This week, I was pleased to be asked to be on a panel with Daniela Bassan on digital evidence for the Canadian Bar Association - Nova Scotia Annual Conference. I spoke about the mechanics of trying to gather and preserve digital (mainly online) information, and Daniela spoke about the process of getting court orders to preserve and access information from third parties.
In case it's of interest, here's my presentation:
You can download a PDF version of the presentation here.
I had the great pleasure this morning of giving a presentation to the council of the Nova Scotia Barristers Society on the use of social media by lawyers. The Society has been a very keen adopter of social media itself. Check out their presence on Facebook, Twitter, YouTube and LinkedIn.
I thought the slides may be of interest to other members of the profession, so here it is:
I was invited to speak about social media, privacy and the workplace at Verney's Maritime Connections conference on access and privacy. Here is the presentation, in case it is of interest:
I was interviewed by Brent Bambury on CBC Radio's Day 6 on October 20, 2012 to discuss cyberbullying. The full audio is available below.
Catching Cyberbullies - Day 6 - CBC PlayerDAY 6 | Oct 20, 2012 | 8:49
Catching Cyberbullies
In the wake of Amanda Todd's suicide, cries for justice have echoed around the world. Millions have watched the heart wrenching YouTube video where she describes how she was targetted online and bullied a various schools. Hundreds of thousands have signed petitions and called for law enforcement to arrest the cyber bullies and predators who tormented her for years. Privacy, Internet and media lawyer David Fraser discusses some of the complexities of this type of case.
I was interviewed on CBC Radio's Maritime Noon about the effects of social media on the courts and the administration of justice. The audio is available below.
CBC.ca | Maritime Noon | Social Media and the Law, Plumbing Questions, Glass BanJuly 19, 2012 - A judge declares a mistrial after finding out about a juror post on Facebook. We discuss the implications with lawyer David Fraser.
I just gave a professional development presentation for the Canadian Bar Association on Social Media and the Multi-Generational Workplace. Since there's a definite privacy angle, I thought it might be of interest to readers of this blog.
Here's the link in case the embedded presentation isn't showing up for you: https://docs.google.com/present/view?id=ddpx56cg_444ffh725f3&interval=30.
In the last week, there have been reports that the British Columbia New Democratic Party has been demanding the social media login credentials from candidates for the leadership of the party (see: B.C. NDP candidate in social-media standoff with party bosses - The Globe and Mail). All of the candidates have provided this info, except for one who -- quite rightly -- challenges this an an invasion of privacy.
We've heard in the past about employers asking for this sort of information and then backing off when facing a fire-storm of criticism. I can appreciate that the party is hoping to avoid any surprises, but this, in my view, seriously crosses the line. People use their Facebook accounts not only as a trove of embarrassing photos and journals of indiscretions, but also as a primary means of communicating with friends and family. I have close friends who I exclusively communicate with via Facebook. Would it be reasonable for an employer or a political party to ask for my GMail login? Phone records? All my photo albums? My journals? Crappy poetry written in high school (for the record: that was hypothetical; I wrote no poetry in high school)? The notes my mother left me in my lunchbox?
Come on, people. Just because it's easy and just because some people relent and hand it over, does not make it reasonable. It is not reasonable to ask and it is not reasonable to provide it.
It should also be noted that handing over your Facebook login credentials is a violation of the site's terms of use, which could not be more clear:
4.8 You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
The Information and Privacy Commissioner of BC is on the case and it will be interesting to see what she concludes.
My personal conclusion: any political party that demands this sort of information doesn't care at all about privacy and doesn't deserve to govern. Any candidate who acquiesces to this doesn't deserve to be elected.
The fourteenth annual Canadian IT Law Association conference just wrapped up and I had the distinct pleasure of sitting on a panel moderated by Michael Erdle, with Lisa Lifshitz and Mark Hayes on the topic of privacy and social media, online advertising and location-based services.
I addressed location based services and, in case you're interested, here is my slide deck setting out the background for discussion:
Using the Best and Ignoring the Rest: Connecting Social Media to Business ResultsBlogging? Twitter? Facebook? There is no finishing line in the world of technology. While most law firm leaders are now comfortable with websites, this does not mean that the IT challenge is over. The next challenge is to make the most of social media - to identify, for example, the most promising uses of Twitter and Facebook in communicating and collaborating with clients. To help delegates sort the wheat from the chaff will be leading legal analyst, Jordan Furlong, and panelists moderated by Richard Susskind, with emphasis on case studies of what has worked for law firms in Canada and beyond.
Featured Speaker: Jordan Furlong, Senior Consultant, Stem Legal Web Enterprises, Ottawa
Panelists: Jeremy Grushcow, Lawyer, Ogilvy Renault, Toronto
David Fraser, Partner, McInnes Cooper, Halifax
Scott Wolfe, Jr., Member, Wolfe Law Group, LLC, New Orleans
I was honoured to speak on a panel this afternoon with Assistant Privacy Commissioner Chantal Benier and Professor Pierre Trudel at the Canadian Forum for Court Technology put on by the Canadian Centre for Court Technology. The panel was on the topic of the Ethical Implications of Technology. My presentation focused on social media and the courts.
For anyone who may be interested but wasn't there, here is my presentation:
This just posted on the OPC website:
News Release: Privacy Commissioner completes Facebook review - September 22, 2010Privacy Commissioner completes Facebook review
OTTAWA, September 22, 2010 – The Privacy Commissioner of Canada has finished reviewing the changes that Facebook implemented as a result of her investigation of the social networking site and has concluded that the issues raised in the complaint have been resolved to her satisfaction.
Privacy Commissioner Jennifer Stoddart today issued the following statement:
The changes Facebook has put in place in response to concerns we raised as part of our investigation last year are reasonable and meet the expectations set out under Canadian privacy law.
The investigation has resulted in many significant changes. Facebook has put in place measures to limit the sharing of personal information with third-party application developers and is now providing users with clear information about its privacy practices.
A major concern during our investigation was that third-party developers of games and other applications on the site had virtually unrestricted access to Facebook users’ personal information. Facebook has since rolled out a permissions model that is a vast improvement. Applications must now inform users of the categories of data they require to run and seek consent to access and use this data. Technical controls ensure that applications can only access user information that they specifically request.
We’re also pleased that Facebook has developed simplified privacy settings and has implemented a tool that allows users to apply a privacy setting to each photo or comment they post.
It has been a long road in arriving at this point. These changes are the result of extensive and often intense discussions with Facebook. Our follow-up work was complicated by the fact that we were dealing with a site that was continually changing.
Overall, Facebook has implemented the changes it promised following our investigation.
The issues related to the investigation – and, to be clear, I am only speaking about those issues rather than the site as a whole – have been resolved to my satisfaction.
However, our work with Facebook is not over.
While we are satisfied that the changes address the concerns raised during our investigation, there is still room for improvement in some areas. We’ve asked Facebook to continue to improve its oversight of application developers and to better educate them about their privacy responsibilities. We have also cautioned Facebook against expanding the categories of user information made available to everyone on the Internet – and over which users cannot control through privacy settings. As well, we had recommended that Facebook make its default settings for photo albums more restrictive than “everyone on the Internet” – though this concern has been mitigated to a large extent by Facebook’s per-object privacy tool.
Facebook is constantly evolving and we are actively following the changes there – as well as on other social networking sites. We will take action if we feel there are potential new violations of Canadian privacy law.
As well, we have received several further complaints about issues that were not part of our first investigation and we are now examining those. The new complaints deal with Facebook’s invitation feature and Facebook “Like” buttons on other websites.
Our ongoing work does not take away from the improvements Facebook has already made. Indeed, I would like to express my sincere appreciation to Facebook for the cooperation it has provided throughout our discussions. We recognize that some of the changes needed in order for Facebook to meet its legal obligations in Canada were complex and time-consuming to implement. Ultimately, Facebook has made several privacy improvements that will benefit its users around the globe. I believe we have also demonstrated that privacy protection does not stand in the way of innovation.
I would also like to offer my gratitude to the Canadian Internet Policy and Public Interest Clinic for bringing these important issues forward. CIPPIC recognizes how much Canadians value their privacy and has become an important voice for privacy rights in Canada.
A large focus of our work with Facebook related to third-party applications. It is our expectation that application developers will take note of our investigation. Like Facebook, many of them have an obligation to respect Canadian privacy law.
Finally, Facebook users also have a responsibility here. They need to inform themselves about how their personal information is going to be used and shared. The investigation has led to more privacy information and improved privacy tools – Facebook users should take advantage of those changes.
A backgrounder with detailed information about the investigation is available on the Office of the Privacy Commissioner of Canada’s website, www.priv.gc.ca.
The Privacy Commissioner of Canada is mandated by Parliament to act as an ombudsman, advocate and guardian of privacy and the protection of personal information rights of Canadians.
The Commissioner's "backgrounder" is here: http://priv.gc.ca/media/nr-c/2010/bg_100922_e.cfm .
Sarah Schmidt of Postmedia News is reporting that the Office of the Privacy Commissioner of Canada is about to release her conclusions about whether Facebook has done enough to comply with Canadian privacy laws. See the coverage in the Montreal Gazette: Canadian watchdog to weigh in on Facebook's privacy changes.
Watch this space.
You may recall that last year, following a high-profile complaint made against Facebook by the Canadian Internet Policy and Public Interest Clinic, the Privacy Commissioner of Canada gave Facebook a year to get its house in order. In particular, the social networking site told the Commissioner that it would take about a year to address issues regarding third party applications on the Facebook platform and the handling of accounts of deceased users.
A year has passed and the media are reporting that there may be a showdown brewing. It is suggested that if the Commissioner is not satisfied with what Facebook is doing today, it's off to court: Privacy czar set to hand down Facebook ruling.
I'm not sure it's as dire as that, but it will be interesting to see what transpires in the coming days.
It should also be borne in mind that the Commissioner is an ombuds(wo)man. If she goes to court, it's a de novo hearing, so the matter starts all over at the very beginning. Factoring in "Internet time", what Facebook was doing a year ago seems like pre-history.
Update: CIPPIC says that Facebook still falls short of its Canadian obligations, according to an article at ITBusiness.ca.
According to Spiegel, the German government is currently working on an addition to the country's data protection laws that will prevent employers from using Facebook to screen prospective employees, but most other internet-derived information will be fair game:
Saving Jobseekers from Themselves: New Law to Stop Companies from Checking Facebook Pages in Germany - SPIEGEL ONLINE - News - InternationalBut those Facebook users hoping to apply for a job in Germany should pause for a moment before they hit the "deactivate account" button. The government has drafted a new law which will prevent employers from looking at a job applicant's pages on social networking sites during the hiring process.
According to reports in the Monday editions of the Die Welt and Süddeutsche Zeitung newspapers, Interior Minister Thomas de Maizière has drafted a new law on data privacy for employees which will radically restrict the information bosses can legally collect. The draft law, which is the result of months of negotiations between the different parties in Germany's coalition government, is set to be approved by the German cabinet on Wednesday, according to the Süddeutsche Zeitung.
Although the new law will reportedly prevent potential bosses from checking out a candidate's Facebook page, it will allow them to look at sites that are expressly intended to help people sell themselves to future employers, such as the business-oriented social networking site LinkedIn. Information about the candidate that is generally available on the Internet is also fair game. In other words, employers are allowed to google potential hires. Companies may not be allowed to use information if it is too old or if the candidate has no control over it, however.
Facebook's Mark Zuckerberg has just wrapped up a press conference, responding the massive criticism of Facebook's privacy practices. He has unveiled a simplified framework for controlling the "sharing" of personal information on the site.
Here's the official Facebook blog: Making Control Simple | Facebook.
CNet's Declan McCullagh live blogged the press conference here: Facebook event will outline 'simpler' privacy controls | Politics and Law - CNET News.
So did Business Insider's Nicholas Carlson: LIVE: Facebook Rolls Out New Privacy Options.
Facebook's Eroding Privacy Policy: A Timeline Electronic Frontier Foundation
...Viewed together, the successive policies tell a clear story. Facebook originally earned its core base of users by offering them simple and powerful controls over their personal information. As Facebook grew larger and became more important, it could have chosen to maintain or improve those controls. Instead, it's slowly but surely helped itself — and its advertising and business partners — to more and more of its users' information, while limiting the users' options to control their own information.
NSBS - Development
Lunch & Law: Social Networking in a Global Market
Lunch & Law -
Social Networking in a Global Market: Marketing Strategies for Lawyers
Nova Scotia Barristers' Society - Continuing Professional Development
Wednesday, May 5, 2010 12:00 - 1:30 pm
CPD Center, Suite 408, 1645 Granville Street, Halifax
The Program: New technologies provide a plethora of unique opportunities for lawyers to raise their profiles and reach new clients.
Join David T.S. Fraser of McInnes Cooper for a repeat performance! David will provide an overview of blogs, social networking websites and other innovative means of marketing your law practice.
Even if blogs, Facebook, LinkedIn and Twitter leave you scratching your head and wondering what it's all about, this seminar will provide practical insight into these dynamic marketing channels.
David will also explore the issues of associated ethics challenges based on the CBA's new Guidelines for Ethical Marketing Practices Using New Information Technologies.
Don't miss this unique opportunity to learn the latest and greatest trends for marketing your legal practice.
Originally delivered to Society membership in December. Join us for a repeat performance!
Register online - If you do not already have a username and password (or to activate your account), please contact Pierre Benoit at pierreb@nsbs.org.
Fee: $40 per person plus tax (lunch included)
Can't travel to Halifax? Why not join us from the comfort of your office!
Webinar/Teleconference option is available. Fee is $40 plus tax (includes long-distance charges). Instructions will be emailed one day in advance.
It really isn't surprising that companies that are not Facebook are concerned that Facebook's attitude to privacy means that other internet companies are having also big targets placed on their backs.
Yahoo privacy boss distances herself from Facebook - The Globe and Mail...“Mark Zuckerberg is younger than me,” Ms. Toth, the California-based Chief Privacy Officer of search engine giant Yahoo Inc., says with an exasperated shrug during an interview. “Just because a CEO says something, doesn’t mean he is going to be right.”
What Ms. Toth is lamenting is the privacy policies of Facebook’s 25-year-old founder. The social media site found itself the subject of criticism this week from Canada’s Privacy Commissioner and four U.S. senators, who complained that a recent set of innovations improperly exposed the Internet habits and personal opinions of users. A New York Times reporter fuelled the controversy when he posted a quote on Twitter from an unnamed Facebook employee saying Mr. Zuckerberg, “doesn’t believe” in privacy.
That type of attitude, Ms. Toth said, is putting Internet companies in harm’s way with regulators and customers who are agitating for improved privacy protections. If the industry doesn’t work together to simplify and standardize website privacy settings, she warns regulators are going to start imposing harsher rules. ...
Facebook users risk blackmail, privacy czar warns - The Globe and Mail
Jacquie McNish and Omar El Akkad
Published on Friday, Apr. 23, 2010 10:19PM EDT
The world’s most popular social network has made it easier for its users to become the victims of “blackmail” by watering down its protections of personal information, Canada’s top privacy official says.
Facebook executives this week unveiled a series of changes to the site, which now boasts about 400-million users. One of the changes allows third-party developers who design games and other Facebook applications to store user data indefinitely. Previously, developers were required to delete the data after 24 hours.
“I’m very concerned about these changes. More than half a million developers will have access to this data,” Jennifer Stoddart, Canada’s Privacy Commissioner, said in an interview in her Ottawa office. “The information will be stored indefinitely and it opens the possibility that a lot of people can be blackmailed from all corners of the world.”
More than just about any government official in the world, Ms. Stoddart’s hard-line stand on protecting consumers’ privacy has forced Facebook to fundamentally alter the way it treats personal information, even though Canada’s Privacy Commissioner has substantially weaker enforcement powers than many of her global counterparts. After she concluded a 14-month investigation of Facebook last year, the website committed to installing better safeguards by a deadline this summer, including allowing its users to block makers of such popular applications as the game Farmville from culling private information and photos.
“They certainly seem to be moving in the opposite direction,” Ms. Stoddardt said. She said the regulator was surprised by the announcement and it does not intend to take any steps until after the deadline expires at the end of July for the social media giant to reform its privacy practices.
Facebook representatives told The Globe and Mail in an e-mail that privacy concerns “are always at the forefront of any new product development.”
“During the course of launching any products, including those at f8 [Facebook’s developer conference this week], we always consult with a variety of privacy bodies.”
Company representatives added that they had previously agreed to launch a new model for users to give permission to applications developers to use their information, and that the company had followed through on that promise this week.
Ms. Stoddart said the company's apparent about-face is the latest in a series of aggressive innovations by “bright young geeks” at Internet companies such as Facebook and Google, who are so enthralled with technology that they are not focusing on basic privacy rights that other brick-and-mortar companies respect. As these Web giants seek to profit from their extensive stores of demographic data, they are finding themselves increasingly at odds with privacy regulators.
“Making unlimited wealth is not a reason for doing away with privacy. The rest of the world’s citizens are not comfortable with this,” Ms. Stoddart said.
She added that her counterparts in other countries are disheartened by the Internet industry’s apparent indifference to privacy concerns and she expects that “an enforcement action” will be taken in the near future against one of the Web’s larger players.
She said it is likely that a European regulator will initiate enforcement proceedings because, unlike Canada, most European countries give their regulators the authority to order changes.
“This is a global issue and I expect we will see a global solution.”
The commission’s pioneering Facebook investigation was triggered by a complaint from an Ottawa privacy rights group, which alleged that the site was not properly informing users about their right to restrict access to their data. Although the commission's powers are limp by global standards, Ms. Stoddart said she decided after some “sleepless nights” that her office “could not duck” the privacy issues posed by Facebook.
Ironically, the Globe & Mail is connected to Facebook, so FB users can "like" the article or comment on it using their Facebook accounts.
