The British Columbia Supreme Court recently considered a claim for breach of contract arising from a terms of use agreement contained on a website in Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196. The central issue was whether the terms of use gave rise to a binding contract between the owner of the website and its user in the absence of an affirmative act on the part of the user expressing assent to the terms. The case challenged the Court to consider the evolving nature of “offer” and “acceptance” in the new context of internet contracting. In a precedent-setting decision, the Court held that the act of accessing a website containing terms of use may give rise to an enforceable contract. The decision has significant implications for internet users and businesses that engage in internet commerce. This article discusses the decision’s background, reasoning, and implications.
Read the full article here:
Matthew Nied, “I Browse Therefore I Accept: Recent Developments in the Enforceability of Website Terms of Use Agreements” (2012) 1:1 Commercial Litigation and Arbitration Review 11.
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The Internet, Cloud Computing, and the Charter Right to Privacy: The Effect of Terms of Service Agreements on Reasonable Expectations of Privacy
September 30, 2011
The use of the internet as a tool in the commission of crime has given rise to new search and seizure issues. When individuals use the internet, their personal information may be transmitted to various online service providers, such as social networking websites, email service providers, and internet service providers. In many cases, online service providers impose terms of service agreements on their users which require them to agree to the disclosure of their personal information to the authorities for the purpose of criminal investigations. Recent decisions indicate that such terms of service agreements are a key factor in assessing the legality of warrantless disclosure in the internet context under s. 8 of the Canadian Charter of Rights and Freedoms.
These decisions may contribute to an erosion of privacy rights as the internet becomes increasingly central to daily life. Individuals use the internet to perform a variety of personal activities, including writing and receiving correspondence, storing personal files, and developing social networks. However, in order to use these increasingly vital services, individuals must trust their information to online service providers. In doing so, users often unknowingly subject themselves to non-negotiated terms of service agreements that may limit their privacy expectations. As computing trends fuel a migration of information from personal computers to remote servers controlled by online service providers, more of the public’s information may become exposed to warrantless seizure by the state. This article surveys the law, discusses the effect of terms of service agreements, and considers the privacy implications.
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Read the full article here. It was published in:
Matthew Nied, “The Internet, Cloud Computing, and the Charter Right to Privacy: The Effect of Terms of Service Agreements on Reasonable Expectations of Privacy” (2011) 69:5 The Advocate (Magazine of the Vancouver Bar Association) 701. Also published in (2011) 12:5 Internet and E-Commerce Law in Canada 40.
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