Nov. 1, 2023

Professor publishes articles on the torts of privacy, intermediary liability laws

Articles appear in Osgoode Hall Law Journal and Canadian Journal of Law and Technology

In "The Challenge Designing Intermediary Liability Laws," found in Canadian Journal of Law and Technology, Dr. Emily Laidlaw, PhD tackles two parts of the regulatory challenge that are vital to finding a way through this thicket. In the first part she examines the conceptual evolution of intermediaries into platforms to identify the challenge in regulating what we cannot easily define. In the second part, she situates the definitional challenge in the evolution of various intermediary liability laws with a goal to unpack why it is hard to land on a regulatory framework of wide appeal. The central argument is that intermediary liability laws must account for the gatekeeping power of intermediaries. 

"Technology Mindfulness and the Future of the Tort of Privacy," published in the Osgoode Hall Law Journal, investigates how to develop the tort of privacy to better address technology-facilitated abuse. The central question explored is how explicitly the role and function of technology should be engaged in a legal test. The article argues that technology is constitutive of our society, shaping our social and cultural institutions, which in turn shape the development of technology and together define the everyday ways that our privacy is enjoyed and invaded.