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Articles 1 - 15 of 15
Full-Text Articles in Privacy Law
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Canadian Journal of Law and Technology
New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …
The Internet And Protection Of Children Online: Time For Change, Jill Scott
The Internet And Protection Of Children Online: Time For Change, Jill Scott
Canadian Journal of Law and Technology
This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.
Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Canadian Journal of Law and Technology
In this paper we begin by describing location-based services, their evolution and their future directions. We then outline privacy issues raised by such services. In Part III we consider how current Canadian data protection laws apply to location-based services, and indicate where such laws fall short of addressing the full range of issues raised by location-based services. Part IV of the paper explores some technological methods to address the privacy challenges raised by location-based services. The paper concludes with a series of recommendations.
Electronic Discovery- Sedona Canada Is Inadequate On Records Management - Here's Sedona Canada In Amended Form, Ken Chasse
Canadian Journal of Law and Technology
A paper record can exist without its records system; an electronic record cannot. To use, corrupt, or destroy a paper record, one needs physical access to the records system wherein it is stored. But to use, corrupt, or destroy an electronic record one merely needs electronic access to its records system, from anywhere. Therefore any set of rules or principles for controlling the use of electronic records for any purpose, including electronic discovery, should incorporate the established policies and practices of electronic records management.
As to cost, rules of electronic discovery are needed with which to punish par- ties with …
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Canadian Journal of Law and Technology
This paper focuses on taxation issues faced by non-resident e-commerce companies with no sustained presence in Canada apart from a web site. The tax liability of foreign corporations with a Canadian subsidiary, a physical Canadian office, or Canadian-based employees or agents will not be considered, even though there is substantial overlap in some of the relevant issues. By e-commerce companies we refer broadly to any firms conducting their primary business — whether business- to-business (B2B) or business-to-consumer (B2C) — by means of the internet.
In the first section we outline the framework for Canada’s taxation of non-residents conducting business in …
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Canadian Journal of Law and Technology
This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Canadian Journal of Law and Technology
Methods of medical treatment are not patentable in Canada. This means that inventions involving the performance of surgery, administration of medicine, or extraction of fluids or tissue for diagnostic tests cannot directly be protected under the current patent regime. However, this prohibition is not an absolute ban. Many medical innovations are patentable, including surgical tools and devices, drugs and other chemical compounds, medical “uses”, diagnostic assays and methods of treat- ing “natural” conditions. The practical reality is that the distinction between what is and what is not patentable is poorly defined. This uncertainty presents a steep challenge for inventors and …
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
Canadian Journal of Law and Technology
Nous nous intéresserons particulièrement à la mutation du paradigme de la régulation de l’audiovisuel classique13 dû à plusieurs facteurs: pour être diffuseur sur les ondes hertzienne il fallait être titulaire d’une licence accordé par l’Etat, sur Internet tout le monde peut l’être à sa guise. Les moyens techniques et financiers ne sont plus une barrière à l’ entrée, le nombre de joueurs qui e ́ tait jusque-là restreint devient, en théorie, incalculable. Le mécanisme de responsabilité mis en place est remis en cause, par la dilution des frontières, l’anonymat, ou l’insolvabilité des diffuseurs. Les modèles d’affaires doivent être revus, le …
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Canadian Journal of Law and Technology
The Supreme Court of Canada has consistently wrestled with the conflict between legislation designed to protect consumers’ health and the constitutional guarantee of the fundamental freedom of expression. This paper investigates the justification for the current regulatory framework for pharmaceutical advertising on television. Aware that the provisions in the FDA are able to withstand Charter of Rights and Freedoms (Charter) scrutiny, several possible policy initiations are nevertheless proposed.
The paper is divided into five separate sections. Having first introduced DTCA of pharmaceuticals on television in Section I, I will now turn to a more comprehensive examination of DTCA in Canada …
Lessons From Bilski, Haewon Chung
Lessons From Bilski, Haewon Chung
Canadian Journal of Law and Technology
In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian …
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
UIC John Marshall Journal of Information Technology & Privacy Law
The pertinent questions therefore are: first, could software vulnerabilities be obviated simply by ameliorating factors responsible for market failure as canvassed by the literature on the economics of software security, drawing on the strength of the theory of information asymmetry, or are vulnerabilities inevitable irrespective of market dynamics and solutions? Second, to what extent is vulnerabilities research or the surreptitious exploitation of software vulnerabilities by hackers tantamount to trespass, and what are the legal implications, if any? Third, to what extent is the peddling of software vulnerabilities valid or enforceable in law? Fourth, what are the implications of software vulnerabilities …
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Richmond Journal of Law & Technology
Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.
A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew
A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew
Journal Articles
This Article challenges the standard account of the creation of the right of publicity. In the legal literature, the prevailing narrative is of the right of publicity being intimately linked to the commodification of celebrity. Ultimately, however, there is more to the story of the right of publicity than the decision to protect something of economic value. It took decades after it had become clear that celebrities could be valuable commercial spokespersons for lawmakers to agree to make the right inheritable, separate from the dignitary right of privacy, and potentially applicable to any economic, secondary use that invoked the celebrity …
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
UIC Law Review
No abstract provided.