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Full-Text Articles in Law
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
Articles & Book Chapters
No abstract provided.
Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney
Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney
Articles & Book Chapters
Online harassment, cyberbullying, hate, and other forms of online abuse pose a significant threat to human rights in Canada. Now, the country is at a crossroads: it will face American pressure to adopt a broad immunity model similar to Section 230 of the Communications Decency Act (CDA) or, at long last, take more robust action to address cyberharassment and other online abuse, beyond the piecemeal approach used today. Central to this regulatory debate are concerns and claims about “chilling effects”—that is, the idea that certain regulatory actions may “chill” or deter people from exercising their rights online and in other …
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
Articles & Book Chapters
In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.
Jurisdiction Over Telecommunications: Alberta Government Telephones V. Crtc, Peter W. Hogg
Jurisdiction Over Telecommunications: Alberta Government Telephones V. Crtc, Peter W. Hogg
Articles & Book Chapters
In Alberta Government Telephones v. Canadian Radio-television and Telecommunications Commission, the Supreme Court of Canada held that AGT was a federal undertaking, but that as an agent of the provincial Crown, it was not bound by regulations of the CRTC, made under the authority of the federal Railway Act. AGT is therefore presently unregulated. The author proposes that AGT was characterized as a federal undertaking on the basis of its membership within Telecom Canada and its border connections with neighbouring telephone companies, which allow it to provide interprovincial and international service. The AGT decision leaves open, however, the issue of …