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



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January 28, 2009

retailcommon is live – check it out

Tags: , — David Canton @ 9:51 am

retailcommon is a new concept in online retailing that is worth a look.  Click on the graphic at the top for a brief introduction to its features.

It will offer the sale of fashion/clothing to consumers, but with some unique twists.  Products are provided by retailers local to the consumer.  It will include social networking and video and promotion by fashion brands, including virtual showrooms. 

It is not yet operational, but its web site is now live and open to pre-registration, which means that if you give them an email address you will receive receive status updates. 

(Disclosure – our firm advises retailcommon)

Today is Data Privacy Day

Tags: , — David Canton @ 8:39 am

From my Slaw post for today:

Fellow Slawer David Fraser points out that today is Data Privacy Day, being celebrated in the United States, Canada, and 27 European countries.

Intel’s privacy day page says:

Designed to raise awareness and generate discussion about data privacy practices and rights, Data Privacy Day activities in the United States have included privacy professionals, corporations, government officials, and representatives, academics, and students across the country.

One of the primary goals of Data Privacy Day is to promote privacy awareness and education among teens across the United States. Data Privacy Day also serves the important purpose of furthering international collaboration and cooperation around privacy issues.

And on a related note, the Federal Privacy commissioner has just released Guidelines for Processing Personal Data Across Borders

Update:  The Federal Privacy Commissioner has marked Data Privacy Day by posting about The Top 10 Ways Your Privacy is Threatened

January 27, 2009

Location awareness – the good, the bad, and the disturbing

Tags: , , — David Canton @ 8:05 am

Wired magazine has an article written about a man’s experiment with a location aware lifestyle.  He used an iPhone and various applications to see what would happen when location aware tools were used.  He used them to find things, to feed his location into social networking sites, and to see what info he could find about others.

Some of it was interesting and useful, but there was also a stalkerish aspect to it.  The potential consequences, for example, of others being able to follow your every move and know where you are (and just as important, where you aren’t).  And how much information he was able to find quickly about a random woman he noticed taking photos with her iPhone.

That aspect of it caught the attention of the Canadian Privacy Commissioner, who referred to the article in her blog.

 

January 26, 2009

Law makes it a crime not to report

Tags: , , — David Canton @ 8:31 am

For the London Free Press – January 26, 2009

Read this on Canoe

Despite concerns over its practicality, Ontario legislators passed a new child pornography reporting law last month.

Bill 37 — the Child Pornography Reporting Act, 2008 — passed at Queen’s Park Dec. 4 with the unanimous support of all three parties.

A similar statute was enacted in Manitoba earlier last year.

The Ontario bill, amending the Child and Family Services Act, aims to provide greater protection for children.

Existing legislation requires certain persons, such as health-care workers and teachers, to report suspicions that a child is in need of protection.

The new law goes a step further by making it an offence for anyone who stumbles across suspected child porn and fails to report it. Essentially, the legislation will make it a crime not to do something.

Though no date has been set for its implementation, the government hopes to bring the act into force soon.

Regulations must be drawn up before the act can be implemented. The Children and Youth Services Ministry is working on developing these rules, which will establish, among other things, an authority to which suspicions of child porn must be reported.

The act places strict reporting obligations on individuals who come across suspected child pornography. The act’s definition of child porn parallels that in the Criminal Code.

This act will have significant implications for people who work with computers or communications systems. Employers will have to ensure employees are made aware of the new law in case they stumble across child porn while doing their jobs.

The new legislation will place a positive obligation on individuals to report any reasonable suspicions that a representation or material is, or might be, child porn to an organization, agency or person designated by regulation.

However, the test for determining whether material should be reported to officials is subjective. Individuals will not be fined for failing to disclose suspicious material if in their own mind they reasonably believe it is not child porn, even if a court ultimately decides it is.

If convicted, a person who fails to meet the reporting requirements faces a fine of as much as $50,000, up to two years in jail, or both.

The duty to report is an ongoing one, and the informant must continue to make reports even if previous reports have been made with respect to the same child.

Though a person may be fined for failing to report, the act doesn’t require anyone to seek out child pornography.

Given the act’s strict reporting requirements, safeguards have been put in place in an effort to protect persons who report suspicions of child pornography.

The legislation provides that an action cannot be brought against a person who provides information to authorities in good faith, and makes it an offence to disclose the identity of, or retaliate against, an informant.

This act was created to provide a tool for the protection of Ontario’s children, but only time will tell whether it will accomplish its goal.

January 23, 2009

Photographers fight back

Tags: , — David Canton @ 8:56 am

I’ve written before about how it is becoming too common in some countries for authorities to think that it is a crime for someone to simply take photographs.   In the UK, for example, there is a suspicion that if one is taking photographs of a public facility, you might be a terrorist.   There have been examples where people have been told it is illegal for them to take certain photographs, when that is not the case.   The photographer usually just complies to avoid the hastle, and avoid being arrested.

Take a look however at this post on the Photography is not a crime blog where some LA photographers recorded their discussion with security guards trying to stop them,   and these posts on the Photo Attorney blog  referring to the National Photograper’s rights association , and the National Press Photographers Association letter to Amtrak advising that Amtrak was trying to stop people taking pictures without any grounds to do so.

 

 

January 20, 2009

Obama’s TIGR (Technology, Innovation and Government Reform) Team.

Tags: — David Canton @ 8:11 am

No point blogging on anything but Obama today.   Michael points to a video showing the TIGR team discussing how the US government should use technology and the web 2.0 tools we now have to better and more efficiently provide its services.

This is absolutely the right approach – one we should be taking here in Canada as well.   I wrote yesterday about Canada needing a CTO – but that was from the perspective of getting legislation and policy in tune with the times.  Both approaches are needed.

January 19, 2009

Ottawa should follow U.S. lead on technology – CTO for Canada

Tags: , — David Canton @ 7:58 am

For the London Free Press – January 19, 2009

Read this on Canoe

Technology and its ramifications play an increasing role in our lives.

Unfortunately, governments don’t always understand the social and political impacts of technology, or how their decisions and new legislation affects innovation and our use of technology.

Canada should consider having a Chief Technology Officer to assist government to understand the trends and practical effects of technology.

In the United States, the Bush administration had a technology czar, who served mainly to defend against cyberattacks.

Barack Obama has made an effort to change and broaden that role. In late 2007, Obama introduced his idea of a chief technology officer, reflecting his pledge of more open decision-making in government.

Obama’s team has committed to embracing technology, because of the impact the Internet had on the election. His team’s plan is to employ online tools used during the campaign and lay the groundwork once his administration takes office.

It has been said that the Obama CTO’s mandate would be to create new levels of transparency and access to government agencies, and guide policies that stimulate growth, innovation, interoperability of key government functions, communication and, above all, security.

According to Obama’s official characterization of the role, the CTO would ensure “government and all its agencies have the right infrastructure, policies and services for the 21st century.

“The CTO will ensure the safety of our networks and will lead an interagency effort, working with chief technology and chief information officers of each of the federal agencies, to ensure that they use best-in-class technologies and share best practices.”

That role relates to delivery of government services. While that’s useful, the more fundamental role is to deal with how technology inter-relates with legislation and policy.

The general idea behind a Canadian CTO would be to have someone experienced and well-versed in science and technology issues, who understands current tools and trends in technology, where those trends may be headed, and how they may affect citizens and businesses.

Understanding that would lead to better legislation and policies on issues such as intellectual property, the Internet, new media, the environment, privacy and security.

The CTO also would be able to help government put lobbying efforts by various groups in context.

It also would help prevent the unintended consequences that can arise from legislation, and to avoid well-intentioned but misguided laws.

The CTO would help government interpret technology trends, understand how they affect practical issues, their ramifications and possibilities — then help create and implement policies that address and take advantage of those trends.

The aim would be for government to seek the CTO’s counsel on proposed legislation and policy of all types, help interpret it and put it in context.

Ottawa has yet to embrace this kind of approach. Canada needs to advance its position globally, become more innovative, and create its own leading-edge visions in technology. This is especially true in today’s economic climate.

January 14, 2009

Precedent as context, not an operating manual

Tags: , — David Canton @ 8:19 am

That’s the title of my Slaw post today.

It Reads:

I made that comment as an aside in an earlier post. This thought also ties in with a couple of Simon’s posts, and another of mine.

This is true for not just legal documents, but for things like legislation, business and government policies, and processes.

The operating manual approach means being a slave to precedent documents, processes or decisions and applying or using them blindly without enough independent thought as to how it fits the current situation.

The context approach means figuring out what the facts are and what result is needed, then using precedent as a guide or checklist to get to the best result for the situation at hand.

“That’s the way we have always done that” can be a dangerous approach, and does not foster innovation, improvement, or the right result.

For example, it was not unheard of for organizations doing privacy audits when privacy laws first appeared to find that they were collecting certain information for no other reason that it was listed on a form.

I’m not suggesting precedent is not valuable – it is indeed valuable as a guideline, an issue list, a place to start, a timesaver, a collection of prior wisdom, and an indication of what might be expected. But that value is negated if the precedent drives the result, rather than the facts and the needs.

“Tradition is a guide and not a jailer.” (quote from W. Somerset Maugham)

January 13, 2009

Court overturns Alberta privacy decision for pawnshop records

Tags: , — David Canton @ 9:03 am

David Fraser refers to an Edmonton Journal article stating “Court of Queen’s Bench Justice Joanne Veit ruled Alberta Information and Privacy Commissioner Frank Work was wrong when he concluded the city can’t force pawnshops to upload personal client details to an outside company’s database.”

The Privacy commissioner thought the system to record details about those pawning goods crossed the privacy line.   The court felt it didn’t.

January 12, 2009

U.S. race reflects Facebook’s arrival as political force – SOCIAL networking: Activism has found an effective medium

Tags: , , — David Canton @ 7:26 am

For the London Free Press – January 12, 2009

Read this on Canoe

What started as a social- networking system for Harvard University students is becoming a political force to be reckoned with.

Founded in 2004 by Harvard student Mark Zuckerberg as a social-networking site, Facebook has quickly become an international phenomenon.

Lately, activists and politicians have tapped into this popularity.

During the recent U.S. election, many people turned to Facebook to keep up to date on presidential candidates and voice their political beliefs.

Most impressively, Barack Obama used Facebook as a tool to build support and raise huge amounts of funding for his camp-aign. A pioneer in Internet camp-aigning, Obama’s fundraising efforts were unmatched by rival candidates.

Hillary Clinton’s traditional political campaign attempted to attract the attention of large donors, but by campaigning through Facebook, Obama was able to attract small donations from a large number of people.

Following the success of Obama’s approach to campaigning, it is likely that his approach will be used as a model by future politicians.

Social-networking sites also have been used to attempt to increase the interest of young voters in politics.

During the U.S. presidential race, Facebook teamed with Rock the Vote, a non-partisan political group for young people. In a bid to encourage young voter participation, citizens were able to register to vote online via Facebook and invite friends to join in the movement.

Facebook activism has increased in popularity in Canada, where Facebook groups have popped up protesting everything from text-messaging fees to data rates. In 2008, a Facebook group protesting federal government plans for copyright reform grew to more than 90,000 members.

Recently, the Ontario government put a stop to a proposed restriction on the number of passengers whom mainly teen drivers would be permitted to have in their cars after a Facebook protest grew to nearly 150,000 members in a little more than two weeks.

The legislation was intended to reduce the number of accidents involving teenage drivers by limiting people with a G2 licence to carrying only one passenger in the car. In what can be described as a win for democracy, the measure was withdrawn in the wake of the huge protest on Facebook.

So perhaps the province acted too hastily in 2007 when it banned Facebook use by its employees on the grounds that it led to reduced productivity. Given the site’s growing use for political purposes, Queen’s Park may wish to rethink its position.

As online activism gains popularity, government agencies may have no choice but to join the Internet frenzy.

Despite critics’ arguments that Facebook groups do not provide a strong indication of the general public’s views, it’s clear that they must be taken seriously.

With a generation of young voters who have grown up in an Internet society entering the political world, online activism is likely to become a huge political force in the future.

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