Hugh Tomlinson QC writes: On 25 August 2010 Supreme Court Justice Lord Walker of Gestingthorpe gave a speech to Anglo-Australasian Lawyers Society at Owen Dixon Chambers, Melbourne on the subject of privacy. His title was “The English Law of Privacy: An Evolving Human Right“. The lecture contains an interesting an useful overview of the current…
Category: Court
French Appeals Court Rejects Geolocation-Based Evidence in Employee Privacy Case
On September 14, 2010, a French Appeals Court in Dijon (the “Court”) upheld a decision against an employer that had terminated an employee who not only used a company car for personal reasons, but also committed serious traffic violations while using the vehicle. The Court rejected evidence collected using a Global Positioning System (“GPS”) device…
Not So Brave New World: Unmasking Anonymous Online Defamation
Julian A. Biggs analyzes legal opinions concerning standards applied in various cases involving unmasking anonymous commenters on the web. He writes, in part, about Quixtar: The Court of Appeals’ opinion provides valuable guidance to trail level courts as to which test should apply in any particular case. In particular, it asserted two important governing principles:…
Facebook says prosecution of billion-dollar spammer not over
Robert McMillan reports that we may not have heard the last of the case involving a Quebec spammer: Facebook isn’t finished with a Canadian who was ordered to pay the company CDN$1 billion last week for spamming. Although the Sept. 28 ruling by Quebec Superior Court closed Facebook’s civil case against Montreal’s Adam Guerbuez, the…