We once again take a look at some recent legal tech issues.
Serving court documents via Facebook?
We have seen technology and social media cause headaches in the courtroom, with jurors using their phones, tablets and laptops to research and comment on ongoing trials. So it might be somewhat refreshing to see the courts using social media in a constructive way for a change.
A New York judge recently permitted a woman to serve divorce papers on her husband by sending electronic copies via private message to the man’s Facebook account. The husband had no fixed address, no place of employment, and had refused to co-operate with her efforts to serve him, though he had continued to keep in touch with her periodically on Facebook. In these unique circumstances, the social networking site was an appropriate – and necessary – source of service “by alternate means.” The judge also required the woman and her attorney to call and text message the husband to further inform him of the Facebook summons. If the husband fails to respond, the judge may grant a default
divorce judgment.
Though such a novel tactic has obvious limitations, it is yet another example of the ever-evolving impact of technology on the practice of law.
Killer robots: ethics and liability
On a slightly more serious note, The Globe and Mail ran a piece recently examining the legal effects of the recent advancements in robotic warfare technologies and drone use. These technologies have long allowed for remote-controlled attacks, with a human guiding a robot or drone from a safe distance. But advancements in AI could herald a new generation of autonomous devices, with the ability to attack and kill independently of human guidance and control.
An international coalition of roboticists, academics and human rights activists called the Campaign to Stop Killer Robots is pressuring governments and the United Nations to preemptively ban such fully autonomous weapons.
Military applications are one thing, but consider the use of these technologies domestically by police and security forces. Are we nearing a real-life RoboCop or Terminator age? And the legal discussion could extend even to commercial products like those autonomous robots that vacuum your floors, cut your grass, or drive your car. What happens when one of those malfunctions and causes injury – or even death – to an owner or guest? Where will the liability rest? These will be interesting and tricky issues for governments and courts, with heavy regulation being a likely result.
practicePRO legal tech resources
As technology continues to provide benefits for, and impose demands on, the legal profession, lawyers can feel the strain of needing to keep up with the ever-changing trends. Consider visiting LawPRO’s Technology page (practicepro.ca/technology), where there is a wealth of links to helpful resources. Perhaps most useful are the model technology use policies (electronic document handling, social media, backup practices, etc.). Browse the articles and books on legal technology, and the list of “practical tips” for lawyers (preventing identity theft and online fraud, protecting client data, docketing tips, password protection, etc.).