Today I made a presentation for Lou D’Alton’s Information Policy class (LIS 9130 in the Faculty of Information & Media Studies at UWO) entitled Douez v Facebook: Implications for Canadian Information Policy.
I’ve posted the slides here.
I believe the decision has important implications beyond the validity of the forum selection clause that was at issue in the case. I’ve been studying the Privacy Policies and Terms of Service agreements for various vendors of Internet of Things devices and I conclude that many of them would not survive a challenge in Canada.
Beyond privacy issues, I believe the decision, (and particularly Justice Abella’s discussion of adhesion contracts and unconscionably) is relevant to the ongoing controversy about whether license terms can override substantive users’ rights under the Copyright Act like fair dealing.