David Canton is a business lawyer and trade-mark agent with a practice focusing on technology issues and technology companies.



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December 24, 2008

5 legal reasons Santa answers to no geo-political authority

Tags: — David Canton @ 8:58 am

That’s the title of my Slaw post for today.  It reads as follows:

1. Border crossings would delay his delivery. Imagine Santa explaining himself to a border guard/customs agent.

2. Reduces product liability risk for any defective toys.

3. Avoids scrutiny of privacy issues of the naughty/nice list.

4. Avoids pressure by toy lobbyists and sympathetic legislators.

5. Makes it easier to protect his trade-secrets for sleigh innovations, home entry techniques, and apparent mastery of space and time.

 

December 23, 2008

Cameras as security theatre

Tags: , , — David Canton @ 9:41 am

Techdirt and Slashdot comment that some people have placed images of license plates belonging to people they are not fond of on their own cars, then speeding by photo radar, resulting in the other person getting a ticket. 

Techdirt’s spin on this:

In general, we have trouble with things like speed cameras and red light cameras — both of which don’t tend to do much of anything to make the roads safer (rather, there’s evidence that they lead to more accidents). The reality is that they are really about boosting revenue for local governments, not about safety — which explains why plenty of places have been found illegally changing parameters to make them bring in more revenue.

December 22, 2008

Federal privacy watchdog weighs in

Tags: , — David Canton @ 8:07 am

For the London Free Press – December 22, 2008

Read this on Canoe

Federal Privacy Commissioner Jennifer Stoddart recently published her 2007-08 annual report to Parliament on the Privacy Act.

The report highlights concerns over the general increase in surveillance and the government’s lack of recognition that collecting and analysing a plethora of personal information from ordinary people may not be the best way to protect us.

The Privacy Act deals with Ottawa’s privacy obligations.

The commissioner is concerned that our privacy rights are eroded every time the government offsets pledges for greater efficiency, service and safety with our personal and private information.

“There must be wider recognition of the reality that with each well-intentioned promise comes an increased erosion of privacy, risk of data security, diminished intellectual freedom and less personal autonomy,” she writes.

“The Orwellian dystopia was predicated on a totalitarian society. In our democracy, benevolent intentions appear to be pushing us toward a surveillance society.”

The report addresses this tension by suggesting a privacy test that would require the state to consider whether:

- There is a need that clearly outweighs the privacy loss.

- The privacy intrusion is proportionate to the benefit to be gained.

- There are other, less-intrusive mechanisms to achieve the same goal.

The report also comments on two well-intentioned government initiatives: Canada’s Passenger Protect Program, or no-fly list, to prevent terrorist incidents on commercial aircraft; and enhanced driver’s licences, meant to provide Canadians with an alternative form of identification for crossing the U.S. border.

The report does not take issue with the government’s intentions, but rather the inevitable increased surveillance of Canadians and concerns such federal initiatives may not always clear privacy test thresholds.

The Passenger Protect Program lets Ottawa secretly use personal information to determine who may or may not board aircraft. The report says there’s a lack of positive evidence of the effectiveness of no-fly lists, and the program raises profound concerns about privacy and fundamental rights protected by the Canadian Charter of Rights and Freedoms.

The driver’s licences are enhanced with RFID chips carrying information similar to that found on passports. Concerns have been raised about the personal information this will divulge, the potential for covert location tracking, and Ottawa’s inability to supervise receipt and use of this information by U.S. officials.

The report concludes by noting the commission’s efforts to protect privacy in the public sector are hindered by a badly outdated privacy law.

The commissioner calls for a commitment from the government to reform the law by bringing it into the 21st century, and to protect and respect individual privacy.

December 19, 2008

Yahoo to anonymize user data in 90 days

Tags: , — David Canton @ 8:23 am

Yahoo announce this week that it would anonymize search user data (in most cases) after only 90 days.  That’s significantly less than Google or others – some of which until recently retained it for a couple of years.  There has been a lot of pressure to reduce the amount of time that user data is retained.  Those that want to retain it longer say it is needed for the user experience. 

Of course its all about the details, and how anonymous it really becomes, but the less info that is retained about individuals, the better.  Like many things it is a balancing act – some info retention is needed to provide services – the tough practical issue is how to provide the services but at the same time limit the amount of personal information retained, and how long it is retained.

December 17, 2008

12 days of EFF

Tags: — David Canton @ 8:57 am

I’ve referred to the Electronic Frontier Foundation (EFF) before.  The EFF describes itself as the leading civil liberties group defending your rights in the digital world.

They have summarized their work in 2008 by a video inspired by the 12 days of Christmas.

December 16, 2008

Document service by Facebook

Tags: , — David Canton @ 8:06 am

Seems that an Australian court ordered a default judgement to be served on two defendants by sending a message to their Facebook pages.  See this article in the Australian Morning Herald.

Cory Doctorow of Boing boing comments on how this is a bad idea, saying how “It’s like serving notice on me by sticking a post-it on a toilet wall on which someone has written “Cory wuz heer” and declaring it legal.”

I wouldn’t go that far – this is hardly going to become a standard method of service. 

Kudos to the court in my view – this would be more effective than the usual last resort of publishing a notice in a local newspaper.

December 15, 2008

No shortage of ideas for gadget junkies

Tags: — David Canton @ 8:49 am

For the London Free Press – December 15, 2008

Read this on Canoe

Struggling with ideas for Christmas gifts for those into gadgets or technology? Here are some suggestions.

Buy a backup solution for their home computer to protect from the loss of data in case of hard drive failure or erasure. Numerous options are available including hard drives specifically designed for backup via USB, online backup services, or a Windows home server.

Buy them their own personal domain name so their e-mail address can be, for example, firstname.lastname.ca.

Set up encryption on their wireless router to WPA2 standards so others can’t use their wireless network and potentially compromise their information, or use their Internet connection for nefarious purposes.

Netbooks, or miniature notebook computers, seem to be the current rage. They are smaller and lighter than typical notebooks, and while they are generally less powerful and not usable for a primary computer, they are fine for tasks like e-mailing and surfing the Net.

Buy a battery backup system for their computer and router so temporary power outages are less likely to disrupt their system.

Buy a high-capacity storage card for their digital camera. Memory costs have dropped dramatically over the last couple of years.

Buy a media extender that connects their television to their computer so they can use their TV and home theatre system to display or play photos, video, and music stored on their computer. Dedicated media extender boxes are available, but the most inexpensive alternative is actually an Xbox 360.

One can never go wrong with an mp3 player. If the person is an Apple fanatic, only the latest and greatest iPod will do. Others may be interested in a Microsoft Zune or some other brand of mp3 player.

If they already have an iPod, buy them good-quality earphones with a black cord. That reduces the chance someone will try to steal their iPod, and gives better sound quality.

For someone who has far too many remote controls, buy a universal remote. Models are available that can be programmed through a computer to work with the specific equipment at hand. One push of a button is often all that is required. For example, pressing “play game” will turn on the TV, turn on the game console, and set the TV input to the right spot.

Buy a Bluetooth headset. That will come in handy when the use of hand-held phones in cars is banned. They can also be used with a computer for calling services such as Skype, or to play online games.

And speaking of Skype, consider setting up Skype or other Voip (voice over Internet protocol) service to avoid long-distance charges.

For someone who has to have the latest and greatest camera, buy a Red camera system, which lets you mix and match components that make up a custom digital SLR camera. It also has the advantage of allowing one to upgrade components at any time.

But then, it’s not available for sale yet, so maybe this will have to wait until next year.

December 12, 2008

Spend infrastructure money on a London Performing Arts Centre

Tags: , — David Canton @ 8:26 am

If we are going to spend our way out of this recession by doing infrastructure projects, what better way than to build a performing arts centre in London.

Lets get on with it and design/build a PAC that is the most environmentally friendly, functional and attractive PAC on the planet.

In addition to all the other reasons for building a PAC, it would accomplish many things: 

  • provide economic stimulus and jobs
  • provide a boost to London area environmental research
  • provide a positive buzz about accomplishing something we can be proud of to boost confidence
  • improve the perception of London as a good place to be
  • help Orchestra London gain solid financial footing by boosting attendance

December 11, 2008

What Microsoft needs to fix with Windows mobile

Tags: , — David Canton @ 10:06 am

BusinessWeek has an article entitled Windows Mobile: What Microsoft Needs to Fix.  It talks about how phones using the Windows mobile operating system are losing market share to the iPhone and Google Android, and what Microsoft needs to do to fix it.

I hope Microsoft can pull it off with Mobile 7, and that they get it out to the market soon.  The marketplace needs the competition.

For example, I currently use an HTC phone with Windows Mobile 6.  When I got the phone about a year and a half ago, it was cutting edge.  But now, with the advent of the 3G iPhone, and Blackberry Bold and Storm, it seems like a boat anchor in comparision.

When my 2 year phone contract rolls over this Spring – I may just switch over to an iPhone.  I have always tried to resist the Apple hype – but may not be able to any longer.

There are rumours that Microsoft may announce a Zune phone at the upcoming CES.  That could prove interesting if it is done right, and if it can ship relatively soon with a compelling mobile 7 OS. 

One of the frustrations with mobile phone announcements is that they are usually announced as vapourware – and not available for months – and then often only much later in Canada – and perhaps not with one’s current carrier that one is tied to with things like family plans and other bundled services.

December 10, 2008

Another essential tech skill / pet peeve

Tags: , , — David Canton @ 8:39 am

That’s the title of my Slaw post for today.  It was inspired by Dan Pinnington’s Slaw post from yesterday.

It reads as follows:

Dan’s 10 essential technology skills and practices contains some good tips (although I must admit I’m not good with keyboard shortcuts – I think more graphically and tend to use the mouse).

I have a couple more to add.

When creating Word documents don’t use the “enter” key to create spaces between paragraphs. The right way is to use the paragraph settings to set the “before and after” spacing. Otherwise, you can’t make efficient use of things like paragraph numbering or bullets. And by using the “before and after” setting, you can often easily adjust the length of a document a bit to make it fit on one less page.

And don’t use page breaks to keep headings and paragaphs, or multiple paragraphs together. The “keep with next” feature within the paragraph settings does a far better job, and continues to work when things get moved around during editing. That’s assuming, of course, that you have used the “before and after” setting to create paragraph spacing.

And if you want to keep a consistent look and formatting among your headings and paragraphs, use “styles”.

One thing I like about Office 2007 is that the controls used to do these various things are very visible and easy to find. I highly recomend the upgrade.

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