Post Tagged with: "facebook"

Mark Zuckerberg F8 2018 Keynote by Anthony Quintano (CC BY 2.0) https://flic.kr/p/25Dx2mG

Facebook Canada’s Hard Questions Series Turns to Privacy

Earlier this week I had the opportunity to sit down with Rob Sherman, Facebook’s Deputy Chief Privacy Officer, for a discussion co-hosted by the Centre for Law, Technology and Society on the many privacy issues facing the company. The conversation, part of Facebook Canada’s hard questions series, touched on applying Canadian privacy law, Facebook’s terms of use, and the desire for greater control over the use of personal data. The full discussion is embedded below.

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May 3, 2018 0 comments News
Mark Zuckerberg's original Facebook profile by Niall Kennedy (CC BY-NC 2.0) https://flic.kr/p/apNav2

Be Careful What You Wish For: The Risk of Ceding Online Content Monitoring to Internet Giants

As elected officials place Internet giants such as Google and Facebook under an increasingly intense microscope, the pressure mounts on those companies to play more proactive roles in policing content on their networks. In recent weeks, the demands have come from seemingly every direction: privacy commissioners seeking rules on the removal of search results, politicians calling for increased efforts to address fake news on Internet platforms, and Internet users wondering why the companies are slow to takedown allegedly defamatory or harmful postings.

My Globe and Mail op-ed notes Internet companies can undoubtedly do more, but laying the responsibility primarily at their feet poses its own risks as governments and regulators effectively cede responsibility for content moderation and policing to private, for-profit companies. In doing so, there is a real chance that the Internet giants will become even more powerful, limiting future competition and entrenching an uncomfortable reliance on private organizations for activities that are traditionally conducted by courts and regulators.

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April 19, 2018 10 comments Columns
Pen English Consent Check Off Ankreuzen Contract CC0 Public Domain http://maxpixel.freegreatpicture.com/Pen-English-Consent-Check-Off-Ankreuzen-Contract-2052052

Why Clicking “I Agree” May No Longer Mean You Agree to Everything

Facebook lost a major legal showdown at the Supreme Court of Canada last week, as the court refused to enforce a forum selection clause included in its standard online contract requiring that legal actions against it be brought in California. In doing so, the court paved the way for a privacy class action lawsuit to proceed in British Columbia under provincial privacy law.

My Globe and Mail op-ed notes that a majority of the court ruled that the unequal bargaining power between consumers and companies such as Facebook meant that the clause should not be enforced. While the ruling can be narrowly interpreted as an affirmation of the importance of privacy rights and as a rebuke to companies that seek to contract out of those rights through forum selection clauses, the decision could have a far more reaching effect, forcing a re-examination of non-negotiated online contracts.

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June 27, 2017 5 comments Columns
Like by Thomas Angermann (CC BY-SA 2.0) https://flic.kr/p/9M8p3K

Supreme Court Rules Facebook Can’t Contract Out of B.C. Privacy Law

The Supreme Court of Canada issued a landmark decision this morning on the enforceability of forum selection clauses in online contracts, rejecting Facebook’s effort to block a privacy class action lawsuit in British Columbia on the grounds that its own contract specified that legal actions be brought in California. A divided court ruled that the unequal bargaining power between consumers and companies such as Facebook – combined with the importance of privacy rights – meant that the clause should not be enforced and that the lawsuit should proceed in Canada.

The decision represents a clear recognition that courts should not be quick to allow companies to contract out of important rights by ousting local laws through forum selection clauses. More broadly, the terms found within non-negotiated take-it-or-leave it clickwrap contracts should not always be enforced by the courts, particularly where important rights or remedies might be lost by doing so. While forum selection clauses are an obvious mechanism for restricting rights, the reasoning might also be applied to other online contractual terms that seek to override important laws and protections. These could include contractual terms that seek to override copyright user rights such as fair dealing or local consumer safeguards.

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June 23, 2017 5 comments News
Facebook by Franco Bouly (CC BY-ND 2.0) https://flic.kr/p/6rk2Qf

B.C. Court of Appeal Rules Facebook’s Fine Print Trumps Privacy Law

One week after the B.C. Court of Appeal ruled that it could order Google to remove websites from its global index, the same court (but different judges) ruled that a privacy class action lawsuit against Facebook could not proceed in the province because the Facebook terms and conditions provide that all disputes must be resolved in a court in Santa Clara, California. The decision should provide a wake-up call to users and policy makers because an absolute approach to terms and conditions not only means that Canadian courts may be unable resolve consumer disputes involving companies like Facebook, but that Canadian law will not apply either.

The current Facebook terms and conditions state:

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

While this appears to be slightly different from the terms that governed the dispute before the B.C. courts (it referenced courts in Santa Clara county), the key takeaway from the decision goes well beyond a proposed class action lawsuit over a Facebook “sponsored stories” program that no longer exists. The trial judge rightly noted that the heart of the case is whether online terms and conditions override domestic legal protections (in this case, the B.C. Privacy Act).

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June 22, 2015 9 comments News