heavier hand and is …
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, 29 J. Marshall J. Computer & Info. L. 594 (2012), Steve Silver
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
UIC John Marshall Journal of Information Technology & Privacy Law
Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs
Canadian Journal of Law and Technology
Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …
In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles
In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles
Canadian Journal of Law and Technology
In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better …
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Canadian Journal of Law and Technology
The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …