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Michael Geist
- April 7, 2008 10:56 AM |
- By Your Voice
It's not quite the lawless wild west some believed it to be many years ago, but the internet still requires some savvy legal navigation.
Are you legally responsible for the comments on your website? What about defamation and libel on the net? What are the laws and who is affected?
Dr. Michael Geist
Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair of Internet and E-commerce Law.
On Wednesday, April 9 he took your questions on technology and internet law.
Read his responses below.
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Comments (7)
Is is considered a punishable crime for me to log onto and use someone elses wireless signal, without their knowledge.
Michael Geist: It depends. If the wifi signal is locked or password protected, then certainly. If it is open wifi, then arguably no, since one could make a credible argument that the open wifi was a signal (no pun intended) that the wifi owner is comfortable with others accessing it.
As asked by many people, the content found through the 'torrent' sites, is any of that stuff illegal, since they are uploading and sharing with others?
Michael Geist: There is a wide range of content on torrent sites — some of it authorized for distribution and some of it unauthorized. Where authorized (examples include the CBC’s recent torrent distribution of Canada’s Next Great Prime Minister, open source software, many independent films), there is nothing illegal about using torrents or BitTorrent.
What is the current legal status of downloading music and video files in Canada? Also, is it legal to make a copy of someone else's music CD for your own personal use?
Michael Geist: Downloading music for personal, non-commercial purposes is arguably legal in Canada due to the private copying levy which places a levy on blank media such as blank CDs. The private copying levy does not extend to video as it only covers sound recordings. Making a personal copy of a music CDs is also covered by the private copying levy.
I am under the impression that it is a crime to open and read mail (i.e. "Canada Post")addressed to someone else.
Is it also a crime to read e-mail addressed to someone else?
Michael Geist: Interfering with email transmission raises criminal and privacy law issues that could lead to an action.
I have a couple quesitons:
A)This is along the same lines as don's question...
1) Is is considered a punishable crime for me to log onto and use someone elses wireless signal "without their knowledge" to use there internet connection?
2) Is is considered a punishable crime for me to log onto and use someone elses wireless signal "without their knowledge" to access there files shared on the network.
b)Businesses often have there own firewalls to stop there employees from accessing webistes. Are there any laws that govern what websites can or can not be blocked or is it entirely up the the employer to decide what sites to block.
Michael Geist: Accessing files without permission would certainly raise criminal issues. Assuming the business owns the network and the equipment, it typically is entitled to set the rules on usage of that network.
What is your opinion of Bell's recent move to throttle its own customers and customers of third party ISP's using Bells infrastructure (last mile)?
Michael Geist: I have been very critical of Bell’s throttling practices since it raises significant competition concerns. I discuss it in detail at my website (michaelgeist.ca), particularly in this article . The recent complaint filed by the Canadian Association of Internet Providers at the CRTC should place the spotlight on whether Bell’s actions are permitted under Canadian law or if new legislation is needed.
A) Does Canada currently have any laws that prohibit registered Canadian corporations from bundling (installing) undisclosed "malware" with legitimate software? (IE The infamous Sony Rootkit fiasco)
B) Has the Canadian government considered a tax for online sales (similar to the VAT used in Europe)?
Michael Geist: GST is levied on online sales from organizations operating in Canada that sell to Canadians.