Teresa Scassa - Blog

In its unanimous decision in Jones v. Tsige, 2012 ONCA 32, the Ontario Court of Appeal recognized at least one subset of a common law right of action for invasion of privacy. This subset, which the court calls the tort of “intrusion upon seclusion” is one of four privacy-related torts identified by U.S. law professor William L. Prosser in his article “Privacy”((1960), 48 Cal. L.R. 383 at 389), and adopted by the U.S. Restatement (Second…

The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state…