My condolences and much love to all surviving family and close friends. 🌷 After far too many years of following channels of lawyers discussing a diversity of topics in the United States, finding this Canadian channel is a joy. Thank you David Fraser for sharing your thoughts and knowledge on topics which are, well, for me, important. 🌸
First off, my condolences. Also, thank you for providing an excellent overview of the decision. I just wanted to share my opinion as a technologist who has direct experience working on such data platforms, and their responsibilities wrt 3rd parties: Platforms, like Facebook, if they work with 3rd parties, that's an ongoing relationship as the collection is on going and not a one time affair. In my opinion, any such platform must not only vet 3rd parties, but do so on a regular basis, and are obligated in providing safety systems and mechanisms of recourse. As these platforms facilitate directly and indirectly monetized transactions and services on an ongoing basis, and act as not only a technological, but commercial multi-jurisdictional service delivery systems.
It seems we have lost the ability to discern right from wrong in deciding how to treat each other. Any person attempting to do so, in light of these arguments, becomes an arbitrary construct regardless of their choice. What happened to “Do unto others as you would have them do unto you.” Now it takes ten years to get nowhere.
In other words, justice is basically all about what some judges, subjectively, decide to be objectively reasonable for other individual subjective human beings ?
The actions that led up to this happened about 10 years ago. The fact that it was happening only came out in 2018. The OPC issued a report in 2019 and brought this to the court in 2020. The federal court ruling was in spring 2023 and the ruling on the appeal just this year. We also had COVID happen during the time it was before the federal court.
Sorry to hear of your loss, David. Ive always been fascinated with the notion of "reasonable person" and found this discussion informative. I think the reasonable person would find it very complicated, however! Lol. Keep up the good work...your videos are great. I hate Facebook, despite all its benefits.
My condolences. It is insane that any group, company, etc. could be allowed to make ToS and more stating that by signing up or such that you can agree for someone else's data to be used and shared. Most ToS and such are far to long and written in a manner that the average person is not able to understand.
I'm pondering how this decision affects others dealing with third party apps. The C of A said Facebook had a duty to review the privacy policies and terms of use of apps on its platform, and what the app provider does in practice. (Para's 92, 109, 111) Does that apply to every entity with an app store? To some extent this seems inconsistent with principles of open data / open banking, where the party supplying the customer's data is not responsible for the privacy policies or use of the data by the entity it is sent to. Perhaps there is a distinction between whether the third party is selected by the customer, or offered up by the party dealing with the customer?
I think THAT is the huge question for today. The Facebook platform doesn't exist, but to what extent does anyone who operates a "platform" (like an operating system) have to vet apps that work on their platforms? Does it depend on the platform (iOS which keeps tight controls vs. Linux, which does nothing like that at all).
What about the boondogle of Facebook refusing to allow Canadians to post news on its platform? This was in response to Federal gov requiring Facebook to pay a stipend to content producers which Facebook doubled down on by punishing Canadians.
I am sorry to hear about your close family member. Wishing you and your family my deepest sympathies, and condolences at this difficult time. May they rest in everlasting peace. I know Cambridge Analytica was data mining individuals with specific characteristics for targeting in the USA for voting purposes. They also used weapons grade mind control in political ads targeted at the voters in critical swing states vital to the elections success in 2016 elections. The documentary called "The Great Hack" revelations from a company member whistleblower who also disclosed the companies true nefarious interests. Do we know what exactly they were harvesting and for what purpose? Has Canada taken any action against Cambridge Analytica as far as investigations or indictments? Do they not have to answer for their actions being a indirect third party in the case?
My condolences and much love to all surviving family and close friends. 🌷
After far too many years of following channels of lawyers discussing a diversity of topics in the United States, finding this Canadian channel is a joy. Thank you David Fraser for sharing your thoughts and knowledge on topics which are, well, for me, important. 🌸
I cancelled Facebook 10 years ago when I realised that I had zero expectation of privacy.
I dumped it 15 years ago when every idiot on the planet wanted to ‘friend’ me and share their most monotonous moments. It got ridiculous.
Some here. I don't know when it was, but I quit it too, long ago. We need a better alternative to find and connect with long lost friends.
I had an FB profile, barely used it for anything other than getting freebies from.games.
First off, my condolences. Also, thank you for providing an excellent overview of the decision.
I just wanted to share my opinion as a technologist who has direct experience working on such data platforms, and their responsibilities wrt 3rd parties:
Platforms, like Facebook, if they work with 3rd parties, that's an ongoing relationship as the collection is on going and not a one time affair. In my opinion, any such platform must not only vet 3rd parties, but do so on a regular basis, and are obligated in providing safety systems and mechanisms of recourse. As these platforms facilitate directly and indirectly monetized transactions and services on an ongoing basis, and act as not only a technological, but commercial multi-jurisdictional service delivery systems.
It seems we have lost the ability to discern right from wrong in deciding how to treat each other. Any person attempting to do so, in light of these arguments, becomes an arbitrary construct regardless of their choice. What happened to “Do unto others as you would have them do unto you.” Now it takes ten years to get nowhere.
In other words, justice is basically all about what some judges, subjectively, decide to be objectively reasonable for other individual subjective human beings ?
This analysis was turning into a bit of a Monty Python skit. 😂
Condolences. Nice to have you back.
My condolences. Thank you also for all that you do. You are appreciated.
I'm curious to know if ten years is typical timing for this kind of judgment? Surely that is itself a huge problem?
The actions that led up to this happened about 10 years ago. The fact that it was happening only came out in 2018. The OPC issued a report in 2019 and brought this to the court in 2020. The federal court ruling was in spring 2023 and the ruling on the appeal just this year. We also had COVID happen during the time it was before the federal court.
My condolences to you and your family David.
Bummer about the family member. Thank you and have a better week.
Sorry to hear of your loss, David. Ive always been fascinated with the notion of "reasonable person" and found this discussion informative. I think the reasonable person would find it very complicated, however! Lol. Keep up the good work...your videos are great. I hate Facebook, despite all its benefits.
Condolences on your loss
10 years and not much accomplished other than the legal system making hay.
my condolences
An interesting decision from the Court of Appeal. Thank you.
My condolences. It is insane that any group, company, etc. could be allowed to make ToS and more stating that by signing up or such that you can agree for someone else's data to be used and shared. Most ToS and such are far to long and written in a manner that the average person is not able to understand.
My takeaway is: if you are still a Facebook user after all its privacy scandals, you are a fool.
I went off FB but many organizations use it😂
Data brokers are to fishing, indiscriminate trawlers.
How does this 180 degree turn impact Arrivescan?
_"I'll talk to this Lord Humungus. He's a reasonable man open to negotiation!"_
I took law in college, I love briefs.
I'm pondering how this decision affects others dealing with third party apps. The C of A said Facebook had a duty to review the privacy policies and terms of use of apps on its platform, and what the app provider does in practice. (Para's 92, 109, 111) Does that apply to every entity with an app store? To some extent this seems inconsistent with principles of open data / open banking, where the party supplying the customer's data is not responsible for the privacy policies or use of the data by the entity it is sent to. Perhaps there is a distinction between whether the third party is selected by the customer, or offered up by the party dealing with the customer?
I think THAT is the huge question for today. The Facebook platform doesn't exist, but to what extent does anyone who operates a "platform" (like an operating system) have to vet apps that work on their platforms? Does it depend on the platform (iOS which keeps tight controls vs. Linux, which does nothing like that at all).
What about the boondogle of Facebook refusing to allow Canadians to post news on its platform? This was in response to Federal gov requiring Facebook to pay a stipend to content producers which Facebook doubled down on by punishing Canadians.
See that America? THIS is how it's supposed to work.
Thanks
Good video
It's pretty clear that our Canadian Justice System is on the governments side most of the time. At least with this current government. Imo.
Please learn more about our legal system and government. You are embarrassing yourself here.
@@chrisjohnson7929 😂 fair enough.
Nobody in that courtroom answers to the government.
@@privacylawyer never said they did. But I would say that there is politics involved by some.
I am sorry to hear about your close family member. Wishing you and your family my deepest sympathies, and condolences at this difficult time. May they rest in everlasting peace. I know Cambridge Analytica was data mining individuals with specific characteristics for targeting in the USA for voting purposes. They also used weapons grade mind control in political ads targeted at the voters in critical swing states vital to the elections success in 2016 elections. The documentary called "The Great Hack" revelations from a company member whistleblower who also disclosed the companies true nefarious interests. Do we know what exactly they were harvesting and for what purpose? Has Canada taken any action against Cambridge Analytica as far as investigations or indictments? Do they not have to answer for their actions being a indirect third party in the case?
Just stop using people’s private information. Advertisers are the devil.