Articles by: Michael Geist

One Phone Call is Not Enough: Court Rules You Have the Right to Google a Lawyer

Hollywood crime dramas are infamous for the scene when an accused is taken to a local police station and permitted a single phone call to contact a relative or lawyer. While the storyline is myth – there is no limit on the number of phone calls available to an accused or detainee – a recent Alberta case established a new, real requirement for law enforcement. After a 19-year old struggled to find a lawyer using the telephone, the court ruled that police must provide an accused with Internet access in order to exercise their right to counsel.

Christopher McKay, who faced a driving while under the influence charge, told police that he wanted to exercise his right to legal counsel. McKay’s cellphone and other personal belongings were placed in a police locker when he arrived at the station. McKay was told there was a toll-free number available to contact a lawyer as well as White and Yellow pages that could be consulted. He called the toll-free number but was unable to find assistance.

My weekly technology law column (Toronto Star version, homepage version) notes that what followed was the product of a demographic deeply familiar Hollywood movies and reliant on the Internet. McKay assumed that he had used his single phone call and did not consider using directory assistance (411), which he did not think was a “viable search engine.” Instead, he noted that Google was his main method to search for information.

February 19, 2013 — 17 comments — Columns

One Phone Call is Not Enough: Court Rules You Have the Right to Google a Lawyer

Appeared in the Toronto Star on February 15, 2013 as You Have the Right to Google for a Lawyer Hollywood crime dramas are infamous for the scene when an accused is taken to a local police station and permitted a single phone call to contact a relative or lawyer. While […]

February 18, 2013 — Comments are Disabled — Columns Archive

Businesses Think Anti-Spam Law Should Protect Them, Not Consumers

For the past month, business groups from across the country have waged an extraordinary campaign against Canada’s anti-spam legislation. With the long overdue law likely to take effect by year-end, groups such as the Canadian Chamber of Commerce, the Canadian Federation of Independent Business, and the Canadian Marketing Association, have launched an all-out blitz to carve out large loopholes in the law and exempt highly questionable conduct.

My weekly technology law column (Toronto Star version, homepage version) notes that the business groups’ chief concern is that the law moves Canada toward a stricter “opt-in” privacy approach that requires marketers to obtain customer consent before sending commercial electronic messages. The move will provide Canadians with greater control over their in-boxes, while also resulting in more effective electronic marketing campaigns for businesses.

February 15, 2013 — 10 comments — Columns

Businesses Think Anti-Spam Should Protect Them, Not Consumers

Appeared in the Toronto Star on February 9, 2013 as Businesses Think Anti-Spam Law Should Protect Them, Not Consumers For the past month, business groups from across the country have waged an extraordinary campaign against Canada’s anti-spam legislation. With the long overdue law likely to take effect by year-end, groups […]

February 15, 2013 — Comments are Disabled — Columns Archive

Copyright Lobby Groups Want Canada Back on Piracy Watch List

The IIPA, the umbrella lobby group that represents the major movie, music, and entertainment software lobby groups, released its recommendations for the U.S. piracy watch list last week. Those that thought passing Bill C-11 – the Canadian copyright reform bill that contained some of the most restrictive digital lock rules in the world – would satisfy U.S. groups will be disappointed. The IIPA wants Canada back on the piracy watch list, one notch below the Special Watch List (where the US placed Canada last year).

February 14, 2013 — 26 comments — News