Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Privacy (4)
- TFGBV (3)
- Censorship (2)
- Data protection (2)
- Intimate images (2)
-
- Technology-facilitated violence (2)
- #DeleteUber (1)
- #UberCestOver (1)
- AI (1)
- AI and healthcare (1)
- Algorithmic bias (1)
- Anti-violence online activism (1)
- Artificial intelligence (1)
- Authors' rights (1)
- Bias and discrimination of AI (1)
- Big data (1)
- Blockchain (1)
- CFAA (1)
- Canada (1)
- Canadian cultural policy (1)
- Canadian official marks regime (1)
- Charter of Rights and Freedoms (1)
- Chilling Effects (1)
- Civil (1)
- Civil law (1)
- Clinical outcomes and AI (1)
- Co-regulation (1)
- Computer Fraud And Abuse Act (1)
- Consumer home electronics (1)
- Copyright (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Privacy Law
Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan
Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan
Canadian Journal of Law and Technology
Post 9/11, where the current social and cultural temperature has constructed Islam as interchangeable with terrorism, digital intermediaries have responded with increased censorship of speech related to, emerging from, or advocating Islamic ideology. At the heart of this paper is the argument that digital intermediaries have relied on the opaqueness of machine learning technology (‘‘MLT”) to realize racialized surveillance, whereby speech concerning Islamic content has been disproportionally censored. This paper maps out how inherent biases concerning the ideology of Islam have been interwoven into the coding and machine learning used by the major tech giants. As a result of the …
Technologies Of Servitude Understanding Firmware Tpms As Interests In Personal Property, Anthony D. Rosborough
Technologies Of Servitude Understanding Firmware Tpms As Interests In Personal Property, Anthony D. Rosborough
Canadian Journal of Law and Technology
Widespread computerization and embedded system design has facilitated the pervasive and latent implementation of technological protection measures (‘‘TPMs”) to restrict device firmware access. Often referred to as ‘‘digital locks,” these restrictions impose a whole host of limitations on how owners use and manage the increasing number of products and devices in which they are incorporated. In many cases, TPM restrictions can prevent activities with social, environmental, and economical benefits, including repair, repurposing, and interoperability. In response, governments around the world are now revisiting and scrutinizing their TPM anti-circumvention laws within copyright and competition policy. Beyond these perspectives, this article looks …
Delineating The Legal Framework For Data Protection: A Fundamental Rights Approach Or Data Propertization?, Efe Lawrence Ogbeide
Delineating The Legal Framework For Data Protection: A Fundamental Rights Approach Or Data Propertization?, Efe Lawrence Ogbeide
Canadian Journal of Law and Technology
The Charter of Fundamental Rights of the European Union, like other key legal instruments around the globe, grants citizens the right to privacy in Article 7. The Charter, however, further provides for the right to data protection in Article 8. Simply put, the implication of Article 8 of the Charter is that the right to data protection is a fundamental right. The central question in this article is whether data protection indeed qualifies to be categorized as a fundamental right. If not, what other approach(es) to data protection may be implemented?
Officially Obsolete? A Critical Examination Of The Canadian Official Marks Regime And Its Waning Relevancy In Trademark Law, Maddison Tebbutt
Officially Obsolete? A Critical Examination Of The Canadian Official Marks Regime And Its Waning Relevancy In Trademark Law, Maddison Tebbutt
Canadian Journal of Law and Technology
When the Trademark Act (‘‘TMA”) came about in 1985, a unique aspect of Canadian trademark law was created: the official marks regime under section 9(1)(n). The official marks regime is available to public authorities and universities as a means of sidestepping the lengthy and expensive process of trademark registration and providing special protection for official marks. Once public authorities and universities obtain an official mark through this system, they are entitled to an expansive monopoly that allows them to use their mark for commercial use, while simultaneously keeping the official mark out of the public domain. Moreover, while …
Dignity, Intersectional Gendered Harm, And A Flexible Approach: Analysis Of The Right To One’S Image In Quebec, Yuan Stevens
Dignity, Intersectional Gendered Harm, And A Flexible Approach: Analysis Of The Right To One’S Image In Quebec, Yuan Stevens
Canadian Journal of Law and Technology
This article draws on critical feminist theory and the framework of intersectionality to examine how courts in Quebec have begun — and are poised — to respond to the phenomenon of the non-consensual sharing of images, particularly if they are of an intimate or sexual nature. Dunn’s work has demonstrated that Quebec’s dignity-focused approach to the protection of identity and privacy ought to guide the development of similar civil recourse provided in common law Canada. This paper fills a gap by identifying the affordances and gaps of Quebec’s legal approach from the vantage point of equality-seeking groups, with a particular …
Intimate Images And Authors’ Rights: Non- Consensual Disclosure And The Copyright Disconnect, Meghan Sali
Intimate Images And Authors’ Rights: Non- Consensual Disclosure And The Copyright Disconnect, Meghan Sali
Canadian Journal of Law and Technology
This article responds to a brand of legal realpolitik that says using property law to respond to the non-consensual distribution of intimate images (NCDII) is appropriate and even necessary, because its remedial frameworks are well developed and provide the relief that is often most sought after by targets of an assault: the immediate removal of photos from online platforms. While some targets are not considered the ‘‘authors’’ of their intimate images, most of the images that are the subject of NCDII are selfies, taken by the target themselves. In these cases, that person rightfully owns the copyright in those images …
Bringing Section 8 Home: An Argument For Recognizing A Reasonable Expectation Of Privacy In Metadata Collected From Smart Home Devices, Ana Qarri
Canadian Journal of Law and Technology
Internet of Things devices (also known as smart home devices) are a fast-growing trend in consumer home electronics. The information collected from these devices could prove very useful to law enforcement investigations. These individual pieces of metadata — the collection of which might appear harmless on its face — can be highly revealing when combined with other metadata or information otherwise available to law enforcement. This article builds an argument in favour of recognizing a reasonable expectation of privacy in metadata collected from smart home devices under section 8 of the Canadian Charter of Rights and Freedoms. This article presents …
Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa
Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa
Canadian Journal of Law and Technology
In this article, we canvas why AI may perpetuate or exacerbate extant discrimination through a review of the training, development, and implementation of healthcare-related AI applications and set out policy options to militate against such discrimination. The article is divided into eight short parts including this introduction. Part II focuses on explaining AI, some of its basic functions and processes, and its relevance to healthcare. In Part III, we define and explain the difference and relationship between algorithmic bias and data bias, both of which can result in discrimination in healthcare settings, and provide some prominent examples of healthcare-related AI …
Responding To Deficiencies In The Architecture Of Privacy: Co-Regulation As The Path Forward For Data Protection On Social Networking Sites, Laurent Cre ́Peau
Responding To Deficiencies In The Architecture Of Privacy: Co-Regulation As The Path Forward For Data Protection On Social Networking Sites, Laurent Cre ́Peau
Canadian Journal of Law and Technology
Social Networking Sites like Facebook, Twitter and the like are a ubiquitous part of contemporary culture. Yet, as exemplified on numerous occasions, most recently in the Cambridge Analytica scandal that shook Facebook in 2018, these sites pose major concerns for personal data protection. Whereas self-regulation has characterized the general regulatory mindset since the early days of the Internet, it is no longer viable given the threat social media poses to user privacy. This article notes the deficiencies of self-regulatory models of privacy and contends jurisdictions like Canada should ensure they have strong data protection regulations to adequately protect the public. …
Book Review: Mike Zajko, Telecom Tension: Internet Service Providers And Public Policy In Canada*, Matt Malone
Book Review: Mike Zajko, Telecom Tension: Internet Service Providers And Public Policy In Canada*, Matt Malone
Canadian Journal of Law and Technology
The world of telecommunications, writes Mike Zajko in this timely analysis of internet service providers (ISPs), “is a world many of us have never wondered about, just as we are rarely curious about where our sewage goes or how the electricity grid is configured.” Yet ISPs are not just conduits of fast-traveling light pulses that deliver the internet; they transmit, channel, form, and express a multitude of public policy issues, and they have an important level of agency in the construction and exercise of those policies, too. These dynamics have implications for a large bandwidth of topics relevant to Canadians, …
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon Penney, Bruce Schneier
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon Penney, Bruce Schneier
Articles, Book Chapters, & Popular Press
End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …
Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
Canadian Journal of Law and Technology
This introductory article proceeds in three parts. First, it discusses the origins of this special issue as part of a multi-event, SSHRC-funded conference that focused on pushing beyond a narrow conception of TFGBV; rather than approaching TFGBV as solely an issue of interpersonal behaviours, the animating objective of the conference was to examine the structural, systemic, and design factors that contribute to TFGBV. Second, it explores the importance and promise of reframing TFGBV in this way through intersectional and structural lenses. Third, it briefly highlights some of the key insights from each of the contributions in this special issue. It …
From Nyan Cat To Nfts: Determining How Canada’S Cultural Property Export And Import Act Applies To Digital Works, Mitchel Fleming
From Nyan Cat To Nfts: Determining How Canada’S Cultural Property Export And Import Act Applies To Digital Works, Mitchel Fleming
Canadian Journal of Law and Technology
One of Canada’s principal pieces of legislation enacted to protect its cultural patrimony is not well equipped to deal with the rise of digital content creation. Digital works, particularly NFTs, pose a unique challenge to the established regime. This paper seeks to understand how these artistic developments fit within the current legislative framework and whether legislative action is needed to bring these revolutionary mediums within the scope of the Cultural Property Export and Import Act. Ultimately, the author concludes that while digital works may be captured by the Act under specific circumstances, the protectionist policies of the past are …
“I Bet You Don’T Get What We Get”: An Intersectional Analysis Of Technology-Facilitated Violence Experienced By Racialized Women Anti- Violence Online Activists In Canada, Nasreen Rajani
Canadian Journal of Law and Technology
Despite growing attention to violence that women face in online settings, a relatively small proportion of academic work centres on the experiences and perspectives of racialized women in Canada. Informed by an intersectional framework, I draw on semi-structured interviews with nine women across Canada, all of whom are involved in anti-violence online activism, about their experiences of technology-facilitated violence (TFV). Their experiences revealed less prominent narratives, including instances of TFV beyond instances of intimate partner violence (IPV) and beyond sources of anonymous trolling by supposed white men, such as violence perpetrated by peers, white women, and racialized men. In this …
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Reports & Public Policy Documents
The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …
Understanding Chilling Effects, Jonathon Penney
Understanding Chilling Effects, Jonathon Penney
Articles, Book Chapters, & Popular Press
With digital surveillance and censorship on the rise, the amount of data available online unprecedented, and corporate and governmental actors increasingly employing emerging technologies like artificial intelligence (AI), machine learning, and facial recognition technology (FRT) for surveillance and data analytics, concerns about “chilling effects”, that is, the capacity for these activities “chill” or deter people from exercising their rights and freedoms have taken on greater urgency and importance. Yet, there remains a clear dearth in systematic theoretical and empirical work point. This has left significant gaps in understanding. This article has attempted to fill that void, synthesizing theoretical and empirical …
‘‘Don’T Take On The Responsibilty Of Somebody Else’S Fu**Ed Up Behavior”: Responding To Online Abuse In The Context Of Barriers To Support, Chandell Gosse
‘‘Don’T Take On The Responsibilty Of Somebody Else’S Fu**Ed Up Behavior”: Responding To Online Abuse In The Context Of Barriers To Support, Chandell Gosse
Canadian Journal of Law and Technology
Responsibilization, in a true circular fashion, is not only born of but also benefits institutional (e.g., social media companies and law enforcement) and cultural power structures (e.g., misogyny and patriarchy). When targets of online abuse take responsibility for the abuse launched against them, that assumption of responsibility requires energy, and that energy is taken away from efforts to hold institutions and perpetrators accountable. Responsibilization tries to tranquilize change in the service of power. The tricky thing about interrupting this process is that it requires more than just offering better support. It also requires exposing, challenging, and dismantling harmful ideologies, belief …
Onlife Harms: Uber And Sexual Violence, Amanda Turnbull
Onlife Harms: Uber And Sexual Violence, Amanda Turnbull
Canadian Journal of Law and Technology
Uber markets itself as a technology company that is managed primarily by ML algorithms with the support of human engineers. Yet, in its 2019 Report, the role that its technology played in relation to sexual violence is, for all intents and purposes, absent. Likewise, solutions dealing specifically with the role of technology in facilitating gender-based violence are also missing from the series of initiatives in which Uber has invested that are aimed at preventing sexual violence. Uber was not sufficiently rigorous in defining the problem it was trying to solve. It was a missed opportunity that has resulted in continued …
On The Internet, Nobody Knows You Are A Dog: Contested Authorship Of Digital Evidence In Cases Of Gender-Based Violence, Suzie Dunn, Moira Aikenhead
On The Internet, Nobody Knows You Are A Dog: Contested Authorship Of Digital Evidence In Cases Of Gender-Based Violence, Suzie Dunn, Moira Aikenhead
Canadian Journal of Law and Technology
We examine various aspects of digital evidence at GBV trials, drawing on relevant Canadian criminal case law. First, we describe some of the unique challenges related to electronic documents generally with respect to determining authorship. Second, we review some of the historical and ongoing practices within the criminal justice system that rely on harmful gendered myths about GBV and note the potential for these myths to emerge in relation to digital evidence. Third, we discuss the duty of investigating police officers to gather the necessary available digital evidence to demonstrate authorship and note potential gaps in current investigatory practices that …