Post Tagged with: "Internet Jurisdiction"

Google by Travis Wise (CC BY 2.0) https://flic.kr/p/rEx9kx

How the Supreme Court Can Avoid Turning the Internet Into an Online Wild West

Last week, the Supreme Court of Canada heard arguments in a case that strikes at the heart of law in the online world. Google v. Equustek Solutions stems from claims by Equustek, a Canadian company, that another company used its trade secrets to create a competing product and engaged in misleading tactics to trick users into purchasing it.

After struggling to get the offending company’s website taken offline, Equustek obtained a British Columbia court order requiring Google to remove the site from its search index. Google voluntarily removed search results for the site from Google.ca search results, but was unwilling to block the sites from its worldwide index. The B.C. court affirmed that the order applied on an international basis, however, issuing what amounted to global takedown order.

The Supreme Court hearing, which attracted intervenors such as the Wikimedia Foundation, Electronic Frontier Foundation, as well as the music and movie industry associations, focused on issues such as the effectiveness of a Google-targeted order, where the responsibility for identifying conflicting laws should lie, and the fairness of bringing an innocent third-party such as Google into the legal fray.

My Globe and Mail opinion piece notes that largely missing from the discussion was an attempt to grapple with perhaps the biggest question raised by the case: In a seemingly borderless Internet, how do courts foster respect for legal rules and avoid vesting enormous power in the hands of Internet intermediaries who may ultimately find themselves picking and choosing among competing laws.

Read more ›

December 13, 2016 5 comments Columns
The Nine. by Jamie McCaffrey (CC BY-NC 2.0) https://flic.kr/p/eA1qcp

Google v. Equustek: The SCC Hearing on Internet Jurisdiction and Free Speech

The Supreme Court of Canada heard arguments in Google v. Equustek Solutions, a hugely important Internet case with implications for Internet jurisdiction and free speech online. I wrote about the lower court and appellate court decisions and I have a forthcoming piece in the Communications of the ACM on the case.  I attended yesterday’s hearing and live tweeted some of the main exchanges between counsel and the court. As my final tweet of the hearing indicated, I have no idea where the court is heading in this case. A storified version of my hearing tweets is posted below.

Read more ›

December 7, 2016 13 comments News

Supreme Court Denies Leave in Bangoura Case

The Bangoura case, the much-discussed Canadian Internet jurisdiction case, has come to a close as the Supreme Court of Canada today denied Bangoura’s request for leave to appeal the Ontario Court of Appeal decision.  Still working its way through the courts is the appeal of the Burke v. NewYork Post […]

Read more ›

February 16, 2006 Comments are Disabled News

New Yahoo Case Raises Old Questions

My weekly Law Bytes column (Toronto Star version, freely available version, BBC International version) examines the recent 9th Circuit Court of Appeals Yahoo decision involving the long-running battle over Internet jurisdiction. I argue that while the legal and jurisdictional implications are important, the Internet considerations highlight the complexity associated with […]

Read more ›

January 25, 2006 Comments are Disabled Columns

The Long Arm of Canadian Internet Law

My weekly Law Bytes column (Toronto Star version, freely available hyperlinked column) reviews the Bangoura and Burke cases, the  two recent Canadian Internet jurisdiction decisions involving the Washington Post and New York Post. The Ontario Court of Appeal declined to assert jurisdiction in the Bangoura case, expressing concern that "to […]

Read more ›

September 25, 2005 Comments are Disabled Columns