Canadian Lawyer

ScrubbiNG oNliNe Graffiti W hen one of several graffiti- like web sites on the Inter- net revealed a Kamloops, B.C. woman's Facebook photo had been lifted and unflattering comments post- ed, Vancouver litigator Andrew Aguilar realized that he could fix the problem. He saw the story in the media, which had carried extensive coverage of a site called TheDirty.com, including stories of offended individuals who wanted the site shut down. "I had done some work earlier involving this web site," says Aguilar, an associate with McMillan LLP who has a special interest in Internet cases. "I realized that this is something that I could do." He called Kamloops resident Jordin Steele and agreed to work pro bono and sent several letters to the site. Aguilar says his past experience had taught him the best way to remove unflattering or insensitive comments from such sites was to seek to remove the photo which sparked the comments. Rather than choose a defamation route over the text, he sent the U.S.-based site letters indicating the publishing of the photo, taken from Steele's Facebook page, was a copyright infringement. Once the photos disappeared, the text was also removed. Aguilar says such web sites are being an increasing concern to people who find themselves the target of "horrible" and anonymous comments. "It's like a celebrity gossip web site but involves everyday people," he says. Sites are divided into regions and individuals post photos and anyone can write com- ments. Aguilar says it is particularly con- cerning for people whose employment might be compromised by such com- ments on public web sites. "Your boss might think you are a terrible person," said Aguilar, who sees his file of Inter- net cases growing. A more direct approach such as defa- mation might work better in Canada, Aguilar says, but in the U.S. he's found that copyright infringement is more suc- cessful. However, arguing copyright only works if ownership of the photo can be shown. — JS Andrew Aguilar stepped up to help out Jordin Steele. YOUR CROSS-CANADA GUIDE TO CIVIL FORFEITURE LAW AND PROCEDURE NEW PUBLICATION CIVIL ASSET FORFEITURE IN CANADA JEFFREY SIMSER AND JAMES MCKEACHIE Civil asset forfeiture law is complex and the cases move quickly. Whether you are experienced or new to this area of law, you can rely on Civil Asset Forfeiture in Canada for expert commentary on the latest case law and legislation. This comprehensive supplemented service is a practical guide to defending, bringing and asserting claims in civil forfeiture proceedings across Canada. Provides statutory provisions and expert commentary ORDER # 804527-62792 $185 1 volume looseleaf supplemented book January 2012 1-2 supplements per year Supplements invoiced separately 978-0-88804-527-0 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Written by the experts who helped draft Canada's first civil forfeiture law and participated in the leading cases, this resource covers each phase of a proceeding as well as the obligations of the Crown and the defences available to litigants. Each province with civil forfeiture legislation has its own tabbed chapter for easy access to analysis of the law, references to relevant case law and helpful practice tips. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CANADA LAW BOOK® www.CANADIAN Lawyermag.com FEBRUA R Y 2012 15

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