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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The author raises questions about potential threats to our democratic order that may arise from advancements in surveillance technology. Among the developments that concern him are the increasing power of investigators to conduct surveillance, the enhanced ability of the public and private sectors to share information and the steady growth in the sophistication of surveillance technology. At the same time, there is less scrutiny of surveillance practices by independent bodies. The author argues that these factors are combining to make surveillance of individuals dangerously easy. He warns that this may erode key democratic values, particularly freedom of expression and the right to privacy. The author reviews the 'Personal Information Protection and Electronic Documents Act (PIPEDA)', and concludes that while it is a good first step, it falls short by not adopting the European Union's strict approach to consent. As a result,further measures are needed to ensure that democratic values are adequately preserved, such as stronger laws dictating how government and private agencies collect and store information as well as greater accountability of government to its citizens. In addition, to help ensure such accountability, the author argues that there should be a method of tracking government searches for information. Finally, the author suggests an alternative system under which the personally identifying elements of collected information are removed and stored separately, accessible only upon independently verified grounds.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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In a collection of nonfiction pieces, the novelist William Gibson reveals our own world to us as a science-fictional marvel.
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"Over the past decade, the Government of Canada has tabled various iterations of so called lawful access legislation. The latest one identified six specific elements of subscriber information which would be made available to law enforcement and national security authorities without prior judicial authorization ... This document presents findings from a technical analysis conducted by the Office of the Privacy Commissioner of Canada (OPC) examining the privacy implications of subscriber information elements which are not found in a phone book: email address, mobile phone number and Internet Protocol (or IP) address"--Introduction.
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This paper is a feminist judgment in R v JA (Supreme Court of Canada 2011), a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. The Supreme Court’s ruling in JA has generated critique and debate amongst feminist and law and sexuality scholars that pits women's equality and security interests against their affirmative sexual autonomy. Using the methodology of a feminist judgment, I endeavour to analyze whether it is possible to adopt an approach to advance consent that protects or at least balances all of these interests. My particular focus is the spousal context, where courts have often interpreted the sexual assault provisions of the Criminal Code to the detriment of women’s sexual integrity and equality, yet where arguments about affirmative sexual autonomy have also predominated. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.Este artículo es una sentencia feminista de R v JA (Tribunal Supremo de Canadá 2011), un caso de agresión sexual conyugal que implica la cuestión de si las partes pueden consentir de antemano una actividad sexual que ocurrirá mientras están dormidos o inconscientes. El fallo de la Corte Suprema en JA ha generado críticas y debates entre feministas e investigadores en derecho y sexualidad, que enfrentan los intereses de igualdad y seguridad de la mujer con su autonomía sexual afirmativa. Utilizando la metodología de un juicio feminista, se intenta analizar si es posible adoptar un enfoque de consentimiento anticipado que proteja, o al menos equilibre, todos estos intereses. El enfoque particular es el contexto conyugal, donde los tribunales han interpretado a menudo las disposiciones sobre el asalto sexual del Código Penal en detrimento de la integridad sexual y la igualdad de las mujeres, incluso también donde también han predominado los argumentos sobre la autonomía sexual positiva. A partir de un acercamiento a la criminalidad basado en el daño, que considera la autonomía sexual negativa y positiva, la sentencia concluye que el consentimiento previo no debe ser considerado válido sin que se pongan en práctica ciertas garantías legales. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=2891024
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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