Up here in the great white north of Canada our Supreme Court Justices have recently made a couple interesting decisions.
I think would make good topics, or at least news items worthy of your introspection.
- Facebook’s click wrap terms of service were judged not enforceable by virtue of Facebook’s power vs. individual users (inability to negotiate terms, forum selection) and some rights just can’t be overwritten by a contract (like privacy); Supreme Court Rules Facebook Can’t Contract Out of B.C. Privacy Law and Why Clicking “I Agree” May No Longer Mean You Agree to Everything
- Google was instructed to remove global search results by a court in British Columbia and the SC upheld the judgement. Global Internet Takedown Orders Come to Canada: Supreme Court Upholds International Removal of Google Search Results and No Monitoring & No Liability: What the Supreme Court’s Google v. Equustek Decision Does Not Do
I have to admit I totally agree with both decisions. It might seem like the court over stepped it’s jurisdiction but I think they did a job of justifying their decisions.
In the Facebook case the justices highlighted the fact that certain services, like Facebook, have become unavoidable if we want to be active participants online.
In the Google case, the court decided the inconvenience to Google was minimal and they already had mechanisms in place to handle it but the impact to the claimant was significant because most of their sales were outside of Canada - so limiting the link removal to Google.CA was not the point. And requiring the claimant to file against Google in every country Google operates would have been unrealistic.