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 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.

January 8, 2009

Woman fired by Facebook message

Tags: , — David Canton @ 9:26 am

The Calgary Herald reports that a woman was recently fired from her job by a message sent to her via Facebook.  She had only been at the job for 2 weeks.  So is “cyber sacking” the way of the future, or just a cruel/lazy way to terminate someone?

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.

September 8, 2008

Who owns your Facebook friends?

Tags: , , — David Canton @ 7:25 am

For the London Free Press – September 8, 2008

Read this on Canoe

A U.K. court recently ordered an ex-employee of a recruitment firm to disclose details of his profile, business contacts and e-mails at his social networking site, LinkedIn, to his former employer.

So who owns those contacts — the employee or the employer?

LinkedIn is a social networking site used to maintain contacts, and exchange information, ideas and opportunities. One of its functions is to network for jobs and marketing one’s services. The ex-employee had invited his employer’s customers to join his network at LinkedIn while he was still in their employ. The employer claimed those contacts belonged to them.

He allegedly used his LinkedIn network to approach customers for his own rival business, which had been set up a few weeks before the end of his employment.

The decision shows the tension between employees being encouraged by their employers to use social networking websites, but at the same time trying to keep the contacts confidential at the end of their employment.

Professional relationships are established in many ways in the workforce. Social networking websites such as Facebook, MySpace and LinkedIn can assist and ease the development of these “business” relationships. The connections you make can blur the line between professional and personal.

The real legal issue is not ownership, but whether the employer is entitled to the contact list, and whether the ex-employee is restricted in any way from using that information.

The starting point is that customer lists are the employer’s property, and employees and former employees should use those for their employer’s purposes, not personal gain.

What ex-employees can do with former employer contact information depends on a variety of factors, such as whether the contacts are customers, what the ex-employer’s role was, what obligations are in place for confidentiality, non-competition and non-solicitation, what personal or pre-existing relationship exists between the ex-employee and customer, and the reason the ex-employee wants to contact them.

The answer should be the same whether the information is in a company database, or whether duplicates are kept by the employee on a social network site or some means not controlled by the company.

The wrinkle is that the blurring of work and personal, and the use of social networking sites, makes it more difficult to determine whether the information is corporate, personal, or mixed.

It would be an easier decision to make if all the contact information was stored on a company-owned or -controlled system.

Equally difficult is the issue of whether information on the social networking site should be provided to the employer on the basis that since it was created as part of the employee’s role in the company, it should remain a company asset for others to use.

The lesson in this case is that both employers and employees should think about how workers use social media for business purposes, and consider and communicate the expectations that go along with it.

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