14 — Morth Shore News - Wednesday. September 20, 2000 Janice Mucalov Contribating Writer COMPUTER chat rooms and bulletin boards are becoming increasingly popular. But how free are vou to sav what's on vour mind? Could vou get sucd by sameante it Ontario or the US. — of anywhere else out in evberspace -- for posting some disparaging remarks about them? Possibly. But the simple posting of material on the Internet doesn’t necessarily mean you break the [aw, B.C."s top court decided last year. The judgement is consid: ered one of the most impor- tant in Canada for dealing with Internet law. * Prices net of all programs ut what you say on the The case invelyed a Vancouver businessman. John Kostiuk, whe had been sucd ina ‘Texas court tor defamation by a Vancouver technology company, Braintech Inc. Koostiuk had alleged|y made some nega- live comments about Braintech on Silicon Investor, a popular ontineg discussion group or bulletin board used by investors who exchanged information Ch about companies such as Braiuech Brantech started the haw suitin Pesas. alleging that publication of these com MCNTS Over the Internet attected the interests of potential and cuisting investors Iving in the state. Rostiak didn’t detend the acdon, beleving thar Texas had ne jurisdiction over him. In Texas. une company obtained a denult judg ment against Kostink for $409,680) Braintech then wanted the B.C, courts to enforce the judgement against Kostiuk in B.C. The B.C. Court of Appeal repeated the law that the wrong of “libel” is only committed when the written defamatory statement is published to at least one unt superstore £ More person other than the complainant, The wourt then wen ost tesay thatthe "niere dans DOPy. Passive PYescHee 1 evberspace of the alleged denimatory material” does Wt constitute publication in Toxas. Brantech slrould have offered better prool that Rostiuk had “entered” Texas and atrracted the jurisdiction of the “Fexas court than “the mere possi bihiny that someone in that jurisdicuon might have reached out to cyberspace to bring the defamatory maier- ial to asereen in Texas.” To be accountable for making defamatory remarks in a jurisdiction, Judge Goldie said that some form of active behaviour is needed to link that jurisdiction to a Person or company and its online belay sour Usually, dhe active pela jour takes the form of Remy resident in that purodicnen or doing business iy it. “hr would create a crip pling effect on freedom of e\pressien Hin every juris diction the world over in which access to the Internet could be achieved, a person who posts fair comment on a bulictin board could be haled betore the courts of each of those countries where access to this bulletin could be obtained,” Judge Goldie wrote. Note, however, that vou could still be guilty of defamation if vou libel someone in B.C. over the Internet. If you break the laws of B.C. — with or without the Internet — you will be responsible here. internet Also, if a person ina ter eign jurisdiction dewaloads veur fie or bays cour prod uet over the Internet, tien Vouromine activities would be actively inked to that foreign jurisdiction, and vou cea be hable for makir hegative comments on vour web site. The laws concerning the Internet and other advanced electronic communications can be quite complicated. So consult your lawyer if you need advice This coiziun bas been writ- ten with the assistance of Daryl Collier of the Nearth Vancouver law firm of Ratcliff & Company, Suite 500, 221 W. Esplanade, 9S8- 5201. The colunin provides information only and must ot be relied on for leqal advice. Device to identify impaired drivers A new tool in the fight against impaired driving is being used by police in West Vancouver. The Aleo Sensor IV, is an improved version of the roadside-screening — device previously used in the munic- ipality. The Alco Sensor [V, like its predecessor identifies dri- vers in three categories: litte or no alcohol; between 50 to 100 mgs of alcohol (24-hour suspension); those over 100 mgs (legally impaired). What U.: Alco Sensor [V does a lit’. better is quantify how mu a drivers have had to drink under 50° mys. All learners and new drivers must have zero alcohol in their svs- tem when operating a motor vehicle. The device is also helpful in identifving drinking dri- vers who can hide their impaired symptoms, accord- ing to Const. Phil Strong with the traffic section of the West Vancouver Police departinent. CORRECTION NOTICE The Rogers” AT&T’ insert with an enc date of September 30, 2000 is missing an asterisk on the Nokia 5160 digital phone (1722306). This phone requires a %2-month activation with a minimum monthly service fee of $30. System activation/access fees may also apply. Sorry for any inconvenience this may have caused. 11-12 noon Nothing Sews tae a Bemuna, Nothing. BERNINA EI The Thread Vecar 922-0308 : 1552 Marine Dr., West Van www.threadbear.com